§ 134-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure means a building or structure subordinate to the principal use or building on a lot or property and serving a purpose customarily incidental to the use of the principal building, provided any such structure or building is built with or after the construction of the principal building. Where an accessory building or structure is attached to the principal building in a substantial manner, as by an attachment built as enclosed heated floor space, such accessory building or structure shall be considered part of the principal building.

Accessory retail uses means retail sales and services accessory to the operation of an office building or institutional use, motel, hotel or high-rise residential development, conducted wholly within the building housing the use to which such activities are accessory, provided that the floorspace used or to be used for such accessory retail uses shall be limited to a total of 25 square feet per dwelling unit in a high-rise residential development or 25 square feet per room in a hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

(1)

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure;

(2)

No show window, advertising or display shall be visible from the exterior of the primary use structure;

(3)

No merchandise shall be stored or displayed outside of the primary use structure.

(4)

Accessory retail uses shall include eating and drinking establishments, barber shops, beauty shops, laundry and dry cleaning pickup establishments, news stands, florists' gift shops, film developing and printing facilities, stationery stores, shoe repair shops, or convenience food stores (no fuel sales).

(5)

Accessory retail use square footage must be in the primary building it serves; accessory use square footages cannot be allocated to other buildings in a multibuilding development.

Accessory uses means uses subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such use is built with or after the construction of the principal building. Such uses include garbage pads, heating and air conditioning units, Jacuzzis, tennis courts, swimming pools (private), playhouses, playgrounds and the like.

Adult means any person over the age of 18 years old or legally emancipated in the State of Georgia.

Agricultural produce stand means a structure not greater than 1,000 square feet for the purpose of seasonal sales of products grown or produced on the premises on which it is located.

Agriculture. Land, including necessary buildings and structures, shall be considered used for agriculture if not composed of subdivision lots, and if the raising of crops or animals is the principal use of the property.

Alley means a public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on an alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Ancillary retail sales (industrial districts) means retail sale of goods and services which is secondary in nature to the primary industrial use of the property in that the goods for sale have been produced on-site or are in storage at the site for planned distribution to other areas. The ancillary retail sale of goods shall only be conducted as part of the permitted industrial use and shall not be a freestanding business.

Ancillary retail sales (recreational driving range or golf course) means the sale of food, beverages, golfing apparel and accessories, and those items traditionally sold within a golf pro shop or clubhouse.

Animal shows means exhibitions of domestic or large animals for a maximum of seven days.

Apartment means a leased residential unit in a multifamily building or development.

Apartment operation means an individual or coordinated ownership of two or more apartments in a multifamily building or a multifamily development with coordinated use of leasing agents or other leasing services.

Arcade means a building or part of a building in which five or more pinball machines, video games or other children's rides or other similar player-operated amusement devices are maintained, not including commercial recreation restaurants.

Assembly hall means a facility and/or grounds where scheduled events and gatherings take place that are normally one-time events for organizations or people including, weddings, birthday parties, graduation parties, religious milestone celebrations, holiday parties, private parties, corporate meetings and the like. Assembly halls may have large open rooms or banquet halls, which may have live or recorded music or entertainment, and which may have freshly prepared or catered food and beverage.

Automobile service station, gas station and filling station mean a building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto. Facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.

Automobile storage yard and wrecker service mean an establishment used for the shortterm storage of damaged or confiscated vehicles.

Automotive paint and body repair shop means an establishment for restoring auto bodies, painting or refinishing, with all activities carried on entirely within an enclosed building.

Automotive salvage and wrecking yard means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, articles or merchandise.

Barn means a property of at least two acres where the owners of the property board their equestrian livestock (and are considered the primary riders of the livestock) and allow for a limited number of other equestrian livestock owners to board and maintain their animals. A barn may allow for a trainer to visit the site, as opposed to basing his/her training operation at the site. A barn may also allow for lessons to be conducted on site subject to proper licensure and insurance as required by applicable county and state regulations.

Basement (for the purposes of this chapter) means a portion of a building partly underground which has more than one-half of its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground. A basement shall not be deemed a story unless the ceiling is six feet or more above the grade, or unless it is part of any permitted self-service storage facility.

Basement (for the purposes of determining residential building height) means a portion of a building with an exterior wall at least 50 percent underground (below finished grade).

Biomedical waste transfer and disposal facility means a facility engineered and designed for the collection or transfer of biomedical waste products, such as used gauze, syringes, needles, bandages, test tubes and surgical wastes, from a collector vehicle to a larger transport vehicle to another destination for incineration or disposal.

Board of zoning appeals means the board of zoning appeals of the county, as set forth in article II, division 3, of this chapter.

Boardinghouse means a building or house, or portion thereof, where persons reside and meals are provided to persons, who are not members of the operator's family, for compensation.

Buffer. A buffer serves as a visual or physical barrier which is created by the use of planted or natural existing materials alone or in combination with berms, decorative fencing or walls.

Buffer area means an area set aside to give additional setback from adjacent structures or types of land use or to preserve open, undisturbed space and may include a restrictive covenant in favor of the county for conservation uses.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals or property of any kind.

Building height (height of a non-residential structure or building) means the vertical distance from the curb level, or its equivalent, to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof.

Building height (height of a residential structure or building) means the vertical distance from the mean ground front elevation to the mean level of the highest roof structure. Note: Also see Cobb County Code section 18-27(e) for additional requirements that may affect building height.

Building line means the perimeter of that portion of the building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. For the purposes of this chapter, the foundation wall of a building, excluding brick, stucco, stone, or other siding material, shall constitute the perimeter as described in this definition, except that cantilevered portions of a building, excluding roof eaves and overhangs, chimneys, bay windows and the brick, stucco, stone or other siding material applied thereon, must be within a building line established in this chapter.

Business vehicle means a vehicle used as commercial transportation with a manufacturer's gross vehicle weight of less than 12,500 pounds as shown on the door of said vehicle, or on the tag receipt. If said vehicle has been modified such as a limo or tow truck, proof of modified gross vehicle weight must be provided.

Carwash means a building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower, automated or mechanized washers or a handheld steam cleaning device.

Cellar means a portion of a building partly underground which has less than one-half of its height, measured from finished floor to finished ceiling, above the average grade of the adjoining ground. A cellar shall not be deemed a story.

Christmas tree sales means retail sales of Christmas trees between Thanksgiving and December 26.

Church means a place where persons regularly assemble for religious worship.

Circus and carnival mean provision of games, eating and drinking facilities, live entertainment, animal exhibitions or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

Clinic. A medical or dental clinic is an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall include laboratory facilities in conjunction with normal clinic services.

Club or lodge, private means a building and facilities owned or operated by a corporation, association or person for a social, educational or recreational purpose, but not primarily for profit; provided however, a building or facilities constructed as part of the amenity package for a subdivision does not fall within this definition. While a permitted use in most residential zoning districts, a club or lodge, private shall not be allowed within a platted subdivision or to render a service which is customarily carried on as a business and shall not include amenity packages and areas of subdivisions.

Clubhouse means a structure providing ancillary uses and sales, such structure to be in proportion to the overall golf facilities, not exceeding 1,600 square feet, with annual gross revenue from golf ball rental exceeding annual gross revenue from ancillary sales. The owner or operator shall maintain accurate accounting records which shall be available for inspection by county officials.

Commercial filming, limited means commercial motion picture or video photography at the same location six or fewer consecutive days per quarter of a calendar year in residential districts or fewer than 15 days per quarter of a calendar year in nonresidential districts.

Commercial indoor recreation uses means indoor recreational uses such as bowling alleys, driving ranges, batting cages, shooting ranges and the like.

Commercial outdoor recreation uses means outdoor recreation uses such as baseball and softball batting cages, shooting ranges, miniature golf, putt-putt golf and the like.

Commercial recreation restaurant means any establishment which provides as a principal use the combination of family-oriented recreation and on-premises dining where neither the recreation nor the on-premises dining is clearly accessory or incidental to the operation of the other. For the purpose of this definition, recreation may include but is not limited to:

(1)

Television and motion pictures;

(2)

Sound and sight systems;

(3)

Mechanically or electronically operated games;

(4)

Animated mechanical devices or rides; and

(5)

Live entertainment.

Commissioner means the commissioner of community affairs for the state.

Community activity center. The purpose of the community activity center (CAC) category is to provide for areas that can meet the immediate needs of several neighborhoods or communities. Typical land uses for these areas include low- to mid-rise office buildings and department stores.

Community center means a place, structure, area or other facility used for and providing religious, fraternal, social or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Community fair means a festival or fair such as the North Georgia State Fair conducted wholly within public areas owned by a local government, provided that any activity is conducted at least 200 feet from any property line. Any event shall not exceed 21 days.

Community retail uses means commonly found low scale and low intensity retail uses that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as the following: auto parts store, antique shop, appliance store (home use), bakery, barber shop or beauty shop, beverage shop, bookstore (but not including adult bookstores), bridal shop, camera shop, china and pottery store, clothing store, dance studio, martial arts, pet store and pet supply store, pilates, yoga and the like studio, delicatessen, dog grooming shop, draperies and interior decorating supplies, drug store, dry goods store, florist, furniture store, gifts and stationery store, gym and fitness facility, hardware store, jewelry store, manicurist shop, meat market or butcher shop, millinery store, mimeograph and letter shop, music store, novelty shop, paint store, pedicurist shop, shoe repair shop, shoe store, sporting goods store, supermarket or grocery, tailor shop, toy store, variety shop or video store.

Component means any assembly, subassembly or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical and fire protection systems and other systems affecting health and safety.

Comprehensive Plan means the Cobb County Comprehensive Land Use Plan: A Policy Guide, adopted November 27, 1990, the Cobb County 2030 Comprehensive Plan: Mapping Cobb's Future, adopted July 23, 2007, and minor amendments adopted by the board of commissioners through the yearly Comprehensive Plan amendment process. All references to various Comprehensive Plans in the zoning code are inclusive of the various iterations of the Comprehensive Plan.

Condominium means individual ownership of units in a multifamily structure, together with the joint ownership of common areas of the building and grounds.

Continuing care retirement community means a community designed for and occupied by those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time and those persons with disabilities as defined by the Americans With Disabilities Act as may be amended from time to time that provide a range of housing and lifestyle needs, including independent living, assisted living, and skilled nursing care in an integrated system. CCRC residents are provided housing, services, healthful activities and care through the continuing care contract. The contract sets forth the accommodations, services, amenities and care the facility is to provide, and the financial obligations of the residents. The contract must allow for movement between the lifestyle choices (levels of support) as the individual resident's needs evolve (providing the resident meets contract obligations).

Convenience food store with self-service fuel sales means any retail establishment offering for sale automotive fuels, prepackaged food products, prepared foods, beverages, household items and other goods commonly associated with such establishments.

Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under the provisions of what is commonly called the State of Georgia First Offender Act.

Cultural facility, private means a private building or facility such as art galleries, museums, legitimate theaters (other than motion picture or video theaters), libraries and other uses similar in character to such uses.

Customary home occupation means those occupations, which are customarily performed in a small area of a residence due to the low intensity nature of such uses, subject to the following requirements:

(1)

There shall be no exterior evidence of the home occupation, including but not limited to any type of identifying signs.

(2)

No article, product or service used or sold in connection with such activity shall be other than those normally found on the premises.

(3)

No mechanical equipment shall be used for such occupation except such equipment as is customary for purely household and hobby purposes.

(4)

Such use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be employed in such occupation.

(5)

No more than 25 percent of the dwelling unit may be used for the operation.

(6)

No materials, equipment or business vehicles may be stored or parked on the premises except that one business vehicle, used exclusively by the resident may be parked in a carport, garage, or rear or side yard. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business of home occupation.

(7)

There shall be no deliveries of supplies for use in the home occupation or pickups of the items produced by the occupant by commercial carrier.

(8)

No clients or customers are allowed on the premises, except for individual instruction, such as tutoring, musical lessons and the like, for the purpose of supplementing an income.

Deck means a roofless accessory attached or detached platform without exterior walls, generally constructed of wood, which adjoins a residence. Rails or safety features shall not be deemed to be exterior walls.

Designated recycling collection location means metal or heavy duty plastic containers, bins or dumpsters designed for shortterm holding of pre-bagged recyclable items such as tin, aluminum, glass and paper (no perishable or food items allowed) for scheduled minimum monthly pickup, with no on-premises sorting. The center must be maintained in a safe, clean, neat and sanitary fashion and shall not encompass an area larger than 280 square feet.

(1)

Such location shall be visually screened and maintained.

(2)

Such location shall be within the building setbacks unless otherwise approved by the division manager of zoning or his designee due to topography, safety, internal traffic flow, site distance or for other site-related circumstances not created by the property owner.

Distance and measurement. Distance from the proposed premises of an adult entertainment establishment shall be the measurement in lineal feet from the center of any door of customer entry of the proposed premises of the adult entertainment establishment to the nearest property line of any church, library, school, college, public park, residence or hospital. If the establishment is not on ground level, then the beginning point for measuring the distance shall be the point at ground level determined by measuring from the center of any door of customer entry perpendicular to the ground level. A radius shall be measured from the center of any door of customer entry of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

Donation drop boxes means any enclosed container or receptacle made of metal, steel, or a similar durable material and designed or intended for the donation and temporary storage of clothing or other materials.

Drive-in establishment means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.

Driving range (outdoor) means a tract of land as an accessory use dedicated to driving of golf balls off tees into a designated landing area. See section 134-209 for regulations, except where the driving range is internal to the golf course. An additional five acres shall be required where the driving range is internal to the golf course. Buffering and netting shall not be required when range is internal. An outdoor driving range is a principal permitted use in the RDR district. All other restrictions as specified for the RDR district shall be followed.

DUA means dwelling units per acre.

Eating and drinking establishment means any public place, including establishments referred to as a "sports bar," kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly prepared and served, without sleeping accommodations, such place seating a minimum of 20 or more people, and holding a certificate of approval from the county health department. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations, and periods of redecorating; and the serving of such meals shall be the principal business conducted; with the serving of distilled spirits to be consumed on the premises as only incidental thereto. A restaurant shall have 50 percent or more of its total annual gross sales of food and alcoholic beverage from the sale of prepared meals or food. Brewpubs as defined by the Georgia Department of Revenue are also allowed under the definition of eating and drinking establishments.

Executive golf course means a tract of land not less than 65 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public or for private club use. The par shall not be less than 58 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 4,000 yards from the men's tees as governed by the United States Golf Association.

Family means two or more persons related by blood, legal adoption, or marriage, occupying a dwelling. Related means persons are all related to each other within the fourth degree, as defined in O.C.G.A. § 53-2-1, which includes parents, children, grandparents, grandchildren, brothers and sisters. State of Georgia authorized foster children of a family member shall also be deemed a member of the family for this purpose. A child or children and any parent(s) and/or guardian(s) of that child or children shall also be considered a family.

Farm and garden supply stores means a business that sells farming and gardening supplies as a primary use. This use shall also include businesses that sell bulk landscaping materials to the general public such as, but not limited to rock, dirt, mulch, straw, pine straw, sand, plants, trees, shrubs, stones, and the like. Bulk landscape material businesses shall have an approved outdoor display of merchandise permit from community development at all times.

Flea market means any business whereby there is operated a center for shopping among collected flea market vendors marketing merchandise and/or services to the public from booths, stalls, tables, benches, individual rooms or display areas, and similar display and marketing configurations and arrangements for the sale of merchandise and/or services. Flea markets shall not include shopping centers or regional shopping centers as defined section 134-1, antique stores, jewelry stores, coin shops, salvage operations, clothing stores or special sales events as accessory uses not to exceed 14 days, or other businesses of merchandise in common with flea markets where the vendor therein is not operating among a collection of vendors or renting or securing individual space within an overall operation.

Floodplain means that area subject to a one percent or greater chance of flooding in any given year or as may be defined from time to time by the Federal Emergency Management Agency (FEMA) and its successors.

Floor area means the gross horizontal area of the several floors of a building, exclusive of garages, basements, open porches and equipment and service areas, measured from the exterior face of the exterior walls of a building. When determining floor area or floor area ratio for self-service storage facilities, the gross horizontal area of the several floors of a building shall include garages, basements, open porches and equipment and service areas, measured from the exterior face of the exterior walls of a building.

Floor area ratio is a mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located, as follows:

Floor Area / Lot Area = Floor Area Ratio

Floorspace (net) means the actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms, deadspace and closets.

Fraternity or sorority house means a dwelling maintained exclusively for members affiliated with an academic or professional college or university, or other recognized institution of higher learning.

Freestanding climate controlled self-service storage facilities means climate controlled self-service storage facilities that are not complementary or accessory to an office park or building but rather on a separate, individual parcel.

Frontage, lot means the distance for which the front property line of the lot and the street line are coincident.

Funeral home means a building or facility utilized for preparations and ceremonies for deceased persons prior to burial or cremation. All funeral homes must comply with state regulations in O.C.G.A. § 43-18 as well as the rules promulgated by the Georgia State Board of Funeral Service, 250-6-.06, as may be amended from time to time. A funeral home may have an accessory crematory within the main building in compliance with manufacturer's instructions and any state or federal laws.

Future right-of-way. The distance required by the thoroughfare plan shall be as follows:

(1)

Arterial streets: 100-foot right-of-way width.

(2)

Major collector streets: 80-foot right-of-way width.

(3)

Minor collector streets: 60-foot right-of-way width.

The thoroughfare plan is deemed and considered to be that plan designated "Thoroughfare Plan," prepared under the direction of the department of transportation, as amended from time to time.

Garage means a structure or any portion thereof in which one or more automobiles are housed, kept or repaired, not including exhibition or showrooms, or storage of cars for sale.

Grade means an average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Green roof means a roof on a building or residence that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane including additional layers to accommodate drainage and irrigation or as may be further defined in accordance with industry accepted standards.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater.

Group home means a dwelling unit, operated by an affiliate of a national, regional, state or county organization with a philanthropic mission, shared by four or fewer persons, excluding resident staff, who live together as a single housekeeping unit and in a long term, family-like environment in which staff persons provide care, education and participation in community activities, under a structured and scheduled plan that must be provided to the county, for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential under the direction and guidance of a designated managing caregiver, designated as such by the affiliate organization, who must be a resident of the group home and available by telephone on a 24-hour basis in case of complaints. A copy of the home rules shall be provided to the county as well as (if applicable) evidence of active enforcement under the Georgia Association of Recovery Residence standards. The schedule of activities may be verified via periodic inspection by community development staff. The term "group home" shall not include a halfway house, a treatment center for alcoholism or drug abuse, a work release facility for convicts or ex-convicts, a home for the detention and/or rehabilitation of juveniles adjudged delinquent or unruly and placed in the custody of the state, or other housing facilities serving as an alternative to incarceration. The term "group home" shall also not allow the use of a dwelling as an apartment or duplex. A group home shall not allow use of the dwelling as a home for individuals on parole, probation, or convicted and released from incarceration, for any crimes including child molestation, aggravated child molestation, or child sexual abuse, as defined in O.C.G.A. § 16-6-4 or individuals required to register as sex offenders pursuant to O.C.G.A. § 42-1-12. A group home may include a home for the disabled. As used in this subsection, the term "disabled" shall mean:

(1)

Having a physical or mental impairment that substantially limits one or more of such person's major life activities;

(2)

Having a record of having such an impairment; or

(3)

Being regarded as having such an impairment.

However, "disabled" shall not include persons who currently use illegal controlled substances, persons who have been convicted of the illegal manufacture or distribution of controlled substances, sex offenders, and juvenile offenders or persons with or without disabilities who present a direct threat to the persons or property of others.

Halfway house shall mean any dwelling used as a residence by individuals on parole, probation, or serving a criminal sentence on condition of house arrest, for the purpose of rehabilitation of the individual while transitioning back into the community.

Halfway houses shall not be located within 1,000 feet of any child care facility, private or public school, church, school bus stop, public or private playground and parks or swimming pools, or other areas where minors congregate as defined in O.C.G.A. § 42-1-12(a)(3).

Halfway houses are not allowed in any residential zoning districts, (including any RM districts, SC, UC or RSL districts) except by a special land use permit (SLUP) granted by the board of commissioners. Halfway houses are not allowed in mixed use districts, (including UVC and PVC) except by a special land use permit (SLUP) granted by the board of commissioners. Applications for special land use permits for halfway houses shall comply with the provisions of O.C.G.A. § 36-66-4(f).

Heavy manufacturing establishment means manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with antipollution standards established by the state and county.

Home occupation. See Customary home occupation .

Hospital means a building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel means a building in which lodging, or board and lodging, are provided for at least 15 transient guests, and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Hotels (suite) means any hotel in which more than five percent of the units are rented in excess of 30 days to the same person or party and any hotel in which more than five percent of the units include kitchenettes or kitchen facilities within the suite. All hotels (suite) must apply for a special land use permit as provided in section 134-37. For the purpose of this section kitchenettes or kitchen facilities are defined as a kitchen sink, a stove/cook top and a refrigerator.

Impervious surface means a permanent improvement affixed to the earth which does not allow water or liquid to pass through it or permeate into the earth. For the purposes of this chapter, impervious surface shall include structures (principal and accessory), parking lots, driveways, walkways, non wooden pool decks and the like.

In-home day care means child care provided within single-family districts subject to the following limitations:

(1)

There shall be a maximum of six children for whom compensation is received;

(2)

For purpose of this definition only, children who are related by direct blood kin or adoption to the child care provider shall not be included in the calculation of the six-child limitation;

(3)

The child care shall not create a nuisance to immediately adjacent property owners;

(4)

Off-street parking must provided for child pickup and dropoff; and

(5)

There shall be no employees.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to or destruction thereof.

Installation means the assembly of an industrialized building on site and the process of affixing the industrialized building, component or system to land, a foundation, footings or an existing building.

Landfill, private means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of the operating day.

Landing area means an area located in front of the tee box required by this chapter to be designated and designed as a location for golf balls hit from permitted tees to travel and land safely.

Landscape feature means any structure designed to enhance the aesthetic value of the exterior horticultural landscape such as a gazebo, statue, arbor or the like. Landscape feature also means any small body of water designed to enhance the aesthetic value of the exterior horticultural landscape such as a fountain, pond (which may house domestic or recreational fish, excluding livestock, nondomestic and wild animals and poultry), waterfall and the like.

License review board means the board established under section 6-90.

Light automotive repair establishment means an indoor repair establishment (no outside storage) with fully enclosed service bay(s) with operable door(s) for performing light auto and small truck repair and maintenance within the enclosed service bay(s) (under one ton) such as brakes, oil changes, lubrication, transmission, belts, hoses, inspections, tire mounting and installation and the like. Light automotive repair establishments adjacent to residentially zoned properties shall be required to incorporate noise abatement measures such as, but not limited to, landscaping, fencing, portable noise screen, or other equally effective industry accepted alternative. This amendment shall become effective July 1, 2013. Activities such as battery replacement, light bulb changes, wiper blade replacement, "check engine light" diagnostics, or other minor things done complimentary and the like may be outside of a retail automotive parts store with non-powered hand tools.

Light manufacturing establishment means an establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious noise, odor or fumes, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed in this chapter shall not be permitted. Additionally, the assembly of items commonly sold on a retail basis such as picture frames, sunglasses, jewelry and the like shall not be considered a light manufacturing activity/establishment.

Live entertainment means music, comedy, readings, dancing, acting or other entertainment, excluding adult entertainment, performed on the site. This classification includes dancing by patrons to live or recorded music.

Livestock, nondomestic and wild animals, and poultry means animals, nondomestic and wild animals, and species of the avian family which are or may be raised for the purpose of providing food or transportation, or being resold or bred, excluding only dogs, cats, rabbits, fish, pet mice, hamsters, gerbils, parrots and parakeets. This definition shall also include and allow for "barns" as defined in this section and distinguished from a "stable" as defined in this section.

(1)

Such animals shall only be permitted on a lot containing not less than two acres.

(2)

All buildings used for animals shall be set back not less than 100 feet from any property line.

(3)

All animals shall be maintained at least ten feet from any residential property line.

(4)

Except in the RR district, there shall be not less than 5,000 square feet of fenced lot area not covered by the principal structure for each animal, unless the property is a bona fide farm.

(5)

These rules are effective with respect to new construction, not existing uses.

Lot means a parcel of land, whether or not platted, in single ownership, and not divided by a street.

Lot, corner means a lot fronting on two streets at their intersection. When the frontage of one street exceeds the frontage of the other, the one with the least frontage shall be deemed the front of the lot.

Lot coverage means the percentage of a lot which may be covered with permitted or accessory buildings or structures, excluding walks, drives and other similar uses, and recreational facilities which are accessory to a permitted use.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot of record means a lot which is part of an approved subdivision, a plat of which has been recorded in the office of the clerk of the superior court of the county.

Lot width means the distance between the side lot lines measured along the front building line of the lot as determined by the prescribed front yard requirement.

Maintained natural buffer means a designated area that may be enhanced with plantings ecologically compatible to the area, which may not be clear cut, mowed or otherwise disturbed. Only dead, dying, diseased or invasive vines or plants may be removed from the buffer. No storage, or structures, or other non-growing items may be placed in the buffer. Invisible fencing, i.e., electronic underground fencing for containment of animals, is acceptable within the buffer when on individual residential lots.

Manufacture means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semifinished materials.

Manufactured home.

(1)

Class I manufactured home means a single-family dwelling unit that is constructed in accordance with the Federal Manufactured Home Construction and Safety Standards and bears an insignia issued by the U.S. Department of Housing and Urban Development (HUD), or one, if constructed prior to applicability of such standards and insignia requirements, that was constructed in conformity with the state standards in effect on the date of manufacture.

(2)

Class II manufactured home means a unit meeting the requirements of a manufactured home class I and, in addition, bearing an insignia of the Southern Standard Building Code Congress International (SSBCCI) of Birmingham, Alabama.

Mining means a process involving the removal or extraction of dirt, sand, soil, rock, gravel, minerals, petroleum, natural gas or other natural resources.

Minor means any person who has not attained the age of 21 years.

Mobile food vendor shall mean a retail food establishment that is readily moveable, is a motorized wheeled vehicle, or is a towed wheeled vehicle and that is designed and equipped to prepare and serve food as defined by state law and in accordance with the rules and regulations for food service of the Cobb County Board of Health ("BOH").

Mobile home means a detached, single-family dwelling designed for longterm occupancy, designed to be transported on its own wheels, arriving at the site as a complete dwelling unit, usually including major appliances and furniture, and ready for occupancy. Removal of the wheels and placement on a foundation does not change its classification. A travel trailer is not a mobile home.

Mobile home park means a parcel of land which has been planned and improved for the placement of mobile homes for nontransient use.

Modular building means a factory-manufactured single-family dwelling which is constructed in one or more sections and complies with the definition of an industrialized building.

Modular home means a factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes.

Motel means a building in which lodging, or board and lodging, are provided for transient guests and offered to the motoring public for compensation, in which ingress and egress to and from all rooms are made primarily direct from an exterior walkway rather than from an inside lobby. Kitchenettes or kitchen facilities are prohibited.

Multifamily dwelling unit. A multifamily dwelling unit consists of one or more rooms which are arranged, designed or used as living quarters for related and unrelated persons.

Neighborhood activity center. The purpose of the neighborhood activity center (NAC) category is to provide for areas that serve neighborhood residents and businesses. Typical land uses for these areas include small offices, limited retail uses and grocery stores.

Neighborhood retail uses means commonly found low scale and low intensity retail uses (with square footages in accordance with the use limitations established within the individual zoning districts of this chapter) that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as, but not limited to, an auto parts store, antique shop, appliance store (home use), bakery, barbershop or beauty shop, beverage shop, bookstore (but not including adult bookstore), bridal shop, camera shop, china and pottery store, clothing store, dance studio, martial arts, pilates, yoga and the like studio, delicatessen, dog grooming shop, draperies and interior decorating supplies, drugstore, hardware store, dry goods store, florist, furniture store, gifts and stationery store, gym and fitness facility, jewelry store, manicurist shop, meat market or butcher shop, millinery store, mimeograph and letter shop, music store, novelty shop, paint store, pedicurist shop, pet store and pet supply store, shoe repair shop, shoe store, sporting goods store, supermarket or grocery, tailor shop, toy store, variety shop or video store.

Nightclub means an establishment which operates with its primary income generation from the sales of alcoholic beverages, and which may offer live entertainment.

Nonautomotive repair uses means commonly found low intensity repair shops, such as, but not limited to, shops for repair of jewelry, cameras, home appliances, televisions and videocassette recorders.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived or the time of passage of an amendment to this chapter, which does not conform after the passage of such ordinance or amendment with the regulations of the district in which it is situated. Existing improvements which do not meet required parking and loading regulations, height regulations, area regulations and residential floor area regulations for the district in which they are located are not nonconforming uses as defined in this subsection.

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

Office service and supply establishment means wholesale and retail commercial establishments that sell, service and supply small office equipment and supplies, such as, but not limited to, stores that offer sales of copiers, facsimile machines, typewriters, ribbons, transcribers, dictation equipment, tape, staplers and other general office equipment.

Open space means any front, side or rear yards, courts or usable open space provided about a building in order to meet the requirements of this chapter.

Other consumer goods and services means businesses which cater to consumers, providing goods and services such as the following: awning shops and sales, burglar alarm systems, clothing (secondhand), exhibition houses, furniture, home furnishings, equipment and appliances (secondhand), glass, mirrors, lawn mowers and small motors, precious metal and/or gem buying as a primary use, tattoo and body piercing shops, trading stamp redemption centers, thrift store, psychic reading and fortune telling, and the like.

Other places of worship means locations such as a monastery, convent, novitiate, parish house, parsonage, rectory or manse.

Other service establishments means businesses or locations catering to specialty services, such as an auction house or store, cabinetmaker, caterer, delivery and express service, driving school (private), fur repair and storage, gunsmith shop, locksmith shop, safe and vault repair, scientific instrument repair, taxidermist, tool sharpener and the like.

Pain clinic and pain management clinic means any clinic, medical practitioner's office or pharmacy that is not affiliated with a hospital, hospice or other facility for treatment of the terminally ill in Cobb County, Georgia, and that also advertises in any medium for any type of pain management services. The primary business purpose of such pain clinics and pain management clinic is to prescribe and/or dispense prescription pain medication and controlled substances to individuals for the treatment of chronic nonmalignant pain.

Par 3 golf course means a tract of land not less than 40 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public or for private club use. The par shall not be less than 27 for nine holes or 54 for 18 holes from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 1,750 yards or greater than 3,500 yards.

Park means any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Parking for vehicles means to provide a location for on-site parking of automobiles and trucks with a manufacturer's gross vehicle weight of less than 12,500 pounds as shown on the door of said vehicle, or on the tag receipt. This restriction shall not apply to vehicles parked on church property which are operated exclusively for church use, or to recreational vehicles.

Parking space means an area which has for its exclusive purpose the parking of a vehicle. (See section 134-272.)

Personal property sales means sales of personal property such as estate sales, yard sales, bakery sales, garage sales, bazaars and the like, three weekends per calendar year, not to exceed three days per sale.

Personal vehicle and equipment sales means the sale, offer to sell, or marketing for sale of any vehicle, motor vehicle, trailer, tractor, special mobile equipment, camper, motor home, motorcycle, moped, recreational vehicle, off-road vehicle, or boat where such sale, offer to sell, or marketing for sale occurs on property whose principal use is not for the sale of vehicles and equipment. No more than three personal vehicle and equipment sales shall be allowed per calendar year on any one parcel of property.

Planned development means a tract of land developed initially under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas. Such development shall be based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Planning commission means the county planning commission as set forth in section 134-61 et seq.

Poultry means a female pullet or hen of the Gallus gallus domesticus; also referred to as backyard chickens may be raised for the purpose of providing food or companionship as a pet.

Principal use means the primary use and chief purpose of a lot or structure.

Private golf course means a tract of land not less than 115 acres in size dedicated for playing the game of golf, which is open to the private club's membership and their guests and special events. The par shall not be less than 68 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 5,500 yards from the men's tees as governed by the United States Golf Association.

Private park means an improved area and accessory facilities designed and intended for the playing of a game(s) or other recreational activity/activities similar to a public park, but owned privately. Private parks may charge membership or participation fees without being considered a commercial use for the purposes of this code section. A private park may include uses such as, but not limited to, playgrounds, soccer, baseball, softball, lacrosse, football, basketball, swimming, picnicking, hiking, community gardens, day classes, non-profit concession stands, and the sale of items incidental to the use of the park.

Pro shop means an ancillary structure or area provided for sale or supply of equipment associated with the primary permitted or accessory use.

Professional office means a structure wherein services are performed involving predominately administrative, professional or clerical operations such as the following: law, doctor, optician, audiologist, accounting, tax preparation, real estate, stockbroker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political or campaign, veterinarian, travel bureau, chiropractors, state licensed massage therapists, physical therapists, tutoring and music lessons, and the like.

Public golf course and semipublic golf course mean a tract of land not less than 125 acres in size dedicated for playing an 18-hole game of golf, which is open to the general public for play. The par shall not be less than 70 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 6,000 yards from the men's tees as governed by the United States Golf Association.

Rear of the principal building shall be that point where the main portion of the building ends, without consideration of wings or annexes which are not parallel to the main portion of the building.

Recreational grounds means an outside area designed and equipped for the conduct of sports and leisure time activities, other than tennis courts or golf courses, which includes but is not limited to baseball, softball, soccer, football, and lacrosse.

Recycling center means a center or location designed for sorting or collection of recyclables from designated recycling collection locations and other private entity sources.

Redevelopment. For the purposes of this chapter, a property shall be deemed as a redevelopment when one of the following thresholds is exceeded:

(1)

When an existing building is totally demolished, and a new building or structure is proposed.

(2)

When a proposed building addition adds 15 percent more building square footage to an existing building. Building additions shall be cumulatively calculated over time, and shall be based on gross building square footage.

(3)

When a land disturbance permit is obtained disturbing more than 25 percent of the property.

Routine maintenance shall not be considered redevelopment. Routine maintenance shall include reroofing, painting, repairing damaged structural components, sealing and striping a parking lot, window/door changes, facade renovation, signage change, and the like.

Regional activity center. The purpose of the regional activity center (RAC) category is to provide for areas that can support a high intensity of development. Typical land uses in these areas include high-rise office buildings and regional malls.

Regional shopping center means a group of commercial enterprises offering a range of commercial goods and services in an aggregate of 500,000 square feet or more of net floor area which:

(1)

Are designed as a single commercial group, whether or not located on the same lot;

(2)

Are under one common ownership or management, or have one common arrangement for the maintenance of the grounds;

(3)

Are connected by party walls, partitions, covered canopies or other structural members to form one continuous structure with commercial uses with entrances that may lead to an interior corridor versus directly to the parking area;

(4)

Share a common parking area; and

(5)

Otherwise present the appearance of one continuous commercial area.

Regulation public nine-hole golf course means a tract of land not less than 65 acres in size dedicated for playing a nine-hole game of golf, which is open to general public use. The par shall not be less than 34 from the men's tees as governed by the United States Golf Association. Further, the golf course shall not measure less than 3,000 yards from the men's tees as governed by the United States Golf Association.

Religious assembly means religious services conducted on a site that is not permanently occupied by a religious assembly use, for a period of not more than 30 days.

Residence means a house, apartment, mobile home, boardinghouse or roominghouse, duplex or other multifamily housing for human dwelling, or any property zoned therefor.

Residence hall means a house, apartment, boardinghouse or roominghouse, or other multifamily housing for human dwelling.

Rest home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Retail sales, outdoor means retail sales of new merchandise on the site of a legally established retail business which has a direct relationship to existing businesses.

Riding stable means a property where the owners of the property may own, board and maintain equestrian livestock and allow for a resident trainer on site.

(1)

A riding stable may allow for lessons to be conducted on site subject to proper licensure and insurance as required by applicable county and state regulations.

a.

Such stable shall be established on a lot having an area of not less than two acres.

b.

Any structure shall be located at least 100 feet from any property line.

c.

All animals shall be maintained at least ten feet from any property line.

(2)

A riding stable may also conduct livestock clinics, shows or competitions provided:

a.

Such stable shall be established on a lot having an area of not less than five acres.

b.

Any structure shall be located at least 100 feet from any property line.

c.

All animals shall be maintained at least ten feet from any property line.

Right-of-way means the real property owned and controlled by a governmental agency for maintaining public infrastructure, including streets, sidewalks, pathways, mass transit rail lines, freight and passenger railroad lines, drainage ditches and structures, shoulders, traffic control devices, and vegetative buffers. The width of the right-of-way outside the pavement of any given street or road can be determined by the county department of transportation.

Roominghouse means a building where lodging only is provided for compensation to three or more persons, but not exceeding 15 persons. A building which has accommodations for more than 15 persons shall be defined as a hotel.

School means state, county, city, church or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.

Self-service fuel sales means any retail establishment offering vehicle fuels for sale whereby individual consumers dispense the fuel product into their own vehicle's fuel tank. This use shall permit sales of other retail items including, but not limited to prepackaged food products, prepared foods, beverages, household items and other goods commonly purchased by individual consumers. This use shall not permit tractor trailer truck stops, stand-alone fleet refueling stations and the like.

Self-service storage facilities means a free-standing or accessory building (including those considered as climate-controlled) constructed to accommodate the limited storage of materials as further specified and restricted per this section. For the purposes of this section, any portion of a self-service storage facility that includes a basement as defined in this section shall be deemed a story.

Setback means the minimum required distance between the property line and the building line.

Shelter (homeless) means charitable, nonprofit, shortterm housing or room and board accommodations for poor, transient or needy individuals, which must meet the following minimum criteria:

(1)

Adequate showers and restroom facilities must be provided at the location to meet the needs of the overnight guests.

(2)

Beds must be provided for all overnight guests, excluding staff and volunteer workers.

(3)

No shelter shall be located closer than 500 feet to the nearest single-family residence.

(4)

Guests of the shelter shall be required to leave the shelter premises no later than 7:00 a.m.

(5)

All premises shall be maintained in a clean, safe and sanitary fashion.

(6)

Adequate provisions for transporting and parking guests shall be submitted to and approved by the division manager of zoning or his designee.

While not specifically a permitted use under all districts, a shelter may be located in a church facility which meets the minimum standards set out in this definition.

Shopping center means a group of neighborhood retail or community retail uses which:

(1)

Are designed as a single commercial group, whether or not located on the same lot;

(2)

Are under one common ownership or management, or have one common arrangement for the maintenance of the grounds;

(3)

Share a common parking area; and

(4)

Each retail establishment has an entrance leading directly to the parking area as distinguished from a regional shopping center which has a structure connected by party walls, partitions, covered canopies or other structural members to form one continuous structure with commercial uses with entrances that may lead to an interior corridor versus directly to the parking area.

Sign. See article VI of this chapter, section 134-311 et seq.

Single-family dwelling unit. A single-family dwelling unit consists of one or more rooms which are arranged, designed or used as living quarters for one family including up to one unrelated adult, or two or fewer unrelated adults and their children and/or grandchildren.

(1)

A single-family dwelling unit shall have an interior bathroom and complete kitchen facilities, permanently installed.

(2)

A single-family dwelling unit shall have at least 390 square feet of living building square footage (as determined and maintained in the records of the Cobb County Tax Assessor) per each adult occupant.

(3)

No more than one vehicle per 390 square feet of living building square footage may be parked regularly overnight on the property upon which the single-family dwelling unit exists. Of the total number of vehicles allowed per 390 square feet of living building square footage, there shall be a maximum of four or less (of the total) parked outside of a garage, carport or the like for properties zoned PRD, OSC, RA-5, R-15, R-20, and R-30. Of the total number of vehicles allowed per 390 square feet of living building square footage, there shall be a maximum of five or less (of the total) parked outside of a garage, carport or the like for properties zoned R-40, R-80, and RR. Other zoning districts used for single family dwelling units shall have no more than four vehicles parked outside. This includes vehicles parked within the right-of-way adjacent to a dwelling unit. "Regularly" means a majority of days in any seven-day period.

Exceptions to this definition may be considered as part of a land use permit processed in accordance with section 134-36.

Site (manufactured home only) means the entire tract, subdivision or parcel of land on which the industrialized building or manufactured home is installed.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.

Street fair means provision of games, eating and drinking facilities, live entertainment or similar activities not requiring the use of roofed structures.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, or dimension of the rooms therein.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but not limited to, tennis courts, fences, swimming pools and buildings.

Supervisor means the supervisor of the business license division of the county.

Swap meet, nonrecurring means retail sale or exchange of new, handcrafted or secondhand merchandise for a maximum period of 48 hours, conducted by a single sponsor no more than twice in any year.

System means structural, plumbing, mechanical, electrical or fire safety elements, materials or components used separately or combined for use in a building.

Tee means a singular area from which golf balls are to be hit toward the landing area.

Tee box means the collective area where all tees are to be located.

Temporary residential dumpster means a temporary storage container or bulk container having a capacity up to 40 cubic yards to be used at a single-family attached or detached residential property on temporary basis to accommodate demolition or construction materials.

Temporary uses means specialized and intermittent uses of property such as animal shows, Christmas tree sales, commercial filming (limited), live entertainment, mobile food vendors, personal property sales, religious assemblies, retail sales (outdoor), street fairs and swap meets (nonrecurring), not to exceed 30 days or the time period set forth in these definitions, whichever is lesser. Adequate off-street parking shall be provided for all such uses.

Tent means a temporary or permanent structure having a roof or walls of fabric.

Townhouse dwelling units (attached) means an attached house in a row or group, each house separated from adjoining houses in the same row or group by architectural style, changing of facade, or offsets, and by firewalls or fire separations. Ownership is in fee simple.

(1)

Townhouse dwelling units (attached) shall have an interior bathroom and complete kitchen facilities, permanently installed.

(2)

Townhouse dwelling units (attached) shall have at least 390 square feet of living building square footage (as determined and maintained in the records of the Cobb County Tax Assessor) per each adult occupant.

(3)

No more than one vehicle per 390 square feet of living building square footage may be parked regularly overnight on the property upon which the townhouse dwelling units (attached) exist. Of the total number of vehicles allowed per 390 square feet of living building square footage, there shall be a maximum of three or less (of the total) parked outside of a garage, carport or the like for properties in any FST zoning district. This includes vehicles parked within the right-of-way adjacent to a dwelling unit. "Regularly" means a majority of nights in any seven-day period.

Exceptions to this definition may be considered as part of a land use permit processed in accordance with section 134-36.

Trailer, camping means any portable structure or vehicle designed for highway travel which is used or intended to be used for temporary living, sleeping, cooking and/or eating purposes, which may include some and/or all of the following facilities: a flush water closet, a lavatory, a bath or shower, sleeping quarters, eating quarters and a kitchen. Portable structures or vehicles within this definition shall not be used as a dwelling unit except within a campground or recreational vehicle (RV) park. These portable structures or vehicles shall include travel trailers, folding campers, pop-up campers, fifth-wheel trailers, RVs, or any of the like.

Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing operation.

Variance means a modification of the literal provisions of this chapter which the board of zoning appeals or the board of commissioners are permitted to grant when strict enforcement of such provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

Veterinarian means a person licensed to practice medicine and/or surgery on animals. A veterinarian or other animal care provider may offer other uses relating to the care and well-being of animals, including animal daycare or boarding (indoor only), animal training and animal grooming.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachment and accessory buildings, structures, uses and decks are expressly permitted. When private roads are involved, the orientation and location of the building itself shall determine the front, back and side yards.

Yard, front means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street and the front setback line and projected to the side lines of the lot.

Yard, rear means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the rear line of the lot and the line representing the minimum rear yard requirements.

Yard, side means an open, unoccupied space on the same lot with a principal building, situated between the side line of the lot and the minimum required side yard and extending from the rear of the front yard to the front line of the rear yard.

Zoning administrator means the manager of the zoning division.

(Ord. of 12-26-72; Res. of 8-14-73, §§ 7, 8; Ord. of 11-8-77, § 1; Ord. of 1-7-81; Ord. of 8-5-81, § 4; Ord. of 7-7-82, §§ 1, 3; Ord. of 12-11-90, § 3-28-2.0; Ord. of 9-26-95; Ord. of 2-27-96; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 11-23-99; Ord. of 2-8-00; Ord. of 1-23-01; Ord. of 7-10-01; Ord. of 9-10-02; Ord. of 12-9-03; Ord. of 7-27-04; Ord. of 1-25-05; Ord. of 7-26-05; Ord. of 1-24-06; Ord. of 6-27-06; Ord. of 7-25-06; Ord. of 2-27-07; Ord. of 7-24-07; Ord. of 2-26-08; Ord. of 6-24-08; Amd. of 2-24-09; Ord. of 7-14-09; Amd. of 2-23-10; Amd. of 3-9-10; Ord. of 7-27-10; Ord. of 8-10-10; Amd. of 2-22-11; Ord. of 2-28-12; Ord. of 7-24-12; Amd. of 2-26-13; Ord. of 7-23-13; Amd. of 2-25-14; Amd. of 7-22-14; Amd. of 2-24-15; Amd. of 3-10-15; Amd. of 5-12-15; Amd. of 7-28-15; Amd. of 2-23-16; Amd. of 7-25-17; Amd. of 10-23-18)

Cross reference

Definitions generally, § 1-2.