Except as specifically defined in this title, all words used in this title shall be as defined in the Illustrated Book of Development Definitions (1981, Rutgers). Words not defined in this title or in the above book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence, section and chapter in which they occur.

For the purpose of this title, certain words or terms used in this title shall be defined as follows:

A.

Words used in the singular include the plural and words used in the plural include the singular.

B.

Words used in the present tense include the future tense.

C.

The word "erected" includes the words "constructed," "moved," "located" or "relocated."

D.

The word "lot" includes the word "plot" or "parcel." The word "map" or "zoning map" means the Zoning Map of Auburn, Georgia.

E.

The word "person" includes the words "individuals," "firms," "partnerships," "corporations," "associations," "governmental bodies" and all other legal entities.

F.

The word "shall" is always mandatory and never discretionary.

G.

The words "used" or "occupied" include the words "intended, arranged or designed to be used or occupied."

(Ord. 265A (part), 2001)

For the purpose of this title, certain works or terms used in this title shall be defined as follows:

a.1

"Accessory structure:" A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Signs and fences are not to be considered as accessory buildings. A detached accessory building shall be one that does not have a common wall with the main building on the same lot.

a.2

"Accessory use:" The 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.

a.3

"Addition (to an existing building):" A walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a four-hour fire wall. Any walled and roofed addition which is connected by a four-hour fire wall or is separated by independent perimeter load-bearing walls is new construction.

a.4

"Adult entertainment establishment:" Any one or any combination of the following:

a.4.1

"Adult bookstore:" An establishment having a substantial or significant portion of its stock in trade, books, printed materials, magazines or other periodicals or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising at least five percent of its total floor space, devoted to the sale or consisting of said printed material or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

a.4.2

"Adult business:" An establishment other than those expressly specified in this section, where employees or patrons expose specified anatomical areas or engage in specified sexual activities;

a.4.3

"Adult motion picture theater:" An enclosed building with a capacity of fifty or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

a.4.4

"Adult mini-motion picture theater:" An enclosed building, or enclosed or semi-enclosed room or booth within an enclosed building, with a capacity of less than fifty persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas for observation by patrons therein;

a.4.5

"Adult motion picture arcade:" A place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

a.4.6

"Adult video store:" An establishment having a substantial or significant portion of its stock in trade, videotapes, movies, CD-ROMS or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising of least five percent of its net sales from said videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

a.4.7

"Erotic entertainment/dance establishments:" A nightclub, theater or other establishment which features live performances by dancers, entertainers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;

a.4.8

"Escort bureau, introduction services:" A business, agency or persons who, for fee, commission, hire, reward, profit or other consideration furnishes or offers to furnish names or persons, or who introduces, furnishes or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusements, or who may consort with others about any place of public resort or within any private quarters;

a.4.9

"Lingerie modeling studio:" An establishment wherein a patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments.

a.5

"Adult service facility:" A commercial establishment in which the patron directly or indirectly is charged a fee to engage in private, personal contact with employees, patrons, or personnel primarily for entertainment purposes, using steam rooms or other devices or equipment provided by the establishment, and that is not otherwise regulated as an adult entertainment establishment or massage establishment.

a.6

"Alley or service drive:" A minor, permanent, public serviceway, which is used primarily for vehicular service access to the back or the side for properties otherwise abutting on a street.

a.7

"Animal hospital:" A facility for the treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. This facility may include the boarding of animals in outside runs or kennels.

a.8

"Animal quarters:" A 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.

a.9

"Apartment:" A room or suite of rooms used as a dwelling for one family which does its cooking therein.

a.10

"Apartment house:" A residential structure containing three or more apartments.

a.11

"Applicant:" A person, either the owner or the bona fide representative of the owner of land or structures governed by these regulations, who seeks authority to use, develop, construct upon or otherwise enjoy the use of property through any of the procedures established under these regulations.

a.12

"Automobile graveyard:" An establishment which is maintained or used for storing, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

a.13

"Aquifer:" A stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

a.14

"As-built:" Survey. See "Record drawing."

b.1

"Basement:" That portion of any building for which the finished surface of its floor meets any of the following conditions:

b.1.1

More than six feet below grade;

b.1.2

More than six feet below the finished ground level for more than fifty percent of the total building perimeter; or

b.1.3.

More than twelve feet below the finished ground level at any point.

b.2

"Base flood:" A flood which has a one percent probability of occurring in any calendar year (i.e., the 100-year frequency flood).

b.3

"Base flood elevation:" The highest water surface elevation anticipated at any given point during the base flood.

b.4

"Block:" A piece or parcel of land entirely surrounded by public streets, other than alleys.

b.5

"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, nontransient persons.

b.6

"Breakaway wall:" A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

b.7

"Buffer:" Land area used to visibly separate one use from another through screening and distance; to shield or block noise, light, glare, or visual or other conditions; to block physical passage to nonsimilar areas; or to reduce air pollution, dust, dirt and litter.

b.8

"Buffer, construction. Construction buffer:" A type of buffer which is temporary and remains in effect during the construction of a project.

b.9

"Buffer, watershed protection. Watershed protection buffer:" A natural or enhanced vegetated area with no or limited minor land disturbances located adjacent to perennial streams within the watershed that flows into the water supply withdrawal.

b.10

"Buildable area:" The portion of a lot remaining after required yards (setbacks or buffers) have been provided.

b.11

"Buildable lot of record:" A lot or parcel of land which existed as a single parcel of ownership, recorded as such in its entirety and present boundaries with the clerk to the superior court of Gwinnett County and/or Barrow County which is shown in its entirety and present boundaries on a final plat or exemption plat duly approved under these or any previously applicable regulations providing for the subdivision of land in the city and recorded with the clerk to the superior court of Gwinnett County and/or Barrow County.

b.12

"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.

b.13

"Building setback line:" A line across a lot parallel to a street right-of-way or other property line establishing the minimum open space to be provided between any principal building and the street or other property line. All building setback lines shall be at least as restrictive as the corresponding minimum yard setbacks required in this title. On corner lots, the minimum required front yard setback shall be provided along all abutting streets.

b.14

"Buildings, metal:" A structure which has a roof, and which is designed for the shelter, storage, housing or enclosure of persons, animals or property of any kind, and is constructed of exterior metal panels or pieces. This shall not include residential structures intended for occupancy with an exterior finish of aluminum siding where such siding is commonly used for residential structures.

c.1

"Canopy:" A protective covering of a roof like structure, that is free standing, for the protection from the weather elements, not for the case of human habitation, but affixed permanent to the ground. All canopies shall be located at least fifteen feet from any public rights-of-way.

c.2

"Cellar:" See "Basement."

c.3

"Certificate of occupancy:" A final approval by the city for the use or occupancy of a structure for which a building permit was issued, a compliance approval or certificate authorized and issued by the city building inspector indicating that the use of the building or land in question is in conformity with this title, or that a legal variance there for has been approved.

c.4

"Cattery:" A place that regularly breeds, boards, trains, buys, herds, sells or trades any cat.

c.5

"Cluster homes:" A group of single-family or multifamily housing units sharing common open space in an approved planned unit residential development.

c.6

"City:" The City Auburn, Georgia; or the mayor and city council of the city; or the city council's designee to review and approve or comment on plans for construction, submitted to be approved under the Auburn development regulations (Title 16).

c.7

"City clerk:" The City of Auburn city clerk or her/his designee.

c.8

"City council:" The elected officials of the City of Auburn.

c.9

"City hall:" The building housing the municipal and administrative offices of city government.

c.10

"Clearing:" The removal of trees or other vegetation, but not including grubbing activities.

c.11

"Community shelter:" A nonprofit, institutional use comprised of a building, institutional in nature, which provides overnight shelter, sleeping accommodations and services, and not otherwise mandated by the state government, for related or nonrelated individuals for a period of time not to exceed fifteen hours every twenty-four hours.

c.12

"Compensation, flood:" The replacement of flood storage capacity lost as the result of floodplain encroachment.

c.13

"Composting facility, municipal solid waste:" An establishment converting municipal solid waste to humus through a controlled process of degrading organic matter by microorganisms.

c.14

"Composting facility, yard trimmings:" An establishment converting yard trimmings to humus through a controlled process of degrading organic matter by microorganisms. This definition does not include composting conducted on a residential lot for home gardening purposes.

c.15

"Comprehensive plan:" A plan summarizing and illustrating the adopted goals and objectives of the city council regarding the future location and character of anticipated land uses, transportation, and other public facilities in the city. The term "comprehensive plan" includes component or functional plans for the city, including, but not limited to, a plan for land use (i.e., land use plan) or a plan for transportation facilities.

c.16

"Concept plan:" A drawing which shows the overall design or layout (e.g., a concept plan) of a proposed development, and which may include lots and streets in a subdivision or the general location of buildings and improvements for a multifamily or nonresidential project, and which may be drawn to approximate dimensions in a freehand style.

c.17

"Conditional zoning:" The granting or adoption of zoning for a property subject to compliance with restrictions as to use, size, project design or timing of development, stipulated by the city council of the city to mitigate adverse impacts that could be expected without the imposition of such conditions.

c.18

"Condominium:" A building or group of buildings in which dwelling units, offices or floor area are owned individually, and the structure, common areas and common facilities are owned by all the owners on a proportional, undivided basis in compliance with Georgia law.

c.19

"Congregate personal care home:" A home for individuals which offers care to sixteen or more persons (see "personal care home").

c.20

"Convalescent home:" See "Nursing care facility."

c.21

"Convenience store:" Any retail establishment offering for sale items such as gasoline, household items, newspapers and magazines, prebaked food products, sandwiches and other freshly prepared foods and beverages, for off-site consumption.

c.22

"Council:" The city council of the City of Auburn, Georgia.

c.23

"County:" Refer to Gwinnett County and/or Barrow County or the appropriate Gwinnett County and/or Barrow County department, offices affected.

c.24

"Cul-de-sac:" A street having one end open to traffic and being permanently terminated within the development by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround.

c.25

"Customary home occupation:" An occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products or services produced on the premises, conducted entirely within the dwelling by members of the immediate family residing in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products and no outdoor advertising.

d.1

"Day care facility:" A structure or portion of a structure wherein is provided care and supervision of persons away from their place of residence for less than twenty-four hours per day on a regular basis for compensation. For the purposes of this title the term "day care" includes but is not limited to, the terms "nursery school," "early learning center," "pre-kindergarten," "private kindergarten," "play school," "pre-school," "group day care home" and "family day care home."

d.2

"Density:" The number of families, individuals, dwelling units or housing structures per unit of land. Gross density includes all the land within the boundaries of the particular area excluding nothing. Net density excludes street right-of-way dedications, land identified as a flood hazard area or within any electricity or gas transmission easement or right-of-way.

d.3

"Department of Transportation:" The state of Georgia Department of Transportation.

d.4

"Developer:" Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit who directs the undertaking or purposes to undertake development activities as defined in this title, whether the development involves the subdivision of the land for sale to individual users, the construction of buildings or other improvements on a single land ownership, or both.

d.5

"Development" or "a single development:"

d.5.1

(verb) All activities associated with the conversion of land or the expansion or replacement of an existing use to any new use intended for human operation, occupancy or habitation, other than for agricultural purposes, devoted strictly to the cultivation of the land, dairying or animal husbandry. Such activities include land disturbance (clearing; clearing and grubbing the land of vegetation and stumps, or grading) and the construction of improvements such as, but not limited to, streets, driveways or parking areas, water or sewer mains, storm water drainage facilities, sidewalks or other structures permanently placed on or in the property;

d.5.2

(noun) Where appropriate to the context, the term "development" also may be used to denote a specific subdivision or project which is a single entity or intended to be constructed as in interrelated whole, whether simultaneously or in phases. Any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership.

d.6

"Development agreement:" A written contract between the city and a property owner or developer that specifies the system improvements to be provided by the developer for a specific project.

d.7

"Development permit:" An official authorization issued by the city permitting clearing, grubbing, grading or construction of storm drainage facilities, access drives, streets, parking or other improvements exclusive of buildings.

d.8

"Development plans:" The detailed and professional plans showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the preliminary plat or site plan (as applicable), grading plan, (tree preservation/replacement plan), erosion and sediment control plan, buffer and landscape plan, and construction drawings for streets, stormwater drainage facilities, sanitary sewers, water supply facilities and other site improvements.

d.9

"Development regulations:" The development regulations of Auburn, Georgia (Title 16 of this Code) which are administered by the city or its designee.

d.10

"Diameter breast height (dbh):" The diameter of a tree measured at a point four and one-half feet above the ground.

d.11

"Drainage improvements:" Those facilities and structures intended to control and direct the passage of stormwaters and other surface water flows from and across a property; including, but not limited to, swales and ditches, cross drains and other piping systems, catch basins, detention ponds and velocity dissipation devices.

d.12

"Dripline:" A line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground; i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip.

d.13

"Driveway:" A vehicular access way in private ownership, other than a private street, which provides access primarily to only one property, or to no more than two single-family detached residences.

d.14

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

d.15

"Duplex:" A dwelling containing two independent units in a single structure.

d.16

"Dwelling:" A building which is designed or used exclusively for residential purposes, including single-family, duplex and multiple family residential buildings, rooming and boarding houses, fraternities, sororities, dormitories, manufactured homes and industrialized homes, but not including hotels and motels.

d.17

"Dwelling, attached:" A dwelling containing three or more dwelling units which are joined only by common vertical walls.

d.18

"Dwelling, multiple:" A dwelling containing three or more dwelling units or designed for occupancy by a fraternity or sorority or by three or more boarders or roomers.

d.19

"Dwelling, one-family:" See "Dwelling, single-family."

d.20

"Dwelling, single-family:" A dwelling containing one and only one dwelling unit, other than a manufactured home.

d.21

"Dwelling, two-family:" See "Duplex."

d.22

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

d.23

"Dwelling unit, efficiency:" A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

e.1

"Easement:" A grant by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

e.2

"Egress:" A point of exit by persons or vehicles from a building or parking area.

e.3

"Elevated building:" A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

e.4

"Erosion control regulations:" The City of Auburn soil erosion and sediment control ordinance, or State of Georgia erosion and sediment control laws.

e.5

"Exemption plat:" A subdivision plat drawn to standards, as contained in this title, prepared in accordance with one of the exemptions provided under Section 16.12.040 of the Auburn Development Regulations (Title 16).

f.1

"Family:" An individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. The term "family" does not include any organization or institutional group.

f.2

"Family day care home:" A customary home occupation which provides for no more than six persons who are not residents of the premises, care and supervision by a State of Georgia registered resident adult for less than twenty-four hours per day on a regular basis for compensation.

f.3

"Family personal care home:" A customary home occupation which provides a home for individuals in a family-type residence, noninstitutional in character, which offers care to two through six persons (see "personal care home").

f.4

"Federal Emergency Management Agency (FEMA):" The federal agency which administers the National Flood Insurance Program. This agency prepares, revises and distributes the maps and studies referenced in this title and the development regulations of the city.

f.5

"Fee simple:" A form of property ownership in which the buildings and surrounding lands are owned by the same person.

F.6

"Feed lot:" A tract of land or structure, pen or corral, where cattle, horses, sheep, goats and swine are maintained in close quarters (average density of five or more livestock animals per acre for a period exceeding six months per year) for the purpose of fattening such livestock for final shipment to market.

f.7

"Final plat:" A finished drawing of a subdivision showing completely and accurately all legal and boundary information and certifications required by the Auburn Development Regulations (Title 16).

f.8

"Fence:" A structural barrier for enclosure, screening or demarcation, presenting a solid face or having openings amongst or between its constituent members; also, a wall separate from or extending from a building.

f.9

"Fire marshall's office:" The agency charged with the responsibility of enforcing the city's or Gwinnett County and/or Barrow County Fire Prevention and Protection Code, the Standard Fire Prevention Code, the National Fire Prevention Code and Georgia Handicap Laws.

f.10

"Flood" or "flooding:" A general and temporary condition or partial or complete inundation of normally dry land areas.

f.11

"Flood boundary and floodway map:" The official map issued by the Federal Emergency Management Agency, where the boundaries of the floodways are shown and the areas of special flood hazard have been defined as Zone "A."

f.12

"Flood hazard area:" See "Floodplain."

f.13

"Floodplain:" Those lands subject to flooding, which have at least a one percent probability of flooding occurrence in any calendar year; i.e., the 100-year frequency or base flood.

f.14

"Flood insurance rate map:" (FIRM) An official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the applicable risk premium zones.

f.15

"Flood insurance study:" The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary and floodway map and the water surface elevation of the base flood.

f.16

"Flood, regulatory:" The flood having a one percent chance of being equaled or exceeded in any given year assuming the drainage basin is fully developed as shown on the current land use plan. Only detention that can be shown that it will remain (i.e., owned by the city) and is large enough to be included in the hydrograph routings shall be considered when determining the flood peak.

f.17

"Flood prone area:" Includes the following:

f.17.1

Areas shown on the flood insurance rate map as an unstudied Zone "A"; or

f.17.2

Areas shown on the flood insurance rate map as Zone "B" (the 500-year flood); or

f.17.3

Low lying areas which contain a watercourse and have more than one hundred acres of surface drainage area above the property (i.e., areas along watercourses beyond the limits of study by FEMA).

f.18

"Flood, regulatory elevation:" The highest water surface elevation anticipated at any given point during the regulatory flood.

f.19

"Floodway:" The channel of river or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

f.20

"Floor:" 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 does not include the floor of a garage used solely for parking vehicles.

f.21

"Floor area:" The gross heated, finished horizontal area of the several floors of a dwelling unit exclusive of basement, attic, carport or garage.

f.22

"Floor area ratio:" The gross floor area of all heated floor space in all buildings or structures on a lot divided by the total lot area.

f.23

"Freeboard:" The distance between the base flood elevation and the top of a storm water detention structure.

f.24

"Frontage:" The horizontal distance for which the boundary line of a lot and a street right-of-way line are coincident.

f.25

"Functionally dependent facility:" A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a dock or boat ramp or recreational structures directly associated with a public use. The term does not include long-term storage, manufacture, sales or service facilities.

f.26

"Functions of wetlands:" The beneficial roles that wetlands serve, including storage, conveyance, and attenuation of floodwater and stormwater; protection of water quality and reduction of erosion; habitat for wildlife, including rare, threatened and endangered species; food chain support for a wide variety of wildlife and fisheries; educational, historical and archeological value protection; and scenic, aesthetic and recreational amenities.

f.27

"Fur farm:" A place that regularly breeds and raises rabbits, mink, foxes or other fur or hide-bearing animals for the harvesting of their skins.

g.1

"Garage:" An accessory building or portion of a principal building used primarily for the parking or storage of motor vehicles. A carport shall be considered as a garage to meet the requirements to construct a garage under Chapter 60 of this title; provided that it shall be constructed with a pitched roof, with materials of wood, brick or other material which matches the main structure.

g.2

"Gas recovery/gas cogeneration plant:" A facility operating as an accessory use to a landfill which extracts and utilizes landfill gases for the production of energy.

g.3

"Georgia DOT:" The Department of Transportation of the state of Georgia.

g.4

"Generalized wetland map:" A map which shows all wetlands within the jurisdiction of the city. The generalized wetland map shall be a subset map of the U.S. Department of Interior - National Wetlands Inventory Maps.

g.5

"Grading:" The movement, removal or addition of earth on a site by the use of mechanical equipment.

g.6

"Grading permit:" An official authorization issued by the city permitting grading of a site, and may include installation of attendant storm water drainage facilities.

g.7

"Ground coverage:" The area of a lot occupied by a building or buildings, but not including paved areas, expressed as a percentage of gross area of the lot.

g.8

"Groundwater:" See "Aquifer."

g.9

"Groundwater recharge area:" An area of the Earth's surface where water infiltrates the ground thereby replenishing the groundwater (aquifer) below the Earth's surface.

g.10

"Groundwater recharge area district:" All land within the city which are indicated as "most significant groundwater recharge areas" on the Ground-water Pollution Susceptibility Map of Georgia, Hydrologic Atlas Number 20.

g.11

"Group day care home:" An occupied dwelling in which the owner-occupant is licensed by the State of Georgia to provide care and supervision for more than six, but less than nineteen, persons who are not residents of the dwelling. Such care shall be provided for less than twenty-four hours a day on a regular basis for compensation.

g.12

"Group personal care home:" A home for individual persons in a residence or other type building, noninstitutional in character, which offers care to seven through fifteen persons (see "personal care home").

g.13

"Grubbing:" The removal of stumps or roots from a property.

h.1

"Hardship:" A condition of significant practical difficulty in using a lot because of physical problems relating solely to the size, shape or topography of the lot in question; and economic difficulties that are not self-imposed.

h.2

"Hard-surfaced area" or "all-weather surface:" An area which has been paved with asphalt or concrete confined by curbing, landscaping timbers, railroad cross-ties, brick or rock wall.

h.3

"Hazardous waste:" Any solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological wastes; highly flammable or explosive wastes; toxic wastes; sewage sludge; and other waste material that may be a hazard to the public health, safety or environment, except radioactive waste materials as defined by the State of Georgia.

h.4

"Hazardous material:" Any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq.

h.4.1

"Health department" means the Environmental Health Services Division of the Georgia Department of Human Resources or Gwinnett County and/or Barrow County Health Department which serves the city.

h.5

"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 parapet.

h.5.1

"High-rise apartment development" means a building or buildings of a least five stories containing multifamily dwelling units and developed in accordance with provisions of this title.

h.6

"Highest adjacent grade:" The highest natural (original) elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

h.9

"Hobby breeder:" An individual who owns any horse, purebred dog or pedigreed cat, any of which is registered with a national registry for the breed, who may intentionally breed the animal to preserve and further the respective breed with regard to physical and temperamental soundness and in conformance with official breed standards. Hobby breeding shall be deemed to be a customary home occupation only when the animals and/or their offspring are sold directly to retail purchasers and are not bred or sold for commercial resale, research or other purposes.

h.10

"Home occupation:" See "Customary home occupation."

h.11

"Hotel:" A building in which lodging or boarding and lodging are provided for more than twenty transient guests and offered to the public for compensation and in which ingress and egress to the from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment.

h.12

"House location plan (HLP):" A drawing showing lot information and all improvements, as outlined in Chapter 16.20 of the Auburn Development Regulations (Title 16).

h.13

"Hydric soils:" Soils that form as a result of saturated soils conditions. A list of these soils is maintained by the soil conservation service.

h.14

"Hydrophytic vegetation:" Macrophytic plants tolerant of or dependent on saturated soil conditions.

i.1

"Impervious surface:" A manmade structure or surface which prevents the infiltration of stormwater into the ground below the structure or surface. Some examples are buildings, roads, driveways, parking lots, decks, swimming pools, roofs or patios.

i.2

"Industrialized home:" 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. An industrialized home or modular home shall be certified by the manufacturer to meet the approval of the state building administration board (SBAB) to meet the same requirements as an on site-built home within the city.

j.1

"Junk:" Any old or scrapped copper, brass, rope, rags, batteries, paper, trash, rubber, debris to waste; junked dismantled to wrecked automobiles, or parts therefrom; or iron, steel and other scrapped ferrous or nonferrous materials.

j.2

"Junk vehicle:" Any vehicle which is nonoperable, or any vehicle which does not bear a current license plate/tag.

j.3

"Junkyard:" 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 house wrecking and structural steel materials and equipment; or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

j.4

"Jurisdictional wetlands determination:" A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C. § 1344, as amended.

j.5

"Jurisdictional wetland:" A wetland area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

k.1

"Kennel:" Any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any dog.

k.2

"Kitchen facilities:" A room used to prepare food containing, at a minimum, a sink and a stove or oven.

l.1

"Lakes, existing and proposed:" An inland body of water fed by springs, creeks and surrounding runoff which has a surface area in excess of two acres of water measured at outflow structure elevation. An existing lake is a body of water, formed by a natural or manmade dam, which is not increased as a result of development by more than twenty-five percent. A proposed lake is a body of water, which is created by a developer or is an existing lake, which realizes an increase of twenty-five percent or more as a result of development. Any body of water which has a surface area of two acres or less measured at outflow structure elevation shall be considered floodplain for the purpose of calculating required open space.

l.2

"Land disturbance permit:" Any permit other than a building permit issued by city that authorizes clearing or grading activities on a site or portion of a site. Said permit may be a clearing, clearing and grubbing, grading, or development permit as defined in the city development regulations (Title 16).

l.3

"Landfill:" A method a disposing of waste on land by placing an earth cover thereon. The term "landfill" includes construction and demolition debris landfill, hazardous waste landfill, industrial waste landfill, inert waste landfill, mono-fill, municipal solid waste landfill and private industry landfill. The term "landfill" does not include approved on-site disposal of inert waste at a building, land disturbing or development site.

l.4

"Landfill, construction and demolition waste:" Landfill in which construction/demolition waste is disposed. "Construction/demolition waste" means waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to, asbestos containing waste, wood, bricks, metal, concrete, wallboard, paper, cardboard, inert waste landfill material and other nonputrescible wastes, which have a low potential for groundwater contamination.

l.5

"Landfill, hazardous waste:" A landfill in which hazardous waste is disposed. Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by U.S. EPA pursuant to the federal act codified as 40 C.F.R. Section 261.3 or by the Georgia Hazardous Waste Management Act.

l.6

"Landfill, industrial waste:" A commercially operated landfill for the disposal of solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated by the U.S. EPA or the Georgia Hazardous Waste Management Act. Such waste includes, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

l.7

"Landfill, inert waste:" A landfill accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trash, stumps, limbs and leaves. This definition excludes other types of industrial and demolition waste not specifically listed above.

l.8

"Landfill, municipal solid waste:" A disposal facility where any amount of municipal solid waste, whether or not mixed, with or including commercial waste, industrial waste, nonhazardous sludges or small quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon. Municipal solid waste means any solid waste derived from households, including garbage, trash and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds and day use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agriculture, or silvicultural operations or industrial processes or operations.

l.9

"Landfill, private industry:" A landfill which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.

l.10

"Landscape strip:" Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

l.11

"Land use:" A description of how land is occupied or utilized.

l.12

"Large quantity generator of hazardous waste:" Any person, corporation, partnership, association or other legal entry that is defined as a "large quantity generator" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. and that is regulated by the State of Georgia under that section.

l.13

"Leachate collection system:" A system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.

l.14

"Livestock:" Includes cattle, horses, goats, sheep, swine and other hoofed animals; poultry, ducks, geese and other live fowl; and rabbits, mink, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins; whether owned or kept for pleasure, utility or sale.

l.15

"Liquor store:" A retail shop which sells alcoholic beverages for off-site consumption.

l.16

"Loading space:" Off-street vehicle parking space reserved for bulk pickups and deliveries.

l.17

"Lot:" A developed or undeveloped tract of land established by plat, subdivision, or as otherwise permitted by law and in one ownership legally transferable as a single unit of land. A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development or both. In determining the area and dimensions of a lot, no part of the right-of-way of a road or crosswalk may be included.

l.18

"Lot, area:" The total area within the lot lines of a lot, excluding any street rights-of-way and any area used for a detention/retention pond.

1.19

"Lot, buildable area:" The portion of the lot remaining after required yards have been provided. Buildings may be located within any portion of the buildable area of a lot, except that if there are lot coverage limitations which exceed the area in required yards.

l.20

"Lot, conforming:" A designated parcel, tract, or area of land which meets the lot area and lot width requirements of the Auburn Development Regulations (Title 16), which has the amount of road frontage required by Auburn's development regulations, and which has its own independent driveway located entirely within its boundaries and connected to a public street.

l.21

"Lot, corner:" A lot abutting upon two or more streets at their intersection.

l.22

"Lot coverage:" A portion of a lot that is covered by buildings, structures, driveways and parking areas, and other any impervious surface.

l.23

"Lot, depth:" The mean horizontal distance between the front and rear lot lines, measured generally perpendicular to the front lot line.

l.24

"Lot, double frontage:" A lot that abuts two parallel streets or that abuts two streets that do not intersect at the boundaries of the lot. A double frontage lot may also be referred to as a through lot.

l.25

"Lot, frontage:" See "Road frontage."

l.26

"Lot, interior:" A lot, other than a corner lot, abutting only one street.

l.27

"Lot of record, nonconforming:" A designated parcel, tract or area of land, legally existing at the time of enactment of Auburn's development regulations (Title 16) or amendment of the regulations which does not meet the lot area, lot width, or public street frontage and access requirements of the Auburn Development Regulations.

1.28

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

1.29

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

1.30

"Lot width (cul-de-sac):" A lot having the majority of its frontage on a cul-de-sac, the lot width shall be 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.

m.1

"Major intersection:" The intersection of two or more public streets in which at least one of the streets is an arterial or major collector as designated by the Auburn or Gwinnett County and/or Barrow County Comprehensive Plan or Road Classification Map.

m.2

"Major thoroughfare:" Any public street, existing or proposed arterial or major collector, which is identified or shown in the Auburn or Gwinnett County and/or Barrow County Road Comprehensive Plan or Road Classification Map.

m.3

"Manufactured home:" A dwelling which does not meet the standards of an "industrialized home," but is certified by the State of Georgia as meeting the National Manufactured Home Construction and Safety Standards and is transportable in one or more sections, which is at least ten feet wide and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and has plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" includes the term "mobile home."

m.4

"Manufactured home lot:" A parcel of land for the exclusive use of the occupants of a single manufactured home.

m.5

"Manufactured home park:" A parcel of land that has been planned and improved for the placement of manufactured homes for nontransient use under single or corporate ownership.

m.6

"Mayor:" The duly elected head of the city which presides over the city council meetings.

m.7

"Mean sea level:" The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the Auburn Development Regulations (Title 16), the term is synonymous with National Geodetic Vertical Datum (NGVD).

m.8

"Mobile home:" See "Manufactured home."

m.9

"Modular home:" See "Industrialized home."

m.10

"Monofill:" A method of solid waste disposal that involves the disposing of one waste type or wastes having very similar characteristics in a segregated trench or area which is physically separated from dissimilar or incompatible waste. "Solid waste" means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and community activities, but does not include recovered materials; solid dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended.

m.11

"Motel:" A building or group of buildings where lodging is provided for more than ten persons and offered to the public for compensation and in which ingress or egress to and from all rooms are made through private entrances.

n.1

"National Geodetic Vertical Datum (NGVD), as corrected in 1929:" means the vertical control used as a reference for establishing varying elevations within the floodplain.

n.2

"Natural vegetated area:" An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include:

n.2.1

Conservation or preservation of soil, water, vegetation, fish, shellfish or other wildlife;

n.2.2.

Outdoor recreation activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting;

n.2.3

Education, scientific research or nature trails;

n.2.4

Maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the pervious nature of the land are minimized;

n.2.5

Limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the permitted uses.

n.3

"New construction:" A structure for which the start of construction commenced on or after the effective date of this title.

n.4

"Nonconforming use and nonconforming structure:" See Chapter 17.80.

o.1

"Office park:" A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

o.2

"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 of land adjoining or neighboring such open space. Creditable open space shall not include any portion of an overhead power line easement, or any disturbed portion of a stormwater detention pond which is not part of an existing or proposed permanent lake or recreation area required by the city development regulations (Title 16).

o.3

"Owner:" A person having a majority fee simple interest in real property, or a majority interest through any other form of ownership.

p.1

"Pedestrian way:" A right-of-way within a block dedicated to public use, intended primarily for pedestrians and from which motor propelled vehicles are excluded.

p.2

"Perennial stream:" A stream which flows throughout the entire year as indicated by a solid blue line on a U.S.G.S. 7½-minute topographic series map.

p.3

"Person:" A individual, firm, partnership, corporation, joint venture, association, social club, fraternal organization, estate, trust, business trust, receiver, syndicate or other group or combination acting singularly or collectively for a common purpose, and the duly authorized agents thereof.

p.4

"Personal care home:" A residence or building composed of related or nonrelated individuals with one or more surrogate parents that function as a single housekeeping unit. All personal care homes shall be approved and licensed by Georgia Department of Human Resources.

p.5

"Petroleum products recycling center, accessory:" A facility storing, reclaiming or containing used petroleum products which is accessory to an automotive service establishment, industrial establishment or similar use.

p.6

"Pet:" 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 wild animals shall not be deemed pets.

p.7

"Plat:" A map indicating the subdivision, resubdivision or recombination of land, or survey of a tract of land giving all metes and bounds of the boundary as surveyed by a registered land surveyor.

p.8

"Preliminary plat:" A drawing which shows the perimeter boundary, topography, lotting arrangements, street layout and other features of a proposed subdivision, as specified in these regulations.

p.9

"Pollution susceptibility:" The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from solid waste sites or other human activity.

p.10

"Pollution susceptibility map:" Maps prepared by the Georgia Department of Natural Resources (DNR) that show relative pollution susceptibility of groundwater recharge areas. The pollution susceptibility map categorizes the land areas of the state into areas of high, medium and low groundwater pollution potential.

p.11

"Principal use:" The primary or predominant purpose for which a lot is occupied and/or used.

p.12

"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 landowners involved and not by any city or other public agency.

p.13

"Project:" A principal building or structure, or group of buildings or structures, planned and designed as an interdependent unit together with all accessory uses or structures, utilities, drainage, access and circulation facilities, whether built in whole or in phases. Examples include a principal building on a lot, a residential subdivision, a multifamily development, a shopping center or an office park.

p.14

"Project access improvement:" Any improvement or facility that is planned and designed to provide service or access for a particular project and which is necessary for the use and convenience of the occupants or users of the project and is not a system improvement. A project access improvement includes, but is not limited to, pedestrian access improvements, site driveways, new streets, median cuts, right turn lanes, left turn lanes, acceleration lanes and deceleration lanes made necessary to serve site driveways or new streets leading to or from the project, traffic control measures made necessary to serve site driveways or new streets, intersection improvements whose primary purpose at the time of construction is to provide access to the project; and necessary right-of-way dedications required for any project access improvement.

p.15

"Public improvements:" Any improvement or facility that is to be constructed on a parcel or lot for a particular project and which was required for the issuance of the permit by these regulations or other city-adopted ordinances or resolutions. Public improvements include, but are not limited to, project access improvements and stormwater drainage improvements.

p.16

"Putrescible wastes:" Wastes that are capable of being decomposed by microorganisms. Examples of putrescible wastes include, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes and garbage.

r.1

"Record drawing:" A survey or other drawing based on a field survey which shows existing features or components and horizontal or vertical information (grades or location of improvements).

r.2

"Recovered materials processing facility, accessory:" Any facility utilized for the purpose of collecting household and commercial materials to be recycled including, but not limited to, plastics, glass, paper, and aluminum materials whenever such use is customarily incidental to a shopping center, church, school, multifamily residential development, waste disposal facility or similar use.

r.3

"Recharge area:" Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer. (See also "Significant groundwater recharge areas.")

r.4

"Recovered materials processing facility, principle:" Any facility utilized for the purpose of collecting, sorting, processing and shipping materials to be recycled including, but not limited to, plastics, glass, paper and aluminum, whenever such use is principal to the site.

r.5

"Regulated activity:" Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States excepting those activities exempted in Section 404 of the Federal Clean Water Act.

r.6

"Residential shelter:" A nonprofit institutional use comprised of a residential building, which provides two or more beds and other facilities or services, including room and food service facilities and not otherwise mandated by state government for related or nonrelated individuals. Length of stay of the individuals is presumed to be of a temporary nature.

r.7

"Responsible party:" In the context of enforcement procedures, a person (as defined above) who is alleged to have committed, caused, continued or created a violation of the terms, requirements, regulations, or provisions of the Auburn Development Regulations (Title 16) or the Auburn Zoning Ordinance codified in this title, whether as a direct act, through lack of action or neglect, or at the direction of or on behalf of others. A responsible party may be the owner of the premises where a violation has occurred; an occupant whether through ownership, lease or other tenancy; a contractor, builder or developer; an agent of or person otherwise acting on behalf of the aforementioned parties; or other person acting in violation of the Auburn Development Regulations or the Auburn Zoning Ordinance.

r.8

"Road:" See "Street, public."

r.9

"Road, arterial:" A road/street shown as such in the Gwinnett County and/or Barrow County Comprehensive Plan, the City of Auburn Comprehensive Plan, which is on file in the city hall of the city, or the Gwinnett County and/or Barrow County Road Classification Map. With the principal arterial system, these roads form a rural network that links other cities, larger towns and other traffic generators, such as major resort areas capable of attracting travel over similarly long distances; links all developed areas of the state; and serve corridors with trip lengths and travel density greater than those predominantly served by rural collector or local systems. Minor arterial therefore constitute routes whose design should be expected to provide for relatively high overall travel speeds, with minimum interference to through-movement.

r.10

"Road frontage:" The distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by the city or Gwinnett County and/or Barrow County for vehicular traffic or over which the city or Gwinnett County and/or Barrow County may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways.

r.11

"Road, major collectors:" A road/street shown as such in the Gwinnett County and/or Barrow County Comprehensive Plan, the City of Auburn Comprehensive Plan, which is on file in the city hall of the city, or the Gwinnett County and/or Barrow County Road Classification Map. The primary purpose of a collector road is to collect and distribute traffic between the local streets and the major and minor arterial streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve the county rather than state traffic. Consequently, more moderate speeds are typical. They serve any county seat or larger town not on an arterial route, and other traffic generators of equivalent intra county importance, such as consolidated schools, shipping points, county parks, and important mining and agricultural areas; link the latter places with nearby larger towns or cities, or arterial and freeways; and serve the more important intra-county travel corridors.

r.12

"Road, minor collectors:" A road/street serving county-wide traffic. These roads should evenly collect traffic from local roads/streets and bring all developed areas within a reasonable distance of a collector road, provide service to the remaining smaller communities, and link the locally important traffic generators with rural areas.

r.13

"Roadway:" The paved portion of a street from edge to edge of pavement for streets not having curbs (or back of curb to back of curb), but excludes driveway aprons, bridges and large single and multicell culverts which in a hydrologic sense can be considered to function as a bridge.

s.1

"Salvage operation and/or junk yard:" A property used for outdoor storage, keeping, abandonment, sale or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, tires, batteries, salvage building wrecking and structural steel materials and equipment, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

s.2

"Scrap tire processing plant:" A facility which grinds, shreds, chops or otherwise processes scrap tires for secondary use.

s.3

"Screening:" A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.

s.4

"Sheet flow:" A diffused water running overland to a defined watercourse.

s.5

"Sign:" See sign definitions in Chapter 17.120.

s.6

"Significant groundwater recharge areas:" Areas mapped by DNR in Hydrologic Atlas 20 (1992 edition). Mapping of recharge areas is based on outcrop area, lithology (chemical, natural and formation of the rock, soil type, and thickness, slope, density of lithologic contacts, geologic structure, presence of "karst" topography (sinkholes, caves, and fissures associated with limestone and other carbonate rocks), and potentiometric surfaces.

s.7

"Silviculture:" The art of producing, reproducing and growing a forest of distinctive strand of trees.

s.8

"Site work:" A development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading and installation of soil sedimentation and erosion control facilities.

s.9

"Sketch plan:" See "Concept plan."

s.10

"Solid waste:" The putrescible and nonputrescible wastes, except water-carried body waste. The term includes garbage, rubbish, ashes, street refuse, dead animals, sewage sludge, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations.

s.11

"Solid waste transfer station:" Any facility which collects, consolidates and ships solid waste to a disposal facility or processing operation.

s.12

"Special exception:" A use listed in this title as permitted if it meets stated conditions and is approved by the zoning board of appeals after a public hearing.

s.13

"Special flood hazard area:" "A" zone on FIRM.

s.14

"Special use:" A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this title or required by the governing body.

s.15

"Start of construction:" Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within one hundred eighty days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or, the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

s.16

"Story:" The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A basement of a building shall not count as a story if the upper surface of the first floor above such basement complies with all of the following:

(1)

Is less than seven feet above grade;

(2)

Is less than seven feet above finished ground level for more than fifty percent of the perimeter of the building; and

(3)

Is less than twelve feet above the ground level around the entire building perimeter.

s.17

"Street:" See "Street, public."

s.18

"Street, private:" An access way similar to and having the same function as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway").

s.19

"Street, public:" A right-of-way dedicated to and accepted by the city for vehicular traffic or over which the city may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. For the purposes of these regulations, the term public street shall be limited to those which afford or could afford a direct means of vehicular access to abutting property, and exclude limited access roadways which abut a property but from which direct access may not be allowed under any circumstances.

s.20

"Street, local nonresidential:" A surface street intended primarily to provide local access to adjacent existing or planned commercial or industrial development and not for through traffic.

s.21

"Street, local residential:" A surface street intended primarily to provide local access to adjacent residential development and not for through traffic.

s.22

"Street, marginal access:" A local street which is parallel to and adjacent to a major thoroughfare and which provides access to adjacent properties and protection from through traffic.

s.23

"Structure:" Anything constructed or erected on the ground or attached to something on the ground.

s.24

"Subdivider:" Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as defined in this title, including an agent of the subdivider.

s.25

"Subdivision" means:

s.25.1

(verb) Any division or redivision of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or process of dividing property;

s.25.2

(noun) Where appropriate to the context, the term "subdivision" also may be used in reference to the aggregate of all lots held in common ownership at the time of division. A tract of land which has been divided into two or more lots, all fronting on a public street, and offered for sale as individual lots.

s.26

"Substantial improvement:" Any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be:

s.26.1

The appraised value of the structure prior to the start of the initial repair or improvement; or

s.26.2

In the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

s.27

"Surface treated area:" An area which has been covered with asphalt or concrete.

s.28

"System improvement:" Any improvement or facility such as streets, bridges or rights-of-way identified on the long range road classification map (i.e., the system"), and any traffic control measures, landscaping or other features to same, that is included in the Gwinnett County and/or Barrow County or Auburn Comprehensive Plan and which is further designed to provide service to the community at large.

t.1

"Temporary emergency permit:" A temporary permit that may be used issued in certain circumstances specified in this title.

t.2

"Tie point:" The point of reference for a boundary survey. Said point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record.

t.3

"Town house:" See "Dwelling, attached."

t.4

"Tree:" Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three inches at any point and a height of over ten feet.

t.5

"Tree diameter:" The widest cross-sectional dimension of a tree trunk measured at diameter breast height (dbh) or at any point below dbh for new trees or multitrunked species, but in no case less than six inches from the ground.

t.6

"Tree protection area:" Any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the buffer requirements of this title.

t.7

"Tree preservation/replacement plan:" A plan that identifies tree protection areas, existing trees to be preserved and proposed replacement trees to be planted on a property as well as methods of tree protection to be undertaken on the site and other pertinent information.

u.8

"Utility:" A public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water systems and railroads.

v.1

"Variance:" A relaxation of the terms of the Auburn zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not as a result of the action of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship.

v.2

"Veterinary clinic:" A facility for the treatment of domestic animals operated under the supervision of a licensed veterinarian. The boarding of animals is limited to short-term care incidental to the clinic use and does not take place in outside runs or kennels.

w.1

"Waste incineration facility:" Any facility which reduces waste volume by burning at a high temperature for a specified period of time. This term excludes air curtain destructors used for the on-site burning of yard trimmings and wood wastes at a building, land disturbing or development site.

w.1

"Watercourse:" A channel with a defined bed and banks, including lakes, ponds and marshes, or "state waters" as defined by state of Georgia Department of Natural Resources.

w.2

"Wetland:" An area that is inundated or saturated by surface water or ground water at a frequency and distribution sufficient to support, and under normal circumstances does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include swamps, marches, bogs and similar areas.

w.3

"Wetland delineation:" The establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the U.S. Army Corps of Engineers.

w.4

"Wetland protection district:" All wetlands within the jurisdiction of Auburn, Georgia which are indicated on the generalized wetland map as "wetlands providing significant wildlife habitat and/or which may be subject to extensive mitigation."

w.5

"Wild animal:" Any living member of the animal kingdom, including those born or raised in captivity; but excluding human beings, livestock, dogs and cats, rodents, hybrid animals that are part wild, captive-bred species of common cage birds and aquarium-kept fish, amphibians and reptiles.

y.1

"Yard:" 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 in this title.

y.2

"Yard, front:" 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 parallel to the street to the side lines of the lot. Corner lots shall be considered to have two front yards.

y.3

"Yard, rear:" 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.

y.4

"Yard, side:" 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.

z.1

"Zoning ordinance" means the adopted zoning ordinance of the city, as amended from time to time.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 2, 8-7-08)