§ 115-5. Definitions.

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

Abutting means touching at one point or along a common side, boundary, or property line. Two pieces of property that are separated by a railroad and/or street or right-of-way, or natural feature, such as, a naturally occurring body of water, are adjacent, but not abutting.

Adjacent property means property that is either abutting, or on the opposite side of a common street and/or railroad right-of-way, easement, or natural feature, such as, a naturally occurring body of water that directly separates it from the subject property. Properties separated by a railroad track, local street, freeway or stream are not abutting but can be adjacent.

Architectural modulation means variation in materials, massing, fenestration, and ornamental detail of a facade that divides a facade into unique components or identities, as distinguished from a uniform facade without variation. Architectural modulations of a facade should break the vertical plane by more than two feet in depth, measured from the forward plane of the facade.

Auto service means any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles not including body work or vehicle painting.

Banner means a piece of fabric or similar material which is attached to a pole, enclosed in a frame, or mounted as a temporary sign.

Bed and breakfast inn means a business operated in an owner-occupied, single-family detached dwelling with up to six guestrooms where overnight accommodations and a morning meal are provided to transients for compensation, and where the bed and breakfast inn is operated as subordinate and incidental to the main residential use of the building.

Buffer means land used to visibly separate one use from another through screening and distance; to shield or block noise, light, glare, physical or visual or other nuisances; to block physical passage to dangerous or undesirable areas; or to reduce air pollution, dust, dirt and litter or otherwise to promote the public safety and welfare.

Building means 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 face means the wall of a building that most closely parallels the front setback line regardless of where the main entrance is located. A building may have more than one face only if a front setback is maintained from more than one right-of-way.

Bus station means a building in which patrons of a for-pay motor carrier may purchase tickets for passage on such motor carrier, may board and disembark such motor carrier, but which does not allow any motor carrier to remain on the premises for more than two hours at a time, except under extraordinary circumstances, such as inclement weather or mechanical failure. All motor carriers located on bus station property shall have the driver or chauffeur present and in charge of such motor carrier while located on bus station property.

Bus terminal means a building in which patrons of a for-pay motor carrier may purchase tickets for passage on said motor carrier, may board and disembark such motor carrier, and which allows buses to remain in a secured area for more than 12 hours at a time. All motor carriers located on the bus terminal property shall have the driver or chauffeur or designated company personnel present and in charge of such motor carrier while it is located on bus terminal property.

Business park means a master planned development that is predominately office in use, with multiple buildings of like architecture and landscaping that provides internal access, private utilities and parking. The overall development is within a campus-like atmosphere and like uses being business and professional offices.

Common area (RAOD) means land, amenities, accessory structure and improvements consistent with section 115-93(j) not individually owned and not dedicated for a public use and integral to the redevelopment area that encourage pedestrian connectivity to adjacent lots or parcels such as arcades, greenways, sidewalks, public spaces that are clearly intended for gathering spaces (including rooftop recreational amenities and gardens in high-rise buildings) or that act as connectors to adjacent buildings, or such land and amenities, that are otherwise designed and intended for the common use or enjoyment of the residents, tenants, and guests of the development. Lands dedicated for public park land and public spaces within rights-of-way which are beyond the minimum required and are clearly intended as gathering spaces with amenities such as benches, fountains, etc., may be counted as common areas. Required common areas shall not include areas devoted to public or private streets or any land that has been or is to be conveyed to a public agency via a purchase agreement for such uses as schools or other public facilities.

Compatible means designs of structures and landscapes that are consistent with structures and landscapes that are located on the same property of which they are a part, based on an objective comparison of identified physical elements such as architectural form, building mass, height, scale, land uses, materials and landscape architecture.

Complementary uses means land uses that serve mutually supportive functions that encourage frequent interactions, and do not cause excessive conflicts with one another in terms of noise, access, traffic, parking, services or utility demands.

Comprehensive plan means, unless otherwise stated, the general plan for land use, transportation and community facilities prepared and maintained by the City Council. The term "comprehensive plan" includes component or functional plans for the city including, but not limited to, a plan for land use.

Connectivity means the degree to which streets, sidewalks, trails, and bike paths form a continuous and interconnected system that allows full mobility and convenient access between all origins and destinations as they may be distributed throughout a developed area.

Density bonus refers to a provision of this zoning chapter that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum otherwise permitted, in exchange for the provision of an amenity specified in this zoning chapter that provides a public benefit.

Density, gross, (RAOD) refers to the number of square feet of a building, or number of lots or dwelling units on a tract of land divided by the total acres of a parcel or tract of land prior to development or subdivision, including all streets or rights-of-way, open space, floodplain, and other unsubdivided or unused portions of the tract of land.

Density, net, (RAOD) refers to the number of square feet, lots, or dwelling units on a tract of land, less area for, open space, floodplain, wetland, and other unusable portions of the tract of land.

Drive-in restaurant means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site. Note: A drive-thru pick-up window does not necessarily indicate a drive-in restaurant.

Driveway means a privately owned and maintained path, appropriately surfaced with asphalt, concrete (pervious or impervious), gravel as allowed or other hard surface, connecting directly with a public thoroughfare, and used for accessing a structure and/or an improved area such as a garage, carport or exterior parking pad; such area primarily designated for vehicular parking, stopping, standing or turnaround.

Duplex means a residential structure designed for two-family occupancy.

Dwelling unit means one or more rooms designed for the occupancy, cooking and sleeping of one or more persons living as a family.

Extended-stay hotel shall mean any structure consisting of one or more buildings, with more than five dwelling units with provisions for living, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to persons for non-transient extended stays and/or stays of 30 days or longer, regardless of the presence of rentals or leases for shorter periods of time.

Extended stay motel means and includes any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves, dishwashers and ovens.

Family means an individual or two or more persons related by blood, marriage, or law; or a group of not more than four persons, who need not be so related, living together in a dwelling unit. The term "family" does not include any organization or institutional group.

Fixed public transportation station means a passenger loading area that serves an express form of public transportation such as express bus, bus rapid transit (BRT), light rail, trolley, heavy rail rapid transit, or commuter rail, but not including local bus service or shuttle bus service.

Flag means a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words or emblems used as the symbol of an organization or entity.

Floor area, one-family dwelling, means the gross horizontal area of the several floors of a one-family residential structure, exclusive of carport, basement, attic and open porches.

Floor area ratio (FAR) means the relationship between the amount of useable floor area permitted in a building and the area of the lot on which the building stands. FAR is computed by dividing the gross floor area of a building or buildings by the total area of the lot. For purposes of this calculation, floor area of parking structures shall not be included in floor area. See Figure A.10 of the district guidelines for an illustration of FAR.

Gross floor area, GFA (RAOD) means the sum of the heated floor area of all the habitable stories of a building, measured from the exterior faces of exterior walls. The measurement of GFA excludes unenclosed balconies and floor area of parking structures.

Height of building means the vertical distance measured from grade to the highest finished roof surface in the case of flat roofs or to a point at the average height of the highest roof having a pitch.

Home occupation means an occupation customarily carried on within a dwelling unit for profit or support involving the sale of only those articles, products or services produced on the premises, conducted entirely within the dwelling by those who reside in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products. The term "home occupation" includes:

(1)

The accommodation of not more than two boarders.

(2)

The provision of care and supervision by a state registered resident adult for no more than six persons who are not residents of the premises for less than 24 hours per day.

Hotel or motel shall mean any structure consisting of one or more buildings, with more than five dwelling units with provisions for transient living, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary lodging of 14 days or less is offered for pay to persons, is not intended for long-term occupancy, and does not otherwise meet the definition of an extended-stay hotel as defined in this section.

Industrial park , means a master planned development that is predominately industrial in use, with multiple buildings of like architecture and landscaping that provides internal access, private utilities and parking. The overall development is within a campus-like atmosphere and like uses being industrial oriented business.

Junkyard means property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged housewrecking demolition and structured steel materials and equipment or for the dismantling, or abandonment of automobiles or other vehicles or machinery or parts thereof.

LEED means Leadership in Energy and Environmental Design.

Light-emitting diode (LED) means a semiconductor diode that emits incoherent narrow-spectrum light when electrically biased in the forward direction of the p-n junction, as in the common LED circuit. This effect is a form of electroluminescence.

Livestock means and includes the following farm animals that are owned, raised and kept for pleasure, utility or sale:

(1)

Cattle, horses, goats, sheep, swine and other hoofed animals;

(2)

Poultry, chicken, ducks, geese and other live fowl;

(3)

Rabbits, mink, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins;

Pets, as defined below, and wild animals shall not be deemed livestock.

Livestock quarters means any enclosed yard, pen or other structure which surrounds or is used to shelter, care for, house, feed, exercise, train, exhibit, display or show any animals, other than fenced pasture land for grazing.

Lot means a developed or undeveloped tract of land in one ownership, legally transferable as a single unit of land.

Lot, through, means a lot having frontage on two streets that are approximately parallel.

Lot width means the horizontal distance between the side lines of a lot measured at the minimum required front yard (building setback) line.

Lot width (cul-de-sac) means, for a lot having the majority of its frontage on a cul-de-sac, the horizontal distance between the side lines of the lot, measured at the minimum required front yard (building setback) line or at a line parallel to said setback line, which is no more than twice the minimum front yard setback distance from the street.

Massing refers to the exterior form of a building, a structure or a series of buildings seen as a whole, encompassing bulk, shape, height, width, scale, proportion, and the spatial relationships of buildings, landscaping, and open space.

Miniwarehouse means a structure containing separate storage spaces of varying sizes leased, rented or owned on an individual basis. No storage of chemicals or flammable goods is allowed.

Mixed-use development (RAOD) means development of a single building or single parcel to contain two or more of the following types of uses: residential, retail/commercial, office, or institutional, and in which each of such uses constitute at least 20 percent of the gross floor area, excluding accessory uses. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel; provided they are in close proximity, planned as a unified and complementary whole, and functionally integrated with interconnected vehicular and pedestrian access and parking areas. Mixed-use developments may be permitted outside of the RAOD boundaries, within the physical area encompassed by the 2030 Comprehensive Plan's Buford Highway Reinvestment Character Area designation, subject to a Special Use Permit.

Mobile home or mobile building means a detached, single-family dwelling or other use type factory-manufactured structure with tongue, axles and wheels when originally built designed for occupancy; made to be transported after fabrication on wheels. Removal of the wheels and placement on a foundation does not change its classification. Travel trailers and recreational vehicles are not mobile homes.

Mobile home lot means a parcel of land for the exclusive use of the occupants of a single mobile home.

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

Modular home or modular building means 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 or commercial purposes.

Modulation means the rhythmic variation in the massing and fenestration of a building that divides its roofline and facade into small harmonious components that create visual interest, as distinct from the appearance of a large building with a featureless facade built on a single plane with a single roofline. Modulations of a facade should break the vertical plane with variations that are at least two feet in depth, measured from the forward plane of the facade.

Multi-tenant building means a single building containing multiple uses or tenants where there are specific exterior entrance ways for individual uses.

Multi-tenant development means a single development containing multiple buildings where there are specific exterior entrance ways for the individual uses.

Nonconforming use means any building or land lawfully occupied at the time of passage or amendment of this chapter which does not conform, after the passage or amendment of this chapter, with the use regulations of the district in which it is located.

Office means structures, or portions of structures, in which business activities take place on a regular basis, but where goods are not produced physically, sold or repaired. These include, but are not limited to: banks, general offices; governmental offices; insurance offices and real estate offices.

Parking, bicycle, means an area in a parking lot or along a sidewalk that is designed and marked for the purpose of securing bicycles in an upright fashion, using a locker or open framework that is permanently attached to the ground and providing secure anchorage for two or more bicycles.

Parking, on-street, means areas along curbs of a street that are authorized for temporary (less than 48 hours) storage of automobiles belonging to owners, tenants, customers, or visitors of adjacent or nearby properties.

Parking structure means decks placed aboveground or underground in a structure designed principally for the storage and circulation of motor vehicles that includes a roof and/or more than one level. A parking structure may be either freestanding or incorporated in one structure along with other uses, such as office, residential or commercial uses.

Path, multi-use, means a corridor designed for one or more alternative forms of transportation, including pedestrians, joggers, skaters, and slow-moving vehicles such as strollers, bicycles, and golf carts.

Pervious paving means materials used for surfacing parking lots and driveways such as porous concrete or modular porous paver systems that are designed to allow infiltration of stormwater and are consistent with stormwater BMPs. Pervious paving areas are not considered as impervious surface areas for the purpose of calculating impervious surface coverage.

Pet (household pet) means any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter; except that livestock and wild animals shall not be deemed pets.

Planned development means an area of not less than five acres, developed according to a development plan containing single-family residential structures to be sold as fee simple units with all streets, recreational areas, and other properties to be owned and maintained by a mandatory home owners association. A planned residential development contains single-family dwelling units, either detached or attached to similar units which is so constructed and arranged that no dwelling unit is above or below any other dwelling unit, and that each dwelling unit is:

(1)

Separated from any and every other attached dwelling unit by a firewall.

(2)

Self-contained within defined limits with individual heating or air conditioning systems and separately metered utilities.

(3)

Served by a private entrance.

Only the land which is directly beneath the dwelling unit is to be individually owned.

Portable structure means a structure or building designed to be movable from one location to another which is not designed to be permanently attached or permanently anchored to the ground, and which is not within the definition of the term "modular building" or "mobile building;" such as pushcarts, bicycle carts, motorized carts, tents, etc.

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

Public art display means a permanent work of visual art intended for the enjoyment of the general public and adornment of public space that is placed where it is accessible to view. Examples may include, but are not limited to, one or more of the following: sculptures, monuments, statuary, murals, mosaics, and mobiles.

Recovered materials means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Recovered materials processing means any lot, land, structure, or facility, or part thereof, utilized for the purpose of collecting, sorting, processing for resale, and transport of materials to be recycled or reused, including: plastics, glass, paper, aluminum and scrap metals. Recovered materials processing does not include any operation which changes the nature of a material, its chemical composition or its physical qualities. A special use permit is required to operate a recovered materials processing facility on private property, subject to the following requirements:

(1)

Activities shall be limited to collection, sorting, packaging, resale, and shipping.

(2)

Recovered materials processing prohibited in Redevelopment Area Overlay district.

(3)

Outside storage is prohibited.

(4)

All materials delivered outside of structure must be removed from any outdoor unloading area and brought into a fully enclosed interior space within the time limit as established per the special use permit.

(5)

All materials collected shall not be visible once deposited in a bin or bunker. All sorting and collection bins shall be enclosed and stored inside a fully-enclosed building.

(6)

A minimum distance of 1,000 linear feet is required for properties located adjacent to or across the street from any property used for or zoned for residential use.

(7)

Lighting for such facilities shall be placed in such a fashion as to be directed away from any nearby residential areas.

Recycling means the process by which recovered materials and waste products are reduced to raw materials and transformed into new and often different products. Such use is prohibited in the city.

Regional stormwater management facility refers to stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Residential/business dwelling means a type of attached dwelling in which a commercial business or office may be operated in the basement or first floor/story of the structure. The business need not be operated by the resident of the dwelling.

Residential property means:

(1)

Any lot or other tract of land zoned in any of the following districts under this chapter: R100, R75, R65, RMD, RM6, RM8 and RM10;

(2)

Any lot or other tract of land adjoining, abutting or within 1,000 feet of the city limits in any of the following districts, as defined in the 1985 Zoning Resolution of Gwinnett County, Georgia, as amended: RA200, R140, R100, R75, R60, R100M, R75M, RZT, RTH, RL, RMD, RM, MH, MHS, RM6, RM8, RM10 and RM13.

Sign means and includes every outdoor advertising device, billboard, poster, panel, statuary, freestanding ground sign, sign painted on or affixed in any manner to a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustrations or insignia used to advertise or promote the interests of any person, group, organization, corporation or other legal entity, when the same is placed in view of the general public traveling along a public street right-of-way.

Sign area means the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.

Sign, awning, means a sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.

Sign, billboard, means a stanchion sign with a sign area greater than 181 square feet.

Sign, business or institution identification, means a sign that may give the name and address of a business or institution that is located on the premises on which the sign is placed, as well as the nature of its activity.

Sign, freestanding, means a sign securely affixed to a steel support structure which is permanently attached to the ground and wholly independent of any building for support, such as monument or stanchion signs.

Sign height is measured to the highest portion of the sign, including any molding, trim, border or frame.

Sign, monument, means a freestanding sign mounted directly upon the ground. Such sign may not be attached to or be a part of or supported by the building in or to which the sign applies.

Sign, portable, means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an A- or T-frame sign or attached temporarily or permanently to the ground.

Sign, reader board, means any sign that is designed so that its letters and numbers can be changed.

Sign, stanchion, means a freestanding sign mounted on one or more steel poles set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon or is supported by such poles.

Sign, temporary, means a sign of a nonpermanent nature.

Sign, wall , means a sign applied or mounted to the wall or surface of a building or structure. The total lettering on one side of a building or structure shall constitute one wall sign.

Single building means a single building containing a single use or tenant where there are one or more entrance ways for the individual use or tenant.

Single development means a single development containing a single use or tenant where there are one or more entrance ways for the individual use or tenant.

Special exception means a use listed in this chapter is permitted if it meets stated conditions and is approved by the Zoning Board of Appeals after a public hearing.

Street means a thoroughfare that affords the principal means of access to abutting property.

Street, local, residential arterial, major collectors, minor arterials, major arterials, principal arterials and interstates, means the streets that are shown as such on the Official Thoroughfare Map of the City of Norcross, prepared by Robert G. Appleby, G.I.S. Consultants, which has been adopted by the Mayor and Council, was last revised in May of 1998, and which is on file in the Office of Community Development.

Structure means anything constructed or erected on the ground or attached to something on the ground.

Surface, improved, means an area no less than nine feet by 19 feet in size, constructed roughly on or slightly above level grade, comprised of a veneer of hard material installed over a compacted sub-base of foundation material.

Use means the purpose for which land, premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied, used or maintained.

Use, accessory, means a use or building customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

Use, permitted, means a use which is lawfully established in a particular district and which conforms to all requirements, regulations and performance standards of such district. A permitted use may be a principal use or an accessory use.

Use, principal, means a use or structure which determines the predominant or major use of the lot on which it is located. A principal use may be either a permitted or a special use.

Use, protected, refers to:

(1)

A church, mosque, synagogue or other place of worship;

(2)

A public or private nursery school or any other public or private school serving any one or more grades K through 12;

(3)

A child care facility, licensed by the Georgia Department of Human Resources;

(4)

A public park, playground or playing field;

(5)

A public or private cemetery.

Use, special (conditional), means either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration of the public need for the particular use at the specific location, a permit for such special use may be granted by the City Council or the Community Development Director. A special use may be a principal use or an accessory use.

Variance means a modification of the specific provisions of this zoning chapter granted when strict enforcement of the zoning chapter would cause undue hardship owning to circumstances unique to the individual property on which the variance is granted.

Wayfinding means specialized signs giving directions of various nearby attractions that are placed in public view for the convenience and information of visitors and patrons.

Yard means an open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure, except as otherwise provided herein.

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

Yard, rear, means an open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building or use projected to the side lines of the lot.

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

(Code 1979, § 8-4-5; Code 1998, § 106-5; Ord. No. 10-95, 8-7-1995; Ord. No. 16-96, 8-5-1996; Ord. No. 21-96, 10-7-1996; Ord. No. 06-2002, § 106-5, 3-4-2002; Ord. No. 10-2002, § 106-5, 6-3-2002; Ord. No. 18-2003, 12-1-2003; Ord. No. 06-2005, § 106-5, 9-6-2005; Ord. No. 11-2008, § 106-5, 5-5-2008; Ord. No. 20-2008, § 106-5, 7-7-2008; Ord. No. 23-2008, pt. I(106-5), 9-8-2008; Ord. No. 10-2009, pt. I, 7-6-2009; Ord. No. 17-2009, pt. I, 8-3-2009; Ord. No. 25-2011, 12-5-2011; Ord. No. 03-2013, § 1, 3-4-2013; Ord. No. > 09-2015 , § I. 12-7-2015; Ord. No. 1-2016 , § IA, 3-7-2016; Ord. No. 07-2016 , § I, 7-5-2016; Ord. No. 11-2016 , § I, 11-14-2016)