DEFINITIONS
For the purpose of interpreting this Ordinance, certain words or terms used herein shall be defined as follows: Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot" or "parcel." The word "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "maps," "zoning map," or "Bartow County Zoning Map" means the "Official Zoning Maps, Bartow County, Georgia."
(Ord. of 7-21-2021(4))
Except as specifically defined herein all words used in this ordinance shall carry their customary meaning as defined by a standard dictionary. See section 11.1 for additional definitions relating to signs. See section 12.2 for additional definitions relating to telecommunications towers. See Chapter 4 (Adult Establishments) of the Bartow County Code for additional definitions related to adult establishments.
AGRICULTURAL AND ANIMAL-RELATED DEFINITIONS
As a matter of convenience, the following definitions relating to agriculture and animals are grouped together. Definitions contained herein may reference terms defined below under "Additional Definitions" and vice versa.
Agriculture: All agricultural practices, subdivided into two sub-classifications: 1) horticulture and 2) raising or keeping livestock.
Horticulture: The raising of crops, flowers, fruit, produce, plants, turf, trees, shrubs, and the like for purposes other than personal consumption or use (i.e., for commercial or industrial purposes, scientific purposes, for sale or income, etc.). Examples include, but are not limited to, row crops, fruit orchards, sod farms, tree farms, hydroponic farms, and commercial greenhouses, and shall include all associated activities.
Kennel: Any building, structure or facility, or any series of buildings, structures or facilities on one lot, where more than a total of eight (8) dogs are kept, raised, fed, sheltered or otherwise maintained, whether for personal, commercial or any other purposes. See Section 14-19 of the Bartow County Code for further regulations relating to dog enclosures, and for general regulations on keeping of dogs.
Livestock: All animals of the equine (Family: Equidae), bovine (Family: Bovidae), or swine (Family: Suidae) type (or similar animals), including, but not limited to, goats, sheep, mules, horses, hogs, pigs, and cattle; all poultry, including chickens, roosters, hens and similar birds; other birds raised or kept such as pigeons; other grazing animals; all ratites, including, but not limited to, ostriches, emus, and rheas; non-traditional livestock including, but not limited to, bison, deer, buffalo, alpaca and llamas; and other similar animals raised for profit or use, but not including dogs or cats. Livestock shall also include, but not be limited to, definitions under O.C.G.A. § 4-4-1.1 for "livestock" and O.C.G.A. § 4-4-80 for "poultry." Livestock is not permitted in any district other than A-1, except for the limited horse exception in RE-1 and RE-2. The term livestock or livestock animal shall include insects being used for food, food product or fiber production, including but not limited to, honey bees.
Livestock enclosure: Any structure, building, shelter, or other facility used for keeping, raising, feeding, sheltering or otherwise maintaining livestock. Fenced grazing land and fenced pasture for horses, cattle and other grazing animals shall not be included in this definition.
Meat processing facility: A facility to process cattle, swine or other livestock (other than chicken) into meat products or carcasses for sale as food or feed; e.g., a slaughterhouse, rendering plant, or similar facility. Permitted in A-1 as conditional use or I-2. Chicken processing facilities are separate uses permitted only in I-2.
Raising or keeping livestock: The raising or keeping of livestock for any purposes, commercial or personal. Examples include, but are not limited to, raising chickens or goats, chicken coops or houses, hog pens, cattle barns, commercial stables, private stables, livestock enclosures, and cattle or sheep or other livestock grazing, and shall include all associated activities.
ADDITIONAL DEFINITIONS
Accessory dwelling unit: A detached dwelling unit (such as a guest house, pool house or garage apartment) located on the same lot with a single-family dwelling unit. The square foot area of a guest house may not exceed fifty (50) percent of the heated and finished floor area of the principal building or one thousand (1,000) square feet in heated floor area, whichever is less, and may be used only by family members or guests without payment or consideration.
Accessory use: A use located on the same lot as the principal use, which is clearly incidental and secondary to the permitted use and which does not change the character of such use, including, but not limited to, private garages, bathhouses, greenhouses, tool sheds, storage buildings, or similar.
Adult establishment: An "adult arcade," an "adult bookstore," an "adult motion picture theater," a "semi-nude lounge," or a "sex paraphernalia store" as those terms are defined in Chapter 4 (Adult Establishments) of the Bartow County Code.
Alley: A minor way, public or private, used for service access to the back or side of properties otherwise abutting a street.
Apartments: A multi-family residential use of five (5) or more attached dwelling units for which rent is paid and no fee title is conveyed.
Assembly plant: A facility that performs the fitting together, or assembling of pre-manufactured parts into a complete article, sub-assembly, or product. A "heavy assembly plant" assembles products that exceed 200 pounds per unit (e.g. cars, motorcycles, etc.) or does not have a completely enclosed production line. These definitions shall not apply if a more specific use, term or definition is contained in this Ordinance.
Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.
Brewery: An establishment that manufactures malt beverages.
Brewpub: Any restaurant in which beer or malt beverages are manufactured or brewed, subject to the requirements of O.C.G.A. §§ 3-5-35—3-5-38, except package sales do not count towards the required point of alcohol sales at said restaurant.
Building: Any structure intended for shelter, housing, or enclosure of persons, animals, chattels or property, and usually having a roof supported by columns or by walls.
Building, accessory: A detached structure designed for the use of which is clearly incidental to and subordinate to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.
Building, principal: A building in which is conducted the main use of the lot on which said building is located.
Commercial or commercial operations: An activity undertaken for profit, income, or other business purposes, including sales or manufacture of goods or items; including sale of animals, and including boarding and breeding of animals, and similar activities.
Commercial vehicle: A duly licensed and registered vehicle used to transport passengers or property to further a commercial enterprise. A commercial vehicle must not be used as an office nor have customer entry for a retail transaction. For purposes of this Ordinance the following are also commercial vehicles: vehicles of more than 10,000 pounds gross vehicle weight; vehicles with a manufacturer's rated load capacity of more than ¾ ton; vehicles registered as commercial vehicles, common carriers, motor common carriers, or classified as "for hire" by the State of Georgia, other States, or the ICC; or a freight trailer, semi-trailer, flatbed, tanker trailer, log trailer or other commercial trailer exceeding 12 feet in length. A recreational vehicle, farm machine or farm vehicle for agricultural uses is not a commercial vehicle. See Sec. 6.8 for further regulations.
Conditional uses: A use not ordinarily permitted but which may be permitted upon the imposition of conditions related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; physical improvements to the property and infrastructure serving the property. A conditional use must be approved in the same manner as a rezoning request prior to the issuance of a permit. See Article XVI.
Conditional zoning: The imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this zoning ordinance and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property and infrastructure serving the property.
Condominium: Individual ownership units in a multi-family structure, combined with joint ownership of common areas of the building and grounds, or otherwise meeting the definition of Condominium in the Georgia Condominium Act, Title 44, Chapter 3, Article 3.
Conventional single-family housing (site-built home): A dwelling unit constructed on the site from materials delivered to the site, constructed in accordance with the applicable Standard Building Codes.
County: Bartow County, or the Commissioner of Bartow County, or the Commissioner's designee.
Craft distillery: An establishment where grains and/or fruits are distilled into spirituous liquor not to exceed 15,000 gallons per year, and which may include bottling, storage and aging facilities, as well as an area devoted to the sampling and sales of spirits and spirits-related products.
Data center: Commercial activity center associated with technology, information systems, data infrastructure, data hosting and management activities, and similar new information age uses such as data processing, storage, and related services. Structures and land may be used for uses customarily incidental to the primary permitted use. The following development standards shall apply:
1.
Buildings shall not exceed a height of seventy-five (75) feet, measured from structure pad level. Height limitations shall not apply to accessory structures such as water towers, conveyer belts, smokestacks and other incidental and uninhabited parts of industrial uses.
2.
Front, Side, and Rear yard setback: Fifty (50) feet.
3.
Minimum lot frontage: One hundred ten (110) feet adjoining a street.
4.
Minimum lot width at building line: One hundred ten (110) feet.
5.
Minimum lot acreage: Fifty (50) acres.
6.
Minimum buffer requirements. In addition to required setbacks, buffers shall be required in accordance with the applicable zoning district.
7.
Air conditioning units and HVAC systems. Air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping. This requirement shall not apply where the equipment is more than 100 feet from adjacent property lines.
8.
Front building facade. The front building facade of all principal buildings shall be oriented toward street fronts or adjacent arterial street fronts. This requirement shall not apply if the front of the building is greater than 500 feet from the public right-of-way or not visible from the public right-of-way.
9.
Security fencing. Security fencing and walls shall not be located within the required buffer unless it complies with the general regulations pertaining to fencing. Fences and walls outside the required setback and buffer provided above shall not be subject to height limitations.
10.
Accessory structures. Accessory structures shall be subject to the standards of the applicable zoning district. Notwithstanding other provisions of the code, guard houses and secured entry features shall be permitted at public road entrances.
11.
Internal development roads may be public or private and are subject to the county engineering standards of the development regulations.
12.
Exterior illumination shall be shielded, downcast, and of a luminosity designed to maintain the existing night sky darkness and to prevent light trespass onto adjacent properties. In order to obtain that objective, the following criteria shall be met:
a.
All fixtures shall be full cut-off type fixtures;
b.
Light poles shall be no taller than 25 feet in height;
c.
All light poles must be setback a minimum of 10 feet from any exterior property line; and
d.
Maximum foot-candles at the property line shall be 0.5.
The zoning administrator may require a photometric lighting plan which shows conformity with these requirements as part of any building permit application.
13.
In order to ensure that data centers do not contribute to noise pollution, all data centers shall be subject to the following standards:
a.
Data center operations shall not produce continuous sound that exceeds an average of 65 decibels over any 30-minute period from 8:00 a.m. to 6:00 p.m., measured at any adjacent property boundary between the data center site and a residential property. Nor shall data center operations produce continuous sound that exceeds an average of 55 decibels over any 30-minute period from 6:00 p.m. to 8:00 a.m., measured at any adjacent property boundary between the site and residential property. Violations of these sound levels may be prosecuted in the same manner as other zoning ordinance violations.
b.
After issuance of the Certificate of Occupancy for each data center building, the County may obtain sound studies or require the data center operator to provide a sound study to verify that the operation is in compliance with the requirements of paragraph (a) above. If a data center is found to be in violation of the requirements of paragraph (a) above, the County may issue a notice of violation, which may direct that the data center take appropriate steps to operate within the requirements of paragraph (a) above. The zoning administrator may require the data center operator to propose a solution and a time period for implementation. If the zoning administrator approves such a solution, and the data center fails to successfully implement that solution within the time approved, the violator shall be subject to a fine up to one thousand dollars ($1,000) for each day that the violation exists until full compliance is obtained.
c.
The data center operator shall continue to bear the costs of any sound test or study required to monitor violations in paragraph (b).
Developer: The owner of, or person responsible for, a development.
Development, or "to develop": Subdividing a tract of land into three or more lots whether for sale or rental, whether for commercial, industrial, office or residential purposes, or some combination thereof. It shall also include redevelopment of existing development. It shall also include the construction of any commercial, industrial, multi-family or office building or structure, even if on a single lot, and shall include the construction of a manufactured house park. In order that the purposes of this ordinance shall not be evaded by piecemeal development or subdivision, subdividing a tract of land existing on December 5, 2012 into two tracts shall not be a development, but any further split of either tract shall be a development.
Distillery: An establishment that manufactures distilled spirits.
Dwelling: A building or other structure designed, arranged, or used for temporary or permanent living quarters for one or more persons.
Dwelling unit: A building or portion thereof, providing complete living facilities for one family.
Easement: A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.
Enclosure: A structure with four sides and a roof designed to enclose and shelter animals, persons or objects.
Family: An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption, living together in a dwelling unit. For purposes of this Ordinance, "a family" may include five (5) or fewer foster children placed in a family foster home licensed by the State of Georgia, but shall not include fraternities, sororities, nursing homes, or rest homes.
Greenspace: Any parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the preservation and protection of environmentally sensitive land areas or natural features. Excludes streets, drives, yard, and structures.
Group home for persons with a disability: A residence in which three or more persons with a disability reside and which is licensed by the State Department of Human Resources as a personal care home under Title 31. See Sec. 9.1 for further regulations.
Health department: The Bartow County Health Department, which reports to the Bartow County Board of Health.
Home occupation: Limited commercial use in a residentially-zoned district in which the use is secondary to the residence, does not constitute a nuisance to adjacent or adjoining properties, and is subject to the regulations of Section 6.2.
Hotel: Building(s) or structure(s) typically multi-story, providing multiple residential dwelling units for typically short-term rental (two weeks or less), with interior access to the units.
Industrialized housing: A factory fabricated dwelling or commercial unit built in one or more sections designed to fit together on a foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-110) and which bears the seal of approval issued by the Commissioner of Community Affairs.
Industry, general: The manufacture, assembly, repair, processing, testing or packaging of finished products, predominantly from previously prepared materials or from raw materials; includes processing, fabrication, incidental storage, and distribution of such products. In general, such uses shall occur entirely or almost entirely within an enclosed structure. Without restricting the generality of the foregoing, this would include for example: assembly plants, feed processing plants, soft drink bottling and distribution plants, beer and liquor distribution plants, carpet manufacturing plants, and similar facilities. In cases of facilities not clearly falling into this definition, the Zoning Administrator shall determine whether a facility is general industry or heavy industry.
Industry, heavy: A large-scale industrial manufacturing or processing activity, including especially the manufacturing or processing of raw materials for other industry, businesses or uses. Without restricting the generality of the foregoing, this would include for example: plants for the manufacture of petroleum products, pulp and paper products, stone, clay, and glass products, cement and lime products, fertilizers, animal by-products; and plants which will be engaged in the primary metal industry, metal processing, or the processing of natural gas or its derivatives. This would also include plants and facilities involved in the production (or processing) of intrinsically dangerous materials or products such as explosives, acids, and the like. In cases of facilities not clearly falling into this definition, the Zoning Administrator shall determine whether a facility is general industry or heavy industry.
Institutional-residential uses: Uses that provide residential living space or dwelling units for persons in an institutional or group setting, whether for day care, 24-hour care or unassisted living, specifically defined as one of the following types: Assisted-Living Facility, Adult Day Care, Child Day Care, Homeless Shelter, Home for the Aged, Hospice, Nursery School, Nursing Home, Group Home, Protective Housing Facility, Rehabilitation/Treatment Facility, Residential Treatment Center, Rest Home, Retirement Home, and Shelter Care Facility. See Sec. 9.1 for further applicable regulations.
Junk yard (salvage yard; scrap yard): Except for the use allowed under Section 7.12.8 (C), any use involving the storage or disassembly of wrecked automobiles, trucks, or other vehicles; storage, baling or otherwise dealing in bones, animal hides, scrap metal, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and used brick, wood, or other building materials. Such uses shall be considered junk yards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises. See Section 9.6 for additional regulations.
Land-disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural operations and forestry.
Land disturbance permit: A permit granted under the Bartow County Soil Erosion and Sedimentation Control Ordinance that provides the authorization necessary to conduct a land-disturbing activity under the provisions of that Ordinance and this Ordinance.
Landfill: An area of land on which or an excavation in which solid waste is placed for permanent disposal. See Sec. 9.4 for further regulations.
Lime Stabilization Organics Processing and Recycling Facility: A compact, enclosed processing facility through which organic, dewatered, wastewater biosolids are lime stabilized to produce Class A soil amendments. The site shall include an enclosed metal or clear span building housing lime stabilization equipment. The process incorporates quick lime at an average 10% rate to volume to treat organic materials to Class A material (EPD registration) for immediate discharge into trailers for transportation to agricultural fields as a registered soil amendment (Georgia Department of Agriculture). There shall be no process water discharge or treatment on site with the exception that Georgia EPD requires three day pretreatment storage capacity to assure safe operations. Outdoor storage must be located in a side or rear yard and screened from all rights-of-way and residential districts that adjoin the outdoor storage area. Future expansion can be considered in the initial design phase to assure available capacity could be added or scaled up to service potential future demand for services. Minimum lot size 10 acres required. All structures shall be setback at least 100 feet from all property lines and at least 1,000 feet from any existing single-family residence having a certificate of occupancy at the time of rezoning (or, if no rezoning required, at time of permitting) on adjacent and adjoining properties.
Line, lot: The boundary line of a lot.
Line, yard: A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required setback.
Lot: A developed or undeveloped tract of land having defined boundaries and legally transferable as a single unit of land; does not refer to public rights-of-way.
Lot of record: A lot that was in compliance with ordinances and regulations in existence at the time the lot was created. Illegal lots that were created in violation of regulations existing at the time of creation are not lots of record. The following are lots of record:
(A)
Any lot described in a deed, survey, or final subdivision plat that was recorded in the office of the Bartow County Clerk of Court before September 22, 1993, the date of first adoption of a Zoning Ordinance in this County, and was not otherwise illegal at the time of creation.
(B)
Any lot described in a deed, survey, or final subdivision plat that was recorded after September 22, 1993 and before the date of adoption of this Ordinance, and which complied with the Zoning Ordinance in effect at the time of the lot's creation, even if it does not comply with the provisions of this Ordinance.
(C)
Any lot described in a deed, survey, or final subdivision plat that was recorded after the date of adoption of this Ordinance, and which complies with the requirements of this Ordinance.
Lot, depth of: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
Lot, width of: The distance between side lot lines.
Manufactured house (mobile home): A detached, single-family dwelling unit designed for long-term occupancy and constructed in one or more units with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made. See Sec. 10.3 for further regulations.
Manufactured house, multi-unit: A detached single-family dwelling unit constructed in two or more units with similar marriage walls with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made.
Manufactured house park: A parcel of land which has been planned and improved for the placement of at least two manufactured houses for non-transient use. See Sec. 10.3 and the R-6 District (Sec. 7.8) for further regulations.
Manufactured house stands: That area of a manufactured house lot which has been reserved for the placement of a manufactured house.
Microbrewery: An establishment in which not more than fifteen thousand (15,000) barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1.
Mining: The extraction of ore or minerals from the earth by various methods, including but not limited to blasting and excavating. For purposes of this ordinance, "mining" shall include all methods of drilling for oil, natural gas or other hydrocarbons, but not drilling for water.
Motel: Building(s) or structure(s) of typically one or two stories height providing multiple residential dwelling units typically for short-term rental (two weeks or less), with adjacent parking and external access to each unit.
Non-conforming use: A lawful use of or vested right to use any building, structure or land existing at the time of the adoption of this Ordinance or the adoption of any amendment thereto. See Section 6.1 for further regulations.
Open space: An area that is not used for or occupied by a driveway, an off-street parking area, a loading space, a yard, a refuse storage space, or a building.
Ordinance: This Ordinance and all amendments thereto including the Official Zoning Maps of Bartow County.
Place of worship: A structure which is intended for conducting organized religious services for organizations with tax-exempt status, with no overnight facilities. Secondary uses such as child care, senior services, professional counseling, hospices, schools, rehabilitation services, or similar uses are not included in the definition. A place of worship does not include organizations that violate federal, state, or city laws or codes.
Planned unit development (PUD): A planned development on a minimum of 20 acres with a minimum lot size of 7,500 square feet and without regard to the segregation of housing types or uses and which may include multiple uses within the same tract. See Sec. 7.15 for further regulations.
Plat: A map, plan or layout of a county, city, town, lot, section, subdivision or development indicating the location and boundaries of properties.
Principal use: The specific, primary purpose for which land or a building is used.
Public utility: A utility regulated by the Georgia Public Service Commission.
Recreational vehicle: A boat, camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach or similar vehicle, with or without motive power, designed for human habitation for recreational or emergency occupancy. Where a recreational vehicle is on or attached to a trailer used to carry or tow said vehicle, they shall together be considered one recreational vehicle. A recreational vehicle shall not include a pickup truck used for transportation to which a camper shell has been attached. See Article VI for further regulations.
Redevelopment: The process of developing property that has previously been developed. See "Development."
Retail business: A business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities or broken lots or parcels and not in bulk and not for resale.
Right-of-way line (also "r/w"): The dividing line between a lot, tract or parcel of land and a contiguous right-of-way.
Setback: The open space between the lot line and the yard line, which shall be unobstructed by any structure other than as expressly permitted in this Ordinance. See Sec. 5.4. Where a distinction is made between an "external setback" and an "internal setback," "external setback" refers to the setback from external boundary lines and rights-of-way, and "internal setback" refers to spacing between multiple buildings on one larger lot (e.g., apartment buildings or townhomes).
Sign: Any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices. See Article XI for further sign regulations and definitions.
Solar power generation facility: An assembly of equipment that converts sunlight into electricity and then stores and/or transfers that electricity. Solar power generation facilities are allowed as a primary use in the A-1, I-1 and I-2 districts, with the granting of a conditional use permit. Other solar power uses, such as panels on a residential or other primary structure, are allowed as an accessory use.
Street: A way for vehicular traffic, whether designated as an avenue, road, boulevard, highway, expressway, lane, alley or other way.
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
Subdivision: A tract of land divided into three or more lots.
Swimming pool: Any structure intended for swimming or recreational bathing that contains water over 36 inches deep. This includes in ground, above ground, and on ground swimming pools, but this definition does not include inflatable temporary pools. See Sec. 6.15 and the Bartow County Building Code Ordinance for additional regulations.
Tiny house: A structure that is designed as a single-family residence less than 1,200 square feet in size, either permanently affixed or moveable.
"To subdivide": Dividing a tract of land into three or more lots.
Townhouse: A multi-family residential use consisting of three (3) or more attached dwelling units for which fee simple title is conveyed and for which an incorporated mandatory homeowners' association is provided.
Travel trailer/camper: See "Recreational Vehicle."
Truck terminal: An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
Truck stop/travel plaza: A mixed commercial use of property on one parcel providing facilities for the refueling, maintenance and/or servicing of heavy trucks and which may include related service facilities for such vehicles and their drivers, including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants, lodging, shower and laundry facilities, truck service, overnight truck parking and/or storage, and a parking area of one (1) acre or more in association with the above services.
Wholesale business: A business primarily engaged in the selling of goods or articles in gross to retailers or jobbers for resale and not to the ultimate consumer.
Yard: An open space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street and the front line of the building projected to the side lines of the lot.
Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to side lines of the lot.
Yard, side: An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
Zoning administrator: The Community Development Director of Bartow County, or a duly authorized representative.
Zoning map(s): The Official Zoning Maps, Bartow County, Georgia. See Section 4.2.
(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), §§ I, II; Ord. of 3-16-2022(1), § I; Ord. of 8-9-2023, §§ II, III; Ord. of 1-8-2025(1), § I)
DEFINITIONS
For the purpose of interpreting this Ordinance, certain words or terms used herein shall be defined as follows: Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot" or "parcel." The word "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "maps," "zoning map," or "Bartow County Zoning Map" means the "Official Zoning Maps, Bartow County, Georgia."
(Ord. of 7-21-2021(4))
Except as specifically defined herein all words used in this ordinance shall carry their customary meaning as defined by a standard dictionary. See section 11.1 for additional definitions relating to signs. See section 12.2 for additional definitions relating to telecommunications towers. See Chapter 4 (Adult Establishments) of the Bartow County Code for additional definitions related to adult establishments.
AGRICULTURAL AND ANIMAL-RELATED DEFINITIONS
As a matter of convenience, the following definitions relating to agriculture and animals are grouped together. Definitions contained herein may reference terms defined below under "Additional Definitions" and vice versa.
Agriculture: All agricultural practices, subdivided into two sub-classifications: 1) horticulture and 2) raising or keeping livestock.
Horticulture: The raising of crops, flowers, fruit, produce, plants, turf, trees, shrubs, and the like for purposes other than personal consumption or use (i.e., for commercial or industrial purposes, scientific purposes, for sale or income, etc.). Examples include, but are not limited to, row crops, fruit orchards, sod farms, tree farms, hydroponic farms, and commercial greenhouses, and shall include all associated activities.
Kennel: Any building, structure or facility, or any series of buildings, structures or facilities on one lot, where more than a total of eight (8) dogs are kept, raised, fed, sheltered or otherwise maintained, whether for personal, commercial or any other purposes. See Section 14-19 of the Bartow County Code for further regulations relating to dog enclosures, and for general regulations on keeping of dogs.
Livestock: All animals of the equine (Family: Equidae), bovine (Family: Bovidae), or swine (Family: Suidae) type (or similar animals), including, but not limited to, goats, sheep, mules, horses, hogs, pigs, and cattle; all poultry, including chickens, roosters, hens and similar birds; other birds raised or kept such as pigeons; other grazing animals; all ratites, including, but not limited to, ostriches, emus, and rheas; non-traditional livestock including, but not limited to, bison, deer, buffalo, alpaca and llamas; and other similar animals raised for profit or use, but not including dogs or cats. Livestock shall also include, but not be limited to, definitions under O.C.G.A. § 4-4-1.1 for "livestock" and O.C.G.A. § 4-4-80 for "poultry." Livestock is not permitted in any district other than A-1, except for the limited horse exception in RE-1 and RE-2. The term livestock or livestock animal shall include insects being used for food, food product or fiber production, including but not limited to, honey bees.
Livestock enclosure: Any structure, building, shelter, or other facility used for keeping, raising, feeding, sheltering or otherwise maintaining livestock. Fenced grazing land and fenced pasture for horses, cattle and other grazing animals shall not be included in this definition.
Meat processing facility: A facility to process cattle, swine or other livestock (other than chicken) into meat products or carcasses for sale as food or feed; e.g., a slaughterhouse, rendering plant, or similar facility. Permitted in A-1 as conditional use or I-2. Chicken processing facilities are separate uses permitted only in I-2.
Raising or keeping livestock: The raising or keeping of livestock for any purposes, commercial or personal. Examples include, but are not limited to, raising chickens or goats, chicken coops or houses, hog pens, cattle barns, commercial stables, private stables, livestock enclosures, and cattle or sheep or other livestock grazing, and shall include all associated activities.
ADDITIONAL DEFINITIONS
Accessory dwelling unit: A detached dwelling unit (such as a guest house, pool house or garage apartment) located on the same lot with a single-family dwelling unit. The square foot area of a guest house may not exceed fifty (50) percent of the heated and finished floor area of the principal building or one thousand (1,000) square feet in heated floor area, whichever is less, and may be used only by family members or guests without payment or consideration.
Accessory use: A use located on the same lot as the principal use, which is clearly incidental and secondary to the permitted use and which does not change the character of such use, including, but not limited to, private garages, bathhouses, greenhouses, tool sheds, storage buildings, or similar.
Adult establishment: An "adult arcade," an "adult bookstore," an "adult motion picture theater," a "semi-nude lounge," or a "sex paraphernalia store" as those terms are defined in Chapter 4 (Adult Establishments) of the Bartow County Code.
Alley: A minor way, public or private, used for service access to the back or side of properties otherwise abutting a street.
Apartments: A multi-family residential use of five (5) or more attached dwelling units for which rent is paid and no fee title is conveyed.
Assembly plant: A facility that performs the fitting together, or assembling of pre-manufactured parts into a complete article, sub-assembly, or product. A "heavy assembly plant" assembles products that exceed 200 pounds per unit (e.g. cars, motorcycles, etc.) or does not have a completely enclosed production line. These definitions shall not apply if a more specific use, term or definition is contained in this Ordinance.
Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.
Brewery: An establishment that manufactures malt beverages.
Brewpub: Any restaurant in which beer or malt beverages are manufactured or brewed, subject to the requirements of O.C.G.A. §§ 3-5-35—3-5-38, except package sales do not count towards the required point of alcohol sales at said restaurant.
Building: Any structure intended for shelter, housing, or enclosure of persons, animals, chattels or property, and usually having a roof supported by columns or by walls.
Building, accessory: A detached structure designed for the use of which is clearly incidental to and subordinate to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.
Building, principal: A building in which is conducted the main use of the lot on which said building is located.
Commercial or commercial operations: An activity undertaken for profit, income, or other business purposes, including sales or manufacture of goods or items; including sale of animals, and including boarding and breeding of animals, and similar activities.
Commercial vehicle: A duly licensed and registered vehicle used to transport passengers or property to further a commercial enterprise. A commercial vehicle must not be used as an office nor have customer entry for a retail transaction. For purposes of this Ordinance the following are also commercial vehicles: vehicles of more than 10,000 pounds gross vehicle weight; vehicles with a manufacturer's rated load capacity of more than ¾ ton; vehicles registered as commercial vehicles, common carriers, motor common carriers, or classified as "for hire" by the State of Georgia, other States, or the ICC; or a freight trailer, semi-trailer, flatbed, tanker trailer, log trailer or other commercial trailer exceeding 12 feet in length. A recreational vehicle, farm machine or farm vehicle for agricultural uses is not a commercial vehicle. See Sec. 6.8 for further regulations.
Conditional uses: A use not ordinarily permitted but which may be permitted upon the imposition of conditions related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; physical improvements to the property and infrastructure serving the property. A conditional use must be approved in the same manner as a rezoning request prior to the issuance of a permit. See Article XVI.
Conditional zoning: The imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this zoning ordinance and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property and infrastructure serving the property.
Condominium: Individual ownership units in a multi-family structure, combined with joint ownership of common areas of the building and grounds, or otherwise meeting the definition of Condominium in the Georgia Condominium Act, Title 44, Chapter 3, Article 3.
Conventional single-family housing (site-built home): A dwelling unit constructed on the site from materials delivered to the site, constructed in accordance with the applicable Standard Building Codes.
County: Bartow County, or the Commissioner of Bartow County, or the Commissioner's designee.
Craft distillery: An establishment where grains and/or fruits are distilled into spirituous liquor not to exceed 15,000 gallons per year, and which may include bottling, storage and aging facilities, as well as an area devoted to the sampling and sales of spirits and spirits-related products.
Data center: Commercial activity center associated with technology, information systems, data infrastructure, data hosting and management activities, and similar new information age uses such as data processing, storage, and related services. Structures and land may be used for uses customarily incidental to the primary permitted use. The following development standards shall apply:
1.
Buildings shall not exceed a height of seventy-five (75) feet, measured from structure pad level. Height limitations shall not apply to accessory structures such as water towers, conveyer belts, smokestacks and other incidental and uninhabited parts of industrial uses.
2.
Front, Side, and Rear yard setback: Fifty (50) feet.
3.
Minimum lot frontage: One hundred ten (110) feet adjoining a street.
4.
Minimum lot width at building line: One hundred ten (110) feet.
5.
Minimum lot acreage: Fifty (50) acres.
6.
Minimum buffer requirements. In addition to required setbacks, buffers shall be required in accordance with the applicable zoning district.
7.
Air conditioning units and HVAC systems. Air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping. This requirement shall not apply where the equipment is more than 100 feet from adjacent property lines.
8.
Front building facade. The front building facade of all principal buildings shall be oriented toward street fronts or adjacent arterial street fronts. This requirement shall not apply if the front of the building is greater than 500 feet from the public right-of-way or not visible from the public right-of-way.
9.
Security fencing. Security fencing and walls shall not be located within the required buffer unless it complies with the general regulations pertaining to fencing. Fences and walls outside the required setback and buffer provided above shall not be subject to height limitations.
10.
Accessory structures. Accessory structures shall be subject to the standards of the applicable zoning district. Notwithstanding other provisions of the code, guard houses and secured entry features shall be permitted at public road entrances.
11.
Internal development roads may be public or private and are subject to the county engineering standards of the development regulations.
12.
Exterior illumination shall be shielded, downcast, and of a luminosity designed to maintain the existing night sky darkness and to prevent light trespass onto adjacent properties. In order to obtain that objective, the following criteria shall be met:
a.
All fixtures shall be full cut-off type fixtures;
b.
Light poles shall be no taller than 25 feet in height;
c.
All light poles must be setback a minimum of 10 feet from any exterior property line; and
d.
Maximum foot-candles at the property line shall be 0.5.
The zoning administrator may require a photometric lighting plan which shows conformity with these requirements as part of any building permit application.
13.
In order to ensure that data centers do not contribute to noise pollution, all data centers shall be subject to the following standards:
a.
Data center operations shall not produce continuous sound that exceeds an average of 65 decibels over any 30-minute period from 8:00 a.m. to 6:00 p.m., measured at any adjacent property boundary between the data center site and a residential property. Nor shall data center operations produce continuous sound that exceeds an average of 55 decibels over any 30-minute period from 6:00 p.m. to 8:00 a.m., measured at any adjacent property boundary between the site and residential property. Violations of these sound levels may be prosecuted in the same manner as other zoning ordinance violations.
b.
After issuance of the Certificate of Occupancy for each data center building, the County may obtain sound studies or require the data center operator to provide a sound study to verify that the operation is in compliance with the requirements of paragraph (a) above. If a data center is found to be in violation of the requirements of paragraph (a) above, the County may issue a notice of violation, which may direct that the data center take appropriate steps to operate within the requirements of paragraph (a) above. The zoning administrator may require the data center operator to propose a solution and a time period for implementation. If the zoning administrator approves such a solution, and the data center fails to successfully implement that solution within the time approved, the violator shall be subject to a fine up to one thousand dollars ($1,000) for each day that the violation exists until full compliance is obtained.
c.
The data center operator shall continue to bear the costs of any sound test or study required to monitor violations in paragraph (b).
Developer: The owner of, or person responsible for, a development.
Development, or "to develop": Subdividing a tract of land into three or more lots whether for sale or rental, whether for commercial, industrial, office or residential purposes, or some combination thereof. It shall also include redevelopment of existing development. It shall also include the construction of any commercial, industrial, multi-family or office building or structure, even if on a single lot, and shall include the construction of a manufactured house park. In order that the purposes of this ordinance shall not be evaded by piecemeal development or subdivision, subdividing a tract of land existing on December 5, 2012 into two tracts shall not be a development, but any further split of either tract shall be a development.
Distillery: An establishment that manufactures distilled spirits.
Dwelling: A building or other structure designed, arranged, or used for temporary or permanent living quarters for one or more persons.
Dwelling unit: A building or portion thereof, providing complete living facilities for one family.
Easement: A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.
Enclosure: A structure with four sides and a roof designed to enclose and shelter animals, persons or objects.
Family: An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption, living together in a dwelling unit. For purposes of this Ordinance, "a family" may include five (5) or fewer foster children placed in a family foster home licensed by the State of Georgia, but shall not include fraternities, sororities, nursing homes, or rest homes.
Greenspace: Any parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the preservation and protection of environmentally sensitive land areas or natural features. Excludes streets, drives, yard, and structures.
Group home for persons with a disability: A residence in which three or more persons with a disability reside and which is licensed by the State Department of Human Resources as a personal care home under Title 31. See Sec. 9.1 for further regulations.
Health department: The Bartow County Health Department, which reports to the Bartow County Board of Health.
Home occupation: Limited commercial use in a residentially-zoned district in which the use is secondary to the residence, does not constitute a nuisance to adjacent or adjoining properties, and is subject to the regulations of Section 6.2.
Hotel: Building(s) or structure(s) typically multi-story, providing multiple residential dwelling units for typically short-term rental (two weeks or less), with interior access to the units.
Industrialized housing: A factory fabricated dwelling or commercial unit built in one or more sections designed to fit together on a foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-110) and which bears the seal of approval issued by the Commissioner of Community Affairs.
Industry, general: The manufacture, assembly, repair, processing, testing or packaging of finished products, predominantly from previously prepared materials or from raw materials; includes processing, fabrication, incidental storage, and distribution of such products. In general, such uses shall occur entirely or almost entirely within an enclosed structure. Without restricting the generality of the foregoing, this would include for example: assembly plants, feed processing plants, soft drink bottling and distribution plants, beer and liquor distribution plants, carpet manufacturing plants, and similar facilities. In cases of facilities not clearly falling into this definition, the Zoning Administrator shall determine whether a facility is general industry or heavy industry.
Industry, heavy: A large-scale industrial manufacturing or processing activity, including especially the manufacturing or processing of raw materials for other industry, businesses or uses. Without restricting the generality of the foregoing, this would include for example: plants for the manufacture of petroleum products, pulp and paper products, stone, clay, and glass products, cement and lime products, fertilizers, animal by-products; and plants which will be engaged in the primary metal industry, metal processing, or the processing of natural gas or its derivatives. This would also include plants and facilities involved in the production (or processing) of intrinsically dangerous materials or products such as explosives, acids, and the like. In cases of facilities not clearly falling into this definition, the Zoning Administrator shall determine whether a facility is general industry or heavy industry.
Institutional-residential uses: Uses that provide residential living space or dwelling units for persons in an institutional or group setting, whether for day care, 24-hour care or unassisted living, specifically defined as one of the following types: Assisted-Living Facility, Adult Day Care, Child Day Care, Homeless Shelter, Home for the Aged, Hospice, Nursery School, Nursing Home, Group Home, Protective Housing Facility, Rehabilitation/Treatment Facility, Residential Treatment Center, Rest Home, Retirement Home, and Shelter Care Facility. See Sec. 9.1 for further applicable regulations.
Junk yard (salvage yard; scrap yard): Except for the use allowed under Section 7.12.8 (C), any use involving the storage or disassembly of wrecked automobiles, trucks, or other vehicles; storage, baling or otherwise dealing in bones, animal hides, scrap metal, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and used brick, wood, or other building materials. Such uses shall be considered junk yards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises. See Section 9.6 for additional regulations.
Land-disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural operations and forestry.
Land disturbance permit: A permit granted under the Bartow County Soil Erosion and Sedimentation Control Ordinance that provides the authorization necessary to conduct a land-disturbing activity under the provisions of that Ordinance and this Ordinance.
Landfill: An area of land on which or an excavation in which solid waste is placed for permanent disposal. See Sec. 9.4 for further regulations.
Lime Stabilization Organics Processing and Recycling Facility: A compact, enclosed processing facility through which organic, dewatered, wastewater biosolids are lime stabilized to produce Class A soil amendments. The site shall include an enclosed metal or clear span building housing lime stabilization equipment. The process incorporates quick lime at an average 10% rate to volume to treat organic materials to Class A material (EPD registration) for immediate discharge into trailers for transportation to agricultural fields as a registered soil amendment (Georgia Department of Agriculture). There shall be no process water discharge or treatment on site with the exception that Georgia EPD requires three day pretreatment storage capacity to assure safe operations. Outdoor storage must be located in a side or rear yard and screened from all rights-of-way and residential districts that adjoin the outdoor storage area. Future expansion can be considered in the initial design phase to assure available capacity could be added or scaled up to service potential future demand for services. Minimum lot size 10 acres required. All structures shall be setback at least 100 feet from all property lines and at least 1,000 feet from any existing single-family residence having a certificate of occupancy at the time of rezoning (or, if no rezoning required, at time of permitting) on adjacent and adjoining properties.
Line, lot: The boundary line of a lot.
Line, yard: A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required setback.
Lot: A developed or undeveloped tract of land having defined boundaries and legally transferable as a single unit of land; does not refer to public rights-of-way.
Lot of record: A lot that was in compliance with ordinances and regulations in existence at the time the lot was created. Illegal lots that were created in violation of regulations existing at the time of creation are not lots of record. The following are lots of record:
(A)
Any lot described in a deed, survey, or final subdivision plat that was recorded in the office of the Bartow County Clerk of Court before September 22, 1993, the date of first adoption of a Zoning Ordinance in this County, and was not otherwise illegal at the time of creation.
(B)
Any lot described in a deed, survey, or final subdivision plat that was recorded after September 22, 1993 and before the date of adoption of this Ordinance, and which complied with the Zoning Ordinance in effect at the time of the lot's creation, even if it does not comply with the provisions of this Ordinance.
(C)
Any lot described in a deed, survey, or final subdivision plat that was recorded after the date of adoption of this Ordinance, and which complies with the requirements of this Ordinance.
Lot, depth of: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
Lot, width of: The distance between side lot lines.
Manufactured house (mobile home): A detached, single-family dwelling unit designed for long-term occupancy and constructed in one or more units with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made. See Sec. 10.3 for further regulations.
Manufactured house, multi-unit: A detached single-family dwelling unit constructed in two or more units with similar marriage walls with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a foundation or other internal or external changes are made.
Manufactured house park: A parcel of land which has been planned and improved for the placement of at least two manufactured houses for non-transient use. See Sec. 10.3 and the R-6 District (Sec. 7.8) for further regulations.
Manufactured house stands: That area of a manufactured house lot which has been reserved for the placement of a manufactured house.
Microbrewery: An establishment in which not more than fifteen thousand (15,000) barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1.
Mining: The extraction of ore or minerals from the earth by various methods, including but not limited to blasting and excavating. For purposes of this ordinance, "mining" shall include all methods of drilling for oil, natural gas or other hydrocarbons, but not drilling for water.
Motel: Building(s) or structure(s) of typically one or two stories height providing multiple residential dwelling units typically for short-term rental (two weeks or less), with adjacent parking and external access to each unit.
Non-conforming use: A lawful use of or vested right to use any building, structure or land existing at the time of the adoption of this Ordinance or the adoption of any amendment thereto. See Section 6.1 for further regulations.
Open space: An area that is not used for or occupied by a driveway, an off-street parking area, a loading space, a yard, a refuse storage space, or a building.
Ordinance: This Ordinance and all amendments thereto including the Official Zoning Maps of Bartow County.
Place of worship: A structure which is intended for conducting organized religious services for organizations with tax-exempt status, with no overnight facilities. Secondary uses such as child care, senior services, professional counseling, hospices, schools, rehabilitation services, or similar uses are not included in the definition. A place of worship does not include organizations that violate federal, state, or city laws or codes.
Planned unit development (PUD): A planned development on a minimum of 20 acres with a minimum lot size of 7,500 square feet and without regard to the segregation of housing types or uses and which may include multiple uses within the same tract. See Sec. 7.15 for further regulations.
Plat: A map, plan or layout of a county, city, town, lot, section, subdivision or development indicating the location and boundaries of properties.
Principal use: The specific, primary purpose for which land or a building is used.
Public utility: A utility regulated by the Georgia Public Service Commission.
Recreational vehicle: A boat, camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach or similar vehicle, with or without motive power, designed for human habitation for recreational or emergency occupancy. Where a recreational vehicle is on or attached to a trailer used to carry or tow said vehicle, they shall together be considered one recreational vehicle. A recreational vehicle shall not include a pickup truck used for transportation to which a camper shell has been attached. See Article VI for further regulations.
Redevelopment: The process of developing property that has previously been developed. See "Development."
Retail business: A business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities or broken lots or parcels and not in bulk and not for resale.
Right-of-way line (also "r/w"): The dividing line between a lot, tract or parcel of land and a contiguous right-of-way.
Setback: The open space between the lot line and the yard line, which shall be unobstructed by any structure other than as expressly permitted in this Ordinance. See Sec. 5.4. Where a distinction is made between an "external setback" and an "internal setback," "external setback" refers to the setback from external boundary lines and rights-of-way, and "internal setback" refers to spacing between multiple buildings on one larger lot (e.g., apartment buildings or townhomes).
Sign: Any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices. See Article XI for further sign regulations and definitions.
Solar power generation facility: An assembly of equipment that converts sunlight into electricity and then stores and/or transfers that electricity. Solar power generation facilities are allowed as a primary use in the A-1, I-1 and I-2 districts, with the granting of a conditional use permit. Other solar power uses, such as panels on a residential or other primary structure, are allowed as an accessory use.
Street: A way for vehicular traffic, whether designated as an avenue, road, boulevard, highway, expressway, lane, alley or other way.
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
Subdivision: A tract of land divided into three or more lots.
Swimming pool: Any structure intended for swimming or recreational bathing that contains water over 36 inches deep. This includes in ground, above ground, and on ground swimming pools, but this definition does not include inflatable temporary pools. See Sec. 6.15 and the Bartow County Building Code Ordinance for additional regulations.
Tiny house: A structure that is designed as a single-family residence less than 1,200 square feet in size, either permanently affixed or moveable.
"To subdivide": Dividing a tract of land into three or more lots.
Townhouse: A multi-family residential use consisting of three (3) or more attached dwelling units for which fee simple title is conveyed and for which an incorporated mandatory homeowners' association is provided.
Travel trailer/camper: See "Recreational Vehicle."
Truck terminal: An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
Truck stop/travel plaza: A mixed commercial use of property on one parcel providing facilities for the refueling, maintenance and/or servicing of heavy trucks and which may include related service facilities for such vehicles and their drivers, including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants, lodging, shower and laundry facilities, truck service, overnight truck parking and/or storage, and a parking area of one (1) acre or more in association with the above services.
Wholesale business: A business primarily engaged in the selling of goods or articles in gross to retailers or jobbers for resale and not to the ultimate consumer.
Yard: An open space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street and the front line of the building projected to the side lines of the lot.
Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to side lines of the lot.
Yard, side: An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
Zoning administrator: The Community Development Director of Bartow County, or a duly authorized representative.
Zoning map(s): The Official Zoning Maps, Bartow County, Georgia. See Section 4.2.
(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), §§ I, II; Ord. of 3-16-2022(1), § I; Ord. of 8-9-2023, §§ II, III; Ord. of 1-8-2025(1), § I)