§ 113-2. Definitions.
When used in this chapter, the following terms, words, and phrases shall have the meaning given in this article. Terms not herein defined shall have their customary dictionary definitions where not inconsistent with the context. The term "shall" is mandatory. When not inconsistent with the context, terms used in the singular number include the plural and those used in the plural number include the singular. Terms used in the present tense include the future.
Abutting means having property lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.
Accessory apartment, attached, means a second dwelling unit that is added to the structure of an existing site-built single-family dwelling, for use as a complete, independent living facility for a single household, with provision within the attached accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling.
Accessory apartment, detached, means a second dwelling unit that is added to an existing accessory structure (e.g., residential space above a detached garage), or as a new freestanding accessory building, for use as a complete, independent living facility for a single household, with provision within the attached accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the principal dwelling.
Accessory Apartment, Detached (Above Garage Shown)
Active recreation means equipment and areas prepared for active use for recreational and leisure purposes, including but not limited to:
(1)
Playground equipment (swing sets and climbing structures);
(2)
Courts for basketball, volleyball, and tennis; leveled, striped fields for football, soccer, or multiple purposes; community picnic pavilions (including covered facilities with grills and/or fire rings);
(3)
Community buildings for recreational events and golf courses, including clubhouses, developed areas and accessory uses.
Trails and bikeways through open spaces shall not be considered active recreational facilities.
Adaptive reuse means rehabilitation or renovation and occupancy of an existing building or structures for use other than the present use.
Agriculture means the cultivation or growth of a field or horticultural crop, including dairying, livestock and poultry raising, farm forestry, and other similar enterprises or uses.
Airport means any area of land, water or mechanical structure which is used for the landing and takeoff of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.
Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.
Alteration means any change in the supporting members of a building or structure such as bearing walls, columns, and girders, except such emergency change as may be required for safety purposes; any addition to a building; any change in use; or any movement of a building from one location to another.
Appeal means a request for a review an administrative official's interpretation of any provision of this chapter, or an action taken by an administrative official in the application or enforcement of this chapter.
Assisted living facility means residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services incidental to the above. For purposes of this chapter, assisted living facilities are considered institutionalized residential living and care facilities.
Automated teller machine means a mechanized consumer device that is operated by a customer and which performs banking and financial functions at a location remote from the controlling financial institution. An automated teller machine is an accessory use.
Automobile sales and service establishment means new and used car, truck, tractor, trailer, boat, recreational vehicle, camper, motorcycle, and other motorized vehicle sales, leasing, rental, and service, including mobile and manufactured home and modular building sales, and agricultural implement and equipment. This definition includes automotive services such as rental car facilities, top and body, paint, automotive glass, transmission, and tire repair shops, carwashes, including automated and staffed facilities, and oil change and lubrication facilities.
Basement means that portion of a building having its lowest floor subgrade (below ground level) on at least one side.
Bed and breakfast inn means a facility where overnight accommodations are provided to travelers for compensation, with or without a morning meal, and where the operators of the facility live on the premises.
Berm means an earthen mound or embankment, usually two to six feet in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes.
Best management practices (BMPs) means a wide range of stormwater management regulations, procedures, engineering designs, activities, prohibitions or practices which have been demonstrated to effectively control nonpoint source pollution encompassing the quality, quantity, and erosion and sediment control aspects of stormwater. Such practices could include but not be limited to: detention and retention ponds, sand filters, vegetative swales and buffers, installation of stream bank stabilization measures, and public education programs.
Board of zoning appeals means the body established by these regulations composed of or appointed by the mayor and council which has original jurisdiction to take action on appeals and variances as herein established.
Buffer means a general term referring to the retention of natural vegetation, and the enhancement where provided, of the natural vegetation, within a specifically defined area and for a specified purpose. The term "buffer" is further defined by type and purpose, as follows:
(1)
Stream buffer means an area required to be set aside by this zoning chapter for protection of riparian corridors.
(2)
Zoning buffer means a landscaped open space and/or screen of a width specified by section 113-182 for nonresidential zoning districts when abutting residential zoning districts, located between incompatible zoning districts and land uses, for the purpose of visibly separating zoning districts and land uses through distance, and to shield or block noise, light, glare, or visual or other nuisances. A zoning buffer is that portion of a given lot, not covered by buildings, pavement, parking, or access and service areas, the width of which is measured from the common property line and extending the developed portion of the common property line. A zoning buffer consists of trees, shrubs and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated and replanted if allowed to be disturbed for approved access and utility crossings. For purposes of this chapter, the natural buffer required abutting the State Highway 400 right-of-way as specified in section 113-182 shall be considered a zoning buffer.
Buildable area means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located.
Buildable Area
Building means any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind, including tents, awnings, or vehicles used for purposes of a building.
Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal buildings, accessory buildings, and accessory structures on the lot, not including steps, terraces, and uncovered porches.
Building, accessory, means a building subordinate to the main building on a lot and used for purposes incidental to the main or principal building and located on the same lot therewith.
Building, Accessory and Principal
Building, height of, means the vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. The term "grade" is defined as the average elevation of the ground on all sides of a building.
Building official means the chief building inspector of the City of Cumming, or authorized representative.
Building, principal, means a building in which is conducted the principal use of the lot on which said building is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the plot on which same is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which said structure is located.
Building setback line means a line establishing the minimum allowable distance between the main or front wall of a building or any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way. For purposes of this chapter, a required yard is equivalent to a required building setback line.
Carwash means the use of a site for washing and cleaning of passenger vehicles, other vehicles, or other light duty equipment. Carwashes consist of self-service, staffed, or mechanically automated facilities.
Centerline of street means that line surveyed and monumented by the mayor and council and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches or pavement ends of such street.
Certificate of occupancy means a legal statement or document issued by the building official indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.
Church means a building or structure, or groups of buildings or structures that by design and construction are primarily intended for conducting organized religious services. Associated accessory uses include, but are not limited to, when owned and operated by the church: schools, meeting halls, indoor and outdoor recreational facilities, day care, counseling, homeless shelters, and kitchens.
Circus means the temporary use of land offering entertainment and instruction in the form of such things as thrill rides, games of chance and skill, educational exhibits, display of oddities and the like. The term "circus" also includes carnivals and fairs.
City engineer means the engineer of the City of Cumming, or authorized representative.
Clinic means a building designed and used for the diagnosis and treatment of patients that does not include overnight care facilities.
Club or lodge , nonprofit, means a building or premises, used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.
Coffee kiosk means a retail food business in a freestanding building that sells coffee or other beverages and incidental food sales from a drive-through window to customers within their vehicles for consumption off the premises and that provides no indoor or outdoor seating. A coffee kiosk is a drive-through facility.
College or university means an educational use that provides training beyond and in addition to that training received in the 12th grade (i.e., undergraduate and graduate), and which has students regularly attending classes, and which confers associate, bachelor, master, or doctoral degrees.
Commercial recreational facility, indoor, means a use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, fully-enclosed theaters, physical fitness centers and health clubs.
Commercial recreational facility, outdoor, means a use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, racetracks for animals or motor-driven vehicles, unenclosed firearms shooting ranges and turkey shoots, trout ponds, equestrian centers and horse and pony riding rinks, botanical and zoological gardens, ultralight flight parks, and bungee jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility. A recreational vehicle park, as defined in this chapter, is not considered to be an outdoor commercial recreational facility.
Community recreation means a private recreational facility for use solely by the residents and guests of a particular residential development, including indoor facilities such as community meeting rooms and outdoor facilities such as swimming pools, tennis courts, and playgrounds. These facilities are usually proposed, planned, and provided in association with a development and are usually located within the boundaries of such development.
Compatibility means the characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled, and such environmental affects as noise, vibration, odor, glare, air pollution or radiation.
Comprehensive plan means those coordinated plans or portions thereof which have been prepared by or for the mayor and council for the physical development of the jurisdiction; or any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.
Conditional use means a use that would not be appropriate generally or without restriction throughout the particular zoning district and is not automatically permitted by right within a zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, may be found to be compatible and approved by the mayor and council within a particular zoning district as provided in certain instances by this chapter.
Conditional zoning means the granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density or actions stipulated by the mayor and council to mitigate adverse impacts that are anticipated without imposition of such conditions.
Condominium (residential building) means a building containing three or more individually owned dwelling units and related, jointly owned, common areas as defined by laws of the State of Georgia.
Conservation design for subdivisions means a Practical Guide to Creating Open Space Networks, Washington, DC, Island Press, page 72.
(1)
Slopes over 25 percent of at least 5,000 square feet contiguous area;
(2)
The 100-year floodplain;
(3)
Buffer zones of at least 75 feet in width along all perennial and intermittent streams;
(4)
Wetlands that meet the definition used by the U.S. Army Corps of Engineers pursuant to the Clean Water Act;
(5)
Populations of endangered or threatened species, or habitat for such species; and
(6)
Archaeological sites, cemeteries and burial grounds.
Conservation easement means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include:
(1)
Retaining or protecting natural, scenic, or open space values of real property;
(2)
Ensuring its availability for agricultural, forest, recreational, or open space use;
(3)
Protecting natural resources;
(4)
Maintaining or enhancing air or water quality; or
(5)
Preserving the historical, architectural, archeological, or cultural aspects of real property (O.C.G.A. § 44-10-1).
A legally enforceable agreement between a property owner and the holder of the easement, in a form acceptable to the mayor and council and recorded in the office of the Clerk of Superior Court of Forsyth County. A conservation easement restricts the existing and future use of the defined tract or lot to conservation use, agriculture, passive recreation, or other specifically permitted use and prohibits further subdivision or development.
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Conservation subdivision means a subdivision for detached, single-family, fee simple residences where open space is the central organizing element of the subdivision design and that identifies and permanently protects all primary and all or some of the secondary conservation areas within the boundaries of the subdivision. A conservation subdivision is not a use per se, but rather, a land planning technique that allows the clustering of uses in order to protect open spaces.
Source: Arendt, Randall G. 1996, Conservation Design for Subdivisions: A Practical Guide to Creating Open Space Networks, Washington, DC, Island Press, page 128.
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Construction field office means a manufactured home, travel trailer, truck trailer, and/or other structure used as an office in conjunction with a construction project. A construction field office is a temporary use.
Contractor's establishment means an establishment engaged in the provision of construction activities including but not limited to plumbing, electrical work, building, paving, carpentry and other such contracting activities, including the storage of materials and the overnight parking of commercial vehicles.
Conversion means any change in the original use or purpose of a building or lot to a different use.
Curbcut means a provision for vehicular ingress and/or egress between property and an abutting public street.
Day care center means any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State of Georgia as a group day care home or day care center, wherein pay is received for group supervision and care, for fewer than 24 hours per day, seven or more children under 18 years of age.
Deceleration lane means an added roadway lane, of a specified distance and which may include a taper, as approved by the city engineer, that permits vehicles to slow down and leave the main vehicle stream.
Density means the number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building per acre of land. For purposes of calculating the maximum density requirements of this chapter, the following shall not be included:
(1)
Slopes over 25 percent of at least 5,000 square feet contiguous area;
(2)
The 100-year floodplain;
(3)
Bodies of open water over 5,000 square feet contiguous area;
(4)
Wetlands that meet the definition of the U.S. Army Corps of Engineers pursuant to the Clean Water Act; or
(5)
Road rights-of-way and overhead utility easements.
Development means any manmade change to improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Developmentally disabled person means a person with a disability resulting in substantial functional limitations in such person's major life activities which disability is attributable to mental retardation, cerebral palsy, epilepsy, or autism or is attributable to any other condition related to mental retardation because such condition results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons.
District, zoning, means a geographical area or areas, designated with the use of symbols on the official zoning map, wherein uses of land are restricted in type, size, height and other limitations as established in these regulations.
Drive-through means a retail or service enterprise wherein service is provided or goods are sold to the customer within a motor vehicle and outside of a principal building.
Driving range means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar and pro shop. A driving range is an outdoor commercial recreation facility.
Dumpster means a container designed to hold refuse that has a hooking connection that permits it to be raised and dumped into a sanitation truck for disposal.
Dwelling means a building, other than a manufactured home, mobile home, or house trailer, designed, arranged or used for permanent living, and/or sleeping quarters.
(1)
Dwelling unit means a building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.
(2)
Dwelling, multifamily, means a building designed for or occupied exclusively by three or more families with separate housekeeping facilities for each family.
(3)
Dwelling, single-family detached, fee-simple, means a building designed or arranged to be occupied by one family only and where each dwelling is located on its own lot in fee-simple title.
Dwelling, Single-Family Detached
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(4)
Dwelling, two-family (duplex), means a building designed or arranged to be occupied by two families living independently of each other.
On One Lot
Easement means a nonpossessory interest in land; a grant by a property owner for the use by the public, a corporation or persons, of a portion of land for a specified purpose or purposes.
Family means an individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than six unrelated persons, occupying a single dwelling unit and using the same cooking facilities; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. Any group which is licensed by the State of Georgia, or any political subdivision thereof, which contains up to six developmentally disabled persons and up to two supervisors or surrogate parents residing on the premises at one time shall constitute a family.
Family day care home means a private residence in which a business is operated by any person who receives therein (for pay) for supervision and care for fewer than 24 hours per day, three to not more than six children under 18 years of age who are not residents in the same private residence. For purposes of this chapter, a family day care home may be operated as a home occupation, subject to the requirements of this chapter.
Farm means an area of land principally devoted to agriculture.
Fee simple means the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.
Fence means an enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth.
Fence, solid, means a fence, including entrance and exit gates, where access openings appear, through which no visual images can be seen.
Finance, insurance, and real estate establishment. Such uses include, but are not limited to, banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies.
Flea market means the use of land, structures or buildings for the sale of produce or goods, usually second or cut-rate. A flea market is considered an open air business.
Floodplain, administrative, means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan.
Floor means the top surface of an enclosed area in a building, including basement (i.e., top of slab in concrete slab construction or top of wood flooring in wood-frame construction). The term "floor" does not include the floor of a garage used solely for parking vehicles.
Floor area means the sum of all square footages (areas) of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two buildings. The following areas are excluded from the measurement of floor area: unfinished attics, attached garages or spaces used for off-street parking and loading, breezeways, and enclosed or unenclosed decks and porches.
Floor area ratio means the floor area of a building or buildings on a lot divided by the area of the lot.
Floor Area Ratio
Funeral home means a building used for human funeral services. Such building contains a chapel and may include space and facilities for embalming and the performance of other services used in the preparation of the dead for burial or cremation, the performance of autopsies and other surgical procedures, the indoor storage of caskets, funeral urns, and other related funeral supplies, and the indoor storage of funeral vehicles.
Garage means an accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use.
Glare means a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.
Golf course means a tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse and shelters as accessory uses. A golf course is not considered an outdoor commercial recreation facility.
Grade means the average of the finished ground levels at the center of all walls of a building.
Greenhouse means a building designed or used for growing or propagating plants, with walls or roof usually designed to transmit light. The term "greenhouse" shall not be construed to include commercial horticultural activities.
Guesthouse means a lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
Health spa means an establishment for profit or gain that provides services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, treatment, dieting, or exercise. The term "health spa" includes an establishment designated as reducing salons, exercise gyms, health studios, health clubs, and other terms of similar import. Not included within the definition of the term "health spa" are facilities engaged in massage activity other than by a certified massage therapist (i.e., a graduate of an accredited massage therapy school or a member of a professional massage therapy association). Also not included in the term "health spa" are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.
Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and take off of helicopters, and including auxiliary facilities, such as, parking, waiting room, fueling, and maintenance equipment.
Helistop means a heliport, but without auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment.
Home occupation means any use, occupation or activity conducted entirely within the dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof.
Hospital means an institution licensed by the state and providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and including as an integral part of the institution, such related facilities as laboratories, outpatient facilities, or training facilities.
Household pet means an animal which is customarily kept for company or pleasure within a home or yard which is not exhibited to the public, nor raised for commercial purposes. The term "household pet" includes domestic canines, felines, tropical birds, fish, rabbits, rodents, and other animals customarily sold in pet stores.
Impervious cover means any manmade paved, hardened or structural surface regardless of material. The term "impervious cover" includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt.
Impervious surface means a manmade structure or surface, which prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.
Inoperable vehicle means any motorized vehicle, other than those vehicles temporarily disabled incapable of immediately being driven. Any motorized vehicle without a current vehicle registration tag shall be considered an inoperable vehicle.
Institutional residential living and care facilities means an umbrella term that encompasses the following uses as specifically defined in this chapter: assisted living facility, intermediate care home, nursing home, and personal care home.
Intermediate care home means a facility which admits residents on medical referral. It maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision, including emergencies. It complies with rules and regulations of the Georgia Department of Human Resources. The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry, and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications, and similar assistance, and such services being under appropriate licensed supervision. The term "intermediate care" does not normally include providing care for bed patients, except on an emergency or temporary basis.
Junk means scrap or waste material of any kind or nature collected for resale, disposal, or storage, or by accumulation.
Junkyard, salvage yard mean any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery, the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and/or other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.
Kennel means any facility used for the purpose of commercial boarding or sale of domestic animals or pets such as dogs and cats, and any other customarily incidental treatment of the animals, such as, grooming, cleaning, selling of pet supplies, or otherwise.
Kitchen means any room or part of a room designed, built, used, or intended to be used for cooking, the preparation of food, or dishwashing. The presence of a range, oven, or dishwasher, or utility connections suitable for serving a range or oven, shall normally be considered as establishing a kitchen.
Land development means any land change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.
Land development activity means those actions or activities which comprise, facilitate or result in land development."
Land disturbance means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving, or any other installation of impervious cover.
Land disturbance activity means those actions or activities which comprise, facilitate, or result in land disturbance.
Land disturbing activity means any grading, scraping, excavating, or filling of land; clearing of vegetation; any other alteration of land which causes land and stream bank erosion, siltation or water pollution; and any construction, rebuilding or alteration of a structure.
Land trust means a private, nonprofit conservation organization formed to protect natural resources, such as productive farm or forest land, natural areas, historic structures, and recreational areas. Land trusts purchase and accept donations of conservation easements. They educate the public about the need to conserve land and some provide land-use and estate planning services to local governments and individual citizens.
Landfill means an area wherein solid wastes are placed, compacted and covered but specifically excluding hazardous or radioactive wastes.
Landscape strip means that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from a given property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or side development but shall be maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative planting, berms, walls, fences or other approved features designed and arranged to produce an aesthetically pleasing effect within and outside of the development.
Landscaping means the modification of the landscape for an aesthetic or functional purpose. The area within the boundaries of an individual lot that includes the preservation of existing vegetation and the continued maintenance thereof, as well as, the installation of trees, shrubs, ground covers, grass, flowers. Landscaping areas may, in addition to existing vegetation and live plant material, also include in minor quantities decorative rock, bark, mulch and other similar materials.
Landscaping company means a business engaged in the provision of landscaping services and/or the wholesale or retail sale of landscaping products including but not limited to sod, trees, landscaping timbers, and earth covering materials. The processing of wood into timbers, mulch, and/or chips is considered an incidental use of a landscaping company whose primary purpose is the wholesale or retail sale of landscaping products.
Laundromat means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. A laundromat is considered a personal service establishment.
Loading and unloading space means a space, typically with dimensions of 12 feet by at least 40 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles to be used, and accessible to such vehicles.
Lodging service means a facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including, but not limited to, inns, hotels, motels, and motor hotels, and roominghouse and boardinghouses. Bed and breakfast inns are not considered to be lodging services.
Lot means a parcel of land occupied or capable of being occupied by a use, building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
Lot Definitions
Types of Lots
(1)
Lot, corner, means a lot abutting upon two or more streets at the intersection.
(2)
Lot coverage, maximum, means the percentage of a given lot that may be occupied by all principal and accessory buildings and structures on such lot, measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings and structures on the lot.
(3)
Lot depth means the mean horizontal distance between front and rear lot lines.
(4)
Lot, double frontage, means any lot, other than a corner lot, which has frontage on two streets.
(5)
Lot, frontage, means the width in linear feet of a lot where it abuts the right-of-way of any public street, or an approved private street.
(6)
Lot of record means a parcel of land within the city limits which was properly platted and recorded in the Clerk of Forsyth County's Plat and Deed records as of January 21, 1986, or which has been lawfully subdivided in accordance with this chapter and the subdivision regulations since January 21, 1986, or which was lawfully subdivided prior to annexation into the city limits.
(7)
Lot width means the horizontal distance between side lot lines measured at the minimum required front yard (regulatory front building set back) line.
Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; or a structure that otherwise comes within the definition of the term "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401 through 5445).
Manufactured home park means a parcel of land or any portion thereof under which has been designed, planned, or improved for the placement of two or more manufactured homes for residential use, including land, buildings, and facilities used by the occupants of manufactured homes on such property.
Manufactured home space means a parcel of land within a manufactured home park which is reserved or leased for the placement of an individual manufactured home and accessory structures for the exclusive use of its occupants.
Manufacturing, processing, assembling, means the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials, such as, lubricating oils, plastic resins, or liquors.
Metal buildings shall mean buildings in which the exterior walls are more than 50 percent metal, or in which the exterior wall facing the main entrance or facing any road is made of metal, and which said buildings are not used for the sole purpose of storage.
Metes and bounds means a system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as, a monument or other marker or the corner of intersecting streets.
Miniwarehouse. See Self-service storage facility.
Mixed-use development means a single building containing more than one type of land use; or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole.
Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, and when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and which has not been inspected and approved as meeting the requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC 5401 through 5445).
Modular home means any structure or component thereof, designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation, on the building site, and which is designed and constructed to conform to the local building code rather than a national housing or construction code.
Museum means a building having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public with or without an admission fee, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
Nonconforming building or structure means a building or structure that does not meet one or more setbacks for the zoning district in which such building or structure is located, or a building or structure that exceeds the maximum lot coverage for the zoning district in which such building or structure is located, or a principal building or accessory structure that otherwise does not comply with dimensional requirements established by this chapter for the particular principal building or accessory structure or for the zoning district in which the nonconforming building or structure is located.
Nonconforming Building, Conforming Use
Nonconforming lot means a lot, the area, width, or other characteristic of which fails to meet requirements of the zoning district in which it is located and which was of record as of January 21, 1986. Any lot which was subsequently annexed into the city limits which does not meet the requirements of the particular zoning district shall also be considered a nonconforming lot.
Nonconforming Lot
Nonconforming use means any building or use of land or building lawfully existing at the effective date of these regulations or as a result of subsequent amendments to these regulations, which does not conform with the permitted use provisions established herein for the district in which it is located.
Nonconforming Use
Nuisance means anything that interferes with the use or enjoyment of property, endangers public health or safety, or is offensive to the senses.
Nursing home means a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home; it complies with rules and regulations of the Georgia Department of Human Resources.
Office means a building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or other sales of any kind on the premises.
Office park means two or more buildings which are clustered together in which professional services are primarily engaged.
Official zoning map means the map, which accompanies this chapter text, that delineates the geographic location of the boundaries of zoning districts established in this chapter in relation to natural features, manmade features, and/or property uses.
Open air business means any commercial establishment with the principal use of displaying products in an area exposed to open air on three or more sides, including but not limited to rock yards, nurseries and garden supply stores, lumber and building materials yards, flea markets, statuaries and monument sales establishments, liquid petroleum dealers and tank sales. A produce stand is not considered to be an open air business.
Open space means, within the context of article XII of this chapter, the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.
Open space, landscaped, means that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, set aside and maintained as a buffer, landscape strip or other approved open area.
Outdoor display means the keeping, in an unenclosed area, of any goods, junk, material or merchandise in front of a business, building or establishment or in an area visible from a public street, for display, advertisement or purposes for attracting rental or sales. Such definition shall not be construed as to include the temporary loading or unloading of such goods, junk, material or merchandise to or from an enclosed area.
Outdoor storage means the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or commercial vehicles in the same place for more than 24 hours.
Parcel means any plot, lot or acreage shown as a unit on the latest county tax assessment records.
Parking lot means any public or private open area used for the express purpose of temporary storage of private motor vehicles.
Parking space means an area having typical dimensions of not less than nine feet by 20 feet and 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary storage space for a motor vehicle.
Parking structure means a structure or portion thereof composed of one or more fully or partially enclosed levels or floors used for the parking or storage of motor vehicles. The term "parking structure" includes parking garages, deck parking, and underground or underbuilding parking areas.
Passive recreation means recreational activities and places that generally do not require a developed site. This generally includes such activities as hiking, horseback riding, and picnicking; provided that, such activities occur in a manner that is consistent with existing natural conditions.
Pedestrian-scale development means development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street.
Permitted use means a use by right which is specifically authorized in a particular zoning district.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
Personal care home means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.
Personal service establishment means a facility engaged in the provision of services to persons and their apparel, including but not limited to barbershops and beauty shops, coin-operated and full service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, dance studios, schools, and dancehalls, and travel agencies.
Planning commission means the Cumming Planning Commission as established in this chapter.
Premises means a lot as otherwise referred to in this chapter.
Primary conservation area means an area within a conservation subdivision set aside for permanent protection, including the following:
Source: Arendt, Randall G., 1996. (1)
Slopes over 25 percent of at least 5,000 square feet contiguous area;
(2)
The 100-year floodplain;
(3)
Buffer zones of at least 75 feet in width along all perennial and intermittent streams;
(4)
Wetlands that meet the definition used by the U.S. Army Corps of Engineers pursuant to the Clean Water Act;
(5)
Populations of endangered or threatened species, or habitat for such species; and
(6)
Archaeological sites, cemeteries and burial grounds.
Public use means any building, structure or use owned and/or operated by the federal government, State of Georgia, Forsyth County or other county, the City of Cumming or other municipality, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment and pumping facilities, public housing facilities, jails, and correctional centers.
Recreational vehicle means any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis (30 days or less) by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers. Recreational vehicle parks may be public or private facilities and must provide utility and parking locations for recreational vehicles in accordance with this chapter and all applicable regulations.
Recreational vehicle park means any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis (30 days or less) by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers. Recreational vehicle parks may be public or private facilities and must provide utility and parking locations for recreational vehicles in accordance with this chapter and all applicable regulations.
Recycling collection center means a principal or accessory use that serves as a neighborhood or regional drop-off point for temporary storage of recoverable resources such as cans, bottles and newspapers, but specifically excluding processing of such resources.
Residence for caretaker or night watchman means an accessory residence located inside or in addition to the principal structure or use of a parcel of land, designed or occupied by security personnel for security reasons only.
Residential district means any R-1, R-1A, R-2, or R-3 zoning district as indicated on the official zoning map.
Restaurant means any place or premises used for sale, dispensing or service of food, refreshment or beverages.
Retail trade establishment, enclosed, means any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include but are not limited to the following: convenience stores including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, tape, and compact disc stores, eating and drinking places not involving drive-in or drive-through facilities, drug stores, apothecaries and proprietary stores, liquor stores and bottle shops, used merchandise stores and pawnshops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, newsstands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops.
Rezoning means an amendment to or a change in the official zoning map.
Right-of-way means that area, distinguished from an easement, which is owned in fee-simple title by the mayor and council or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities, utilities, and other supporting uses and structures.
Riparian means belonging or related to the bank of a river, stream, lake, pond, or impoundment.
Roominghouse means a building where, for compensation, lodging only is provided.
School means a public, private, parochial, charitable, or nonprofit educational facility as more specifically defined by this chapter, which contains a building or group of buildings, and which includes instructional facilities for students. A school may include accessory uses to instructional facilities, including but not limited to offices for instructors and administrators, student living quarters, dining halls, and recreation facilities. A school shall be considered a principal use, unless it is operated as an accessory use to a church, temple, synagogue, or place of worship.
(1)
School for the arts means an educational use not operated by the county board of education that offers or provides instruction in dance, singing, music, painting, sculpting, or fine arts to more than two students at a time.
(2)
School, private, means an educational use for students in grades one through 12 or for only certain ranges of grades kindergarten through 12, not operated by the county board of education, which has a curriculum at least equal to a public school with regard to the branches of learning and study required to be taught in the public schools of the State of Georgia.
(3)
School, public, means an educational use for students in grades kindergarten through 12 or for only certain ranges of grades one through 12, operated by the county board of education.
(4)
School, special, means an educational use not operated by the county board of education that provides special education to more than two students at a time, including but not limited to the training of gifted, learning disabled, and mentally or physically handicapped persons.
(5)
School, trade, means an educational use not operated by the county board of education and having a curriculum devoted primarily to business (including barbers and beauticians), industry, trade, or other vocational-technical instruction.
Screening means a method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides yearround maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first-story window on an abutting lot.
Secondary conservation areas means areas within a conservation subdivision that should be included within the open space to the maximum extent feasible, including the following:
Source: Arendt, Randall G. 1996; Conservation Design for Subdivisions: A Practical Guide to Creating Open Space Networks, Washington, DC, Island Press, page 72. (1)
Important historic sites;
(2)
Existing healthy, native forests of at least one acre contiguous area;
(3)
Individual existing healthy trees greater than eight inches caliper, as measured from their outermost dripline;
(4)
Other significant natural features and scenic view sheds, such as, ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;
(5)
Prime agricultural lands of at least five acres contiguous area; and
(6)
Existing trails that connect the conservation subdivision to neighboring areas.
Self-service storage facility means a building or group of buildings divided into separate compartments, which may be of different sizes and which may or may not be climate controlled, and which are leased or rented on an individual basis to businesses and residents for temporary storage needs, but where no commercial transactions or activities take place other than the rental of the storage units.
Semipublic use means any building, structure or use owned and/or operated by private utilities or private companies for a public purpose, or which is reasonably necessary for the furnishing of adequate service by such utilities, such as but not limited to the following: underground or overhead gas, electrical, steam or water distribution or transmission lines or systems, electric power substations, wires, towers, cables, and poles.
Service and fuel filling station means any building, structure or land used for the retail sale of motor vehicle fuel, oil, accessories, and motor vehicle servicing, except that major repairs, body repairs, and painting of motor vehicles shall not be considered motor vehicle servicing.
Sign means any writing, pictorial presentation, illustration, or decoration, flag, banner or pennant or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known, and which is designed to be visible from any street or adjoining property, except for house numbers and address numbers and nonbusiness letters on mailboxes. For the purposes of these regulations, any sign not visible from a street or adjoining property or any sign within a business, office, mall or totally enclosed area is exempted from these regulations.
Site plan means a graphic illustration, two-dimensional, prepared to an engineering scale, showing accurately and with complete dimensioning, the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.
Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. In this chapter, slopes are generally expressed as a percentage; percentage of slope refers to a given rise in elevation over a given run in distance. A 50 percent slope, for example, refers to a 100-foot rise in elevation over a distance of 200 feet. A 50 percent slope is expressed in engineering terms as a 2:1 slope.
Slope
100 feet of elevation change over a horizontal distance of 200 feet = 100/200 = 0.5 = 50 percent (also expressed as 200:100 = 2:1)
Special event facility means a facility or assembly hall available for lease by private parties.
Story means that portion of a building comprised between a floor and the floor or roof next above.
Stream means any stream, beginning at the location of a spring, seep, or groundwater outflow that sustains streamflow; or point in the stream channel with a drainage area of 25 acres or more; or where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the City of Cumming may require field studies to verify the existence of a stream.
(1)
Stream channel means the portion of a watercourse that contains the base flow of the stream.
(2)
Stream protection area means the combined areas of all required buffers and setbacks applicable to a stream, as specified in article XI of this chapter.
(3)
Stream, perennial, means a stream which flows throughout the whole year, as indicated on the latest 7.5 Minute Series Quadrangle Map prepared by the United States Department of the Interior Geological Survey (USGS Quadrangle Map).
Street means a public or private thoroughfare which is open to the general public and which affords the principal means of access to abutting property.
(1)
Street, arterial, means, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, those streets and highway facilities, including full and partial access controlled highways and major urban area entrance highways, which are designed to carry the highest traffic volumes and the longest trips through and within an urban area.
(2)
Street, collector, means, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, those streets that collect traffic from minor streets or other collector streets and channel it to the arterial system. Collector streets provide land access and traffic circulation within residential neighborhoods, commercial and industrial areas.
(3)
Street, public, means a dedicated and accepted public right-of-way which affords the principal means of access to abutting properties.
Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground, not including utility poles.
Subdivision means the division of a parcel or tract of land into two or more lots for the purposes of creation of lots for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership.
Temporary use means a prospective use, intended for a specified limited duration.
Townhouse means one of a group of three or more single-family, attached dwelling units under fee simple ownership.
Townhouses (Attached Single-Family, Fee Simple)
Trash enclosure means an accessory use of a site where trash and/or recyclable material containers, or any other type of waste or refuse container is stored.
Tree means any self-supporting, woody perennial plant having a single trunk diameter of two inches or more which normally grows at maturity to an overall height of a minimum of 15 feet.
Use means any purpose for which a building or structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.
Variance means a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.
Warehouse means a use involving the storage of products, supplies, and equipment, and which typically involve truck transportation to and from the site.
Watershed means the land area that drains into a particular stream. The term "watershed" is different from (broader than) the term "water supply watershed" as defined in section 113-382.
Wholesale trade establishment means an establishment engaged in the selling or distribution of merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers.
Wrecked motor vehicle compound means an area used to store disabled motor vehicles until such time as their disposition (either by junk, salvage or repair) has been determined by the insurance company, the owner of the vehicle, or his legal representative.
_____
Yard means a space on the same lot with a principal building, which is open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area unless otherwise specified by these regulations.
Yards
(1)
Yard, front, means a space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage shall be considered front yards. In the case of double frontage lots, the spaces as defined above shall both be considered front yards.
(2)
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 rear line of the building projected to the side lines of the lot.
(3)
Yard, side, means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
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Yard sale means the temporary sale of home furniture, appliances, clothing and/or domestic items owned by an occupant of a residential dwelling and taking place on the premises on which such occupant resides, whether in the yard or in a carport or garage, usually as a result of the occupant moving/relocating to another place of residence. Yard sales which do not take place on the premises on which such occupant resides are considered open-air businesses.
Zero lot line means the location of a building on a lot in such a manner that one or more building sides have no (zero) side or rear building setback (or yard requirements) and rests directly on a side or rear lot line. A zero lot line development is one where houses in the development on a common street frontage are shifted to one side of the lot.
Zero Lot Line (Detached Single-Family Shown)
Zone, floating, means a zoning district that is described in the text of this chapter but not applied to specific property as shown on the official zoning map except by application that is approved by the mayor and council.
Zoning means a legislative act representing a legislative judgment as to how the land within a city should be utilized and where the lines of demarcation between the several use zones or districts should be drawn. An exercise of local government's police power wherein the local government attempts to balance the interest of promoting the public health, safety, morality, or general welfare against the property owner's right to the unrestricted use of his property.
Zoning administrator means the director of planning and zoning of the City of Cumming, or an authorized representative.
(Ord. of 2-18-2003, art. III; Ord. of 5-17-2005(01), § 1; Ord. of 2-16-2010, §§ 1, 2; Ord. of 9-18-2018, § 1 )