§ 6.2. Definitions.

For the purpose of this ordinance certain words and terms used herein shall be defined and interpreted as follows:

Accessory structure: A structure detached from the principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Advertising sign (billboard): Any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, except for the name and occupation of the user of the premises or the products primarily sold or manufactured on the premises or noncommercial messages, and having an area of 100 square feet or more. Any signboard carrying a message excepted in this definition which also carries extraneous advertising of 100 square feet or more shall be considered a billboard.

Assisted living facility: See: "Community living arrangement", "Family personal care home" , or "Personal care home".

Automobile service station: A building or premises where products necessary for automobile service or maintenance are sold, provided there is no storage of automobiles, and only minor services are rendered. An automobile service station is not a repair garage, nor a body shop.

Banks and savings and loan institutions: See: "Depository institution".

Big Haynes Creek Watershed Protection Area: That area of land lying within the drainage basin or watershed of Big Haynes Creek, as shown on the official set of maps of the protection area maintained by the department of planning and development.

Board: The Board of Appeals of the City of Snellville, Georgia.

Boarding or rooming house: A dwelling in which meals or lodging or both are furnished for compensation to more than two, but not more than ten non-transient persons.

Bottle shops: Retail establishments specializing in the sale of beer and/or wine for consumption off-premises; however, such establishments may also offer by-the-drink on-premises consumption in conjunction with a special use permit obtained in article VI of chapter 6, Alcoholic Beverages of the City Code of Ordinances.

Buildable area: The portion of a lot remaining after required yards have been provided.

Building: Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals, or property of any kind.

Building inspector: The official with the responsibility of permit and certificate of occupancy issuance.

Business signs: An identification sign containing the name of the business located on the same premises.

Certificate of occupancy: A permit issued by the building inspector indicating that the use of the building or land in question is in conformity with this ordinance or that there has been a legal variance therefrom as provided by this ordinance.

Child care institution: See: "Group home".

Child day care home: See: "Family day care home".

Church: See: "Place of worship".

City: The City of Snellville, Georgia.

Collective residences: A collective residence shall mean any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, support, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage and which is licensed as a group home, personal care home, or community living arrangement pursuant to O.C.G.A. § 31-2-4(d)(8). Any residence that Georgia law requires to be licensed as a Community Living Arrangement, Group Home, Personal Care Residence, Continuing Care Retirement Community (CCRC), CCRC independent living unit, CCRC assisted living facility, CCRC skilled nursing facility, or any other facility permitted by the State of Georgia to house two or more unrelated persons, shall be a collective residence. Collective residences shall only be allowed by special use permit, which term is defined under this section.

Columbarium: A structure with niches for the respectful storage of funeral urns.

Commission: The Planning Commission of the City of Snellville, Georgia.

Community living arrangement: Any state licensed residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Addictive Diseases. Personal services means provision of services, on a daily basis, that include, but are not limited to, individual assistance with or supervision of medications, ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing and toileting. Supports, care, or treatment means specific services that are provided to the resident of the community living arrangement, coordinated by the administrator as necessary, or reasonable requested by the resident and that include, but are not limited to, mental health services, habilitation, rehabilitation, social services, medical, dental, and other health care services, education, financial management, legal services, vocational services, transportation, recreational and leisure activities, and other services required to meet a resident's needs.

Conditional use: A use which while not permitted as a matter of right may be allowed within a given zoning district subject to meeting specific conditions for location and siting as prescribed by this ordinance.

Condominium: A multifamily dwelling or row house in which each dwelling is owned and financed by the occupant, but in which halls, entrance ways and underlying lands are owned jointly.

Consumer fireworks: Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation, as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association, as provided for in the 2001 American Pyrotechnics Association Standards 87-1, and additionally shall mean Roman candles.

Consumer fireworks retail sales facility: Shall have the same meaning as provided for by NFPA 1124, as a permanent or temporary building or structure that is used primarily for the retail display and sale of consumer fireworks; provided, however, that such term shall not include a tent, canopy or membrane structure.

Consumer fireworks retail sales stand: Shall have the same meaning as provided for by NFPA 1124, as a temporary or permanent building or structure that has a floor area not greater than 800 square feet, other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks.

Continuing care retirement community (CCRC): A large-scale facility (or integrated group of facilities) which has a primary purpose of providing housing and continuing care for people over the age of 62, and which consists of CCRC independent living units, CCRC assisted living facilities, CCRC skilled care nursing facilities and CCRC accessory uses, all as defined herein and as regulated by, where applicable, the Georgia Department of Community Health or other appropriate state agency. For purposes of this ordinance, "continuing care" means the provision of lodging, nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual who is at least 62 years of age.

(1)

CCRC independent living unit: A dwelling unit within a continuing care retirement community (CCRC) containing living area(s), bedroom area(s), kitchen area and bathroom(s), including studio style apartments, detached homes, or attached townhomes, which houses one or more people over the age of 62 in a manner in which they may live independently while receiving one or more meals per day in a congregate setting.

(2)

CCRC assisted living facility: A facility located within a continuing care retirement community that provides a residential living environment, assisted by congregate meals, housekeeping, and personal services for persons age 62 or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility but do not require services in or of a Georgia Department of Community Health licensed long-term care facility or nursing facility. A CCRC assisted living facility shall include dwelling units, dining room(s), bathing area(s), common area(s), offices and other spaces necessary to provide the above services, and shall be operated by a legal entity holding a certificate of compliance document (license) issued by the Georgia Department of Community Health, or other appropriate state agency, permitting the operation of a personal care home (PCH) at the location of the facility.

(3)

CCRC skilled care nursing facility: A facility located within a continuing care retirement community which provides board, shelter and 24-hour skilled nursing and medical care to chronic or convalescent patients. A CCRC skilled care nursing facility shall include nursing beds and/or individual rooms, dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services and shall be operated by a legal entity holding a certificate of compliance document (license) issued by the Georgia Department of Community Health, or other appropriate state agency, permitting the operation of a nursing facility at the location of the facility.

Convent: See: "Place of worship".

Council: The City Council of the City of Snellville, Georgia.

Depository institution: Bank, credit union, or other financial institution that solicits and accepts savings of the general public as demand deposits or time deposits, and pays a fixed or variable rate of interest. Also called savings association, savings institution and thrift institution.

Director of planning and development: The Director of Planning and Development for the City of Snellville or his/her designee.

Distributor (fireworks): Any person, firm, corporation, association, or partnership which sells fireworks.

Drive-in restaurant: Any place or premises used for sale dispensing or service of food, refreshments or beverages in automobiles, including those establishments where customers may eat or drink the food, or beverages on the premises.

Dwelling, attached: See: "Dwelling, multiple-family", "Town house" , and "Villa."

Dwelling, mobile home: A detached single-family dwelling unit with the following characteristics:

(1)

Designed for long-term occupancy as opposed to transient location, containing sleeping accommodations, toilet facilities, with plumbing and electrical connections provided;

(2)

Designed to be transported after fabrication on its own wheels or flatbed or other trailer or on detachable wheels;

(3)

Built to arrive at the site where it is to be occupied as a dwelling unit complete, or all units built since June 15, 1976 documentation of compliance with the National Mobile Home Construction and Safety Standard Act (department of housing and urban development certification); and

(4)

For all units built prior to June 15, 1976 documentation of compliance with specifications prescribed by the American National Standards Institute.

Dwelling, multiple-family: A dwelling containing three or more dwelling units, including units that are located one over the other. This definition does not include a townhouse.

Dwelling, single-family: A detached residential unit other than a mobile home, designed for and occupied by one family only.

Dwelling, single-family attached: A structure subdivided by a coincidental property line and wall which separates the structure into two or more dwelling units, each occupying its own lot. The lots created by the coincidental property line and wall shall each contain at least: (a) an equal percentage of the minimum lot area in the zoning district in which they are located; and (b) an equal percentage of the minimum lot width in the zoning district in which they are located; and an equal percentage of the minimum gross floor area in the zoning district in which they are located.

An attached single-family structure must meet all front, rear and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each unit must be separately metered for all utilities and the coincidental property wall must be fire-rated and extend from the foundation to the roof decking of the structure. Otherwise, an attached single-family structure must meet all standards that would be required for two-family dwellings in the zoning districts in which they are located.

Dwelling, two-family: A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintained household.

Family: One or more persons related by blood, marriage, adoption, or guardianship; or not more than three persons not so related who live together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability; or not more than two unrelated persons and any minor children related to either of them.

Family day care home: A private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three, but not more than five children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

Family personal care home: Any state-licensed and customary home business, non-institutional in character residential dwelling, whether operated for profit or not, which undertakes through its ownership to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults, aged 18 years or older who are not related to the owner by blood or marriage; personal services includes, but is not limited to, individual assistance with supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing and toileting.

Fence: An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or demarcate areas of land.

Finance company: Any specialized financial institution that supplies credit for the purchase of consumer goods and services by purchasing the time-sales contracts of merchants.

Floor area (one-family building): The floor area of a one-family dwelling is the gross horizontal area of the several floors of a one-family residential structure, exclusive of carport, basement, attic and open porches.

Georgia Industrial Loan ("GILA") Lender: Any establishment engaged in whole or in part in the business of lending money of $3,000.00 or less per transaction for a period of 36 months and 15 days or less and may charge, contract for, collect, and received interest and fees in accordance with Section 7-3-14 of GILA and is not otherwise exempted in Section 7-3-6 of GILA; and the interest and money paid or agreed to be paid by the borrow in order to obtain the loan does not exceed the charges authorized by GILA.

Ground coverage: The area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.

Group home: A state-licensed child-welfare agency that is any institution, society, agency or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for six or more children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board of human resources. This full-time care is referred to as room, board and watchful oversight.

Height of building: The vertical distance measured from the mean finished ground level at the front of the building to the highest point of the roof or the parapet.

Home business: See: "Home occupation".

Home occupation: A lawful activity commonly carried on within a dwelling by a member or members of the family who occupy the dwelling where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained.

House of worship: See: "Place of worship".

Impervious surface: Any paved, hardened or structural surface, including but not limited to, buildings, driveways, walkways, parking areas, patios, decks, streets, swimming pools, dams, tennis courts, and other structures.

Inoperable vehicle: Any motorized vehicle incapable of immediately being driven.

Junk or salvage yard: A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, used cars or trucks in inoperable condition are bought, sold, exchanged, stored, baled or cleaned.

Kennel: Any location where boarding, caring for and keeping of more than a total of five dogs or cats or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats or other small animal for commercial use.

Land use plan: A policy document adopted by the city council, the purpose of, which is to provide a guide for the location, type and intensity of future land uses within the corporate limits of the City of Snellville.

Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used.

Lobby: A lobby is a public internal waiting area at or near the entrance of a building. A lobby may include a variety of uses but is limited to contiguous open area and shall not include separated space for public uses such as restrooms or offices.

Lot: A zoning lot unless the context shall clearly indicate a contrary definition.

Lot, corner: A lot situated at the intersection of two streets, or bounded on two or more adjacent sides by street right-of-way lines.

Lot depth: Considered to be the distance between midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage: The portion of a lot adjacent to a street.

Lot, interior: A lot other than a corner lot or a through lot.

Lot line: A boundary of a lot. Lot line is synonymous with property line.

Lot of record: Land designated as a separate and distinct parcel in a subdivision, the plat of which has been recorded in the office of the Clerk of the Superior Court of Gwinnett County, or a parcel of land, the deed to which was recorded in said office prior to the adoption of this ordinance.

Lot, through: A lot having frontage on two streets that are approximately parallel.

Lot width: The distance between side lot lines measured at the rear of the required front yard line on a line parallel with a line tangent to the street right-of-way line.

Low-to mid-rise: A structure that is two or more stories in height.

Minimum front yard: The open space between the front lot line and the building line within which no structure shall be located except as provided in this ordinance.

Mobile home park: A tract of land that is used, designated, maintained, or held out for rent to accommodate four or more mobile homes. Mobile homes located in a mobile home park are used only to provide living and sleeping accommodations: a mobile home park does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale.

Mobile home subdivision: A tract of land that is used, designated, maintained, or held out for sale of lots to accommodate mobile homes. Services such as water, sewage, recreational facilities, and solid waste collection may be provided for a service charge.

Modular home: A modular home is a factory fabricated, transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential purposes.

Monastery: See: "Place of worship".

Mosque: See: "Place of worship".

Motel/hotel: A facility offering lodging accommodations to the general public on a nightly or long-term basis (weekly or monthly) and may provide additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.

Nonconforming use or structure: Any building, structure, or use of land lawful at the time of passage or amendment of this ordinance which does not conform, after the passage or amendment of this ordinance with the use regulations of the district in which it is located.

Open space: A parcel or area of land set aside, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests. Creditable open space shall not include any portion of an overhead power line easement, stormwater detention pond (including the easements required by the development regulations) which is not part of an existing or proposed permanent lake or recreation area required by the Snellville Development Regulations.

Parking space, off-street: An off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Pawn broker: Any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as part of or in conjunction with the business activities described in this chapter.

Pawn shop: Any business wherein a substantial part thereof is to take or receive, by way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of personal property, or the title to any goods, wares, merchandise, or any kind of personal property whatever, as security for the repayment of money lent thereon.

Personal care home: A state-licensed facility designed and equipped as a special combination of housing, personalized supportive services, and health care designed to respond to the individual needs of senior citizens who need help and activities of daily living but do not need the skilled medical care provided in a nursing home. Continuous medical care is not provided. The minimum floor area shall be 425 square feet per unit. A minimum staff as outlined by state requirements, designed to meet scheduled and unscheduled needs, shall be required.

Place of worship: A specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study. Temples, churches, synagogues and mosque are examples of structures created for worship. A convent or monastery may serve both to house those belonging to religious orders and as a place of worship for visitors.

Principal permitted use: That use of a lot, which is among the uses allowed as a matter of right under the zoning classifications.

Private deed restrictions or covenants: Private deed restrictions or covenants are imposed on land by private landowners. They bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the land owners involved and not by the city or other public agency.

Recreation facility: A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

Shopping center: A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, owned and managed as a unit related in location, size and type of shops to the trade area that the unit serves, and providing on-site parking in definite relationship to the types and sizes of stores. Shopping centers are classified by type, each distinctive in its own function:

(1)

Neighborhood shopping center - Provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, dry cleaning, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, and is usually built around a supermarket which is the principal tenant.

(2)

Community shopping center - In addition to the convenience goods and personal services of the neighborhood center, provides a wider range for the sale of soft lines (apparel, etc.) hard lines (hardware and appliances) and includes eating facilities, making more depth of merchandise and services available. It is usually built around a junior department store or variety store which is the principal tenant.

(3)

Regional shopping center - Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one or more full line department stores as the focal point.

Signs: Any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement or illumination.

Special use: A use which is not allowed in a district as a matter of right, but which is permitted upon findings of the mayor and council and issuance of special use permit, after recommendations by the department of planning and development and the planning commission, that under particular circumstances present such use is in harmony with the principal permitted uses of the district and after a public hearing.

Special use permits: Special use permit is a subcategory of the uses in the district regulations and is defined and designed to be used when the following criteria are present:

(1)

The special use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objectives of the comprehensive plan; and

(2)

A special use listed under the zoning district is desired for development and a more intensive zoning district which contains that use as a use by right would not be appropriate for the property; or

(3)

A special use listed under the relevant subsection is desired for development and no zoning district contains that use as a use by right; or

(4)

A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within the City of Snellville; or

(5)

The density of development may be affected by the height of a building.

In order to accommodate these special uses, the special use permit allows the mayor and council to approve a special use on a particular lot without changing the general zoning district. Such approval shall be subject to the requirements set forth below and any additional conditions the mayor and city council and/or the planning commission deems necessary to ensure the compatibility of the special use with the surrounding properties. All special use permit applications shall be for firm development proposals only. The special use permit shall not be used for securing early zoning for conceptual proposals which may not be undertaken for more than six months from the date the application is submitted. A special use permit application shall be considered only if it is made by the owner of the property or his/her authorized agent.

The minimum requirements for a special use permit are:

a.

Any uses permitted under a special use permit shall conform to the requirements of this ordinance and the development and zoning regulations for the use as found in the zoning district.

b.

The application, fees and review process for a special use permit shall be the same as for the application and review process for establishing the zoning district under which the special use is found, which is article XV, section 15.2 of the zoning ordinance. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the director of planning and development in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to evaluating the relationship of and the compatibility with the proposed use to its immediate neighborhood.

c.

In the approval process for a special use permit application, the mayor and city council shall consider the policies and objectives of the comprehensive plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially with regard to but not limited to traffic, storm drainage, land values and compatibility of land use activities.

d.

If an application is approved and a special use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions. All final site plans shall be approved by the planning and development department prior to the issuance of any permits. Once established, the special use shall be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 180 days or more and the owner of the property has not requested voluntary termination of the special use permit, the director of planning and development shall forward a report to the mayor and council through the planning commission which may recommend that action be taken to remove the special use permit from the property.

e.

Changes to a special use or development of a site for the special use shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.

f.

The special use for which a special use permit is granted shall commence operations or construction within 12 months of the date of approval by the mayor and council. If, at the end of this 12-month period, the director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the mayor and council through the planning commission which may recommend that action be taken to remove the special use permit from the property.

g.

The director of planning and development or his designee or an officer of the City of Snellville Police Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements of any conditions. If the director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violations and giving the owner of the property a maximum of 30 days to come into compliance. This 30-day maximum shall be amendable in the reasonable discretion of the director of planning and zoning. If after 30 days the violations continue to exist, the director shall forward a report to the mayor and council through the planning commission, which may recommend that action be taken to remove the special use permit from the property.

h.

Upon approval by the mayor and council, a special use permit shall be identified on the official zoning maps.

i.

Upon approval by the mayor and council of a special use permit, the owner of the property shall be issued a notice from the director, which states the specific use permitted, the requirements of this section and any conditions attached to the approval.

j.

The planning and development department shall not issue a certificate of occupancy for the specific use unless all requirements and conditions of the special use permit have been fulfilled by the owner of the property.

Store, fireworks: Shall have the same meaning as provided for in NFPA 1124, as "a building classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks"; provided, however, that such term shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:

(1)

No more than 25 percent of such retail display space is used for consumer fireworks and wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grams or less of explosive mixture; and

(2)

Other items or products which are not consumer fireworks or items or products as described in subsection (1) above are sold;

and provided, further, that such term means a person, firm, corporation, association, or partnership with more than one mercantile location, where all such mercantile locations are collectively known to the public by the same name or share a central management.

Stream, perennial: A watercourse having a source, terminus, banks and channel through which water flows on a continuous basis as depicted on the most recent United States Geological Survey 7.5-Minute Quadrangle Map (scale 1:24,000).

Street: A right-of-way for vehicular traffic that affords the principal means of access to abutting properties. The various classifications of streets are defined as follows:

(1)

Arterial - A street used primarily for fast and heavy traffic flow; is of considerable continuity; and is used as a traffic artery to interconnect areas and major activity centers.

(2)

Major collector - A street carrying traffic from activity centers and minor collector streets to arterial streets.

(3)

Minor collector - Principal entrance streets to subdivisions and the main thoroughfares providing circulation within subdivision serving a network of four or more local streets.

(4)

Local - A street used primarily in residential subdivisions for access to abutting properties as opposed to the collection and dispersion of traffic.

(5)

Cul-de-sac - A local street with only one outlet, closed and terminated by a vehicular turnaround.

Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Synagogue: See: "Place of worship".

Temple: See: "Place of worship".

Temporary use permit: Written authorization by the director of the department of planning and development, or his/her designee, for the applicant to engage in a temporary use at a specified, fixed location meeting all requirements for the temporary use permit.

Title pawn shop: See: "Pawn shop".

Townhome: A one-family dwelling unit in a row of at least three attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. A townhome shall have at least two stories.

Trailer (motor homes): A vehicle, including a motor home, designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.

Trailer park (camper): A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes or temporary parking of any other recreational vehicle that is not a mobile home.

Use: The purpose or purposes for which land or building is designed, arranged, or intended, or to which said land or building is occupied, maintained or leased.

Variance: A variance is a relaxation of the terms of the Snellville Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of a structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Villa: A dwelling with at least three, but no more than four attached dwelling units in which each unit has at least two exterior walls and each unit is separated from any other unit by one or more vertical common walls. Villas are exclusively single-story, with the exception of units located in a R-HOP housing district for older persons.

Yard: A required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses and for shrubs and fences.

Yard, front: An open space situated between the front building line and the front lot line extending the full width of the lot.

Yard, rear: An open space situated between the rear building line and the rear lot line extending the full width of the lot.

Yard, side: An open space situated between the side of the building line and the side lot line extending the full width of the lot.

Watershed: A drainage area or basin in which all land and water areas drain or flow toward a downstream collection area such as a stream, river, lake or reservoir.

Zoning lot: A single tract of land, located within a single block, which at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building or structure, for which the building permit or certificate of occupancy is issued and including such area of land as may be required by the provisions of this ordinance for such use, building or structure.

(ZOA 05-07, 10-24-2005; ZOA 06-01, 1-22-2007; ZOA 11-02, § 1, 5-23-2011; ZOA 11-05, §§ 4, 5, 2-27-2012; ZOA 13-02, §§ 1, 2, 9-9-2013; ZOA 2015-07, 4-27-2015; ZOA 2016-01, § 1, 5-23-2016; ZOA 17-02, § 1, 8-14-2017; ZOA 17-04, § 1, 1-8-2018)