The text within the UDO shall control where there is any conflict between text within the UDO and any caption, illustration or graphic presentation. Unless prohibited by context, reference to any article, section or paragraph shall include all portions of that article, section or paragraph.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

When used in this UDO, the following words and phrases have the meanings as defined in this article. Terms not defined herein have the same meanings as are found in the latest Edition of the American Heritage College Dictionary.

(b)

Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

(c)

All pronouns used herein shall be deemed to include the masculine, the feminine and non-personal entities. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals.

(d)

The words "shall," "must," and "will" are always mandatory and not merely permissive.

(e)

The words "may" and "should" are always permissive and never mandatory.

(f)

The words "person," "owner," "occupant," "developer," "applicant," include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(g)

The word "month" shall mean 30 calendar days.

(h)

Whenever the UDO refers to a specific portion of the Bryan County Code or the UDO itself, that reference shall include any subsequent amendment to the referenced portion or any subsequent provision superseding the provision whether having the same section number or not.

(i)

The terms "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 term "existing" as applied to any use, structure, or development includes the words "existing on the effective date of this UDO."

(Ord. No. 06-2020, § 3, 12-8-2020)

All interpretations of the meanings of the words and terms of this UDO shall be the responsibility of the community development director whose decision may be appealed to the board of adjustment pursuant to article III, division 6.

(Ord. No. 06-2020, § 3, 12-8-2020)

AASHTO - American Association of State Highway and Transportation Officials

ADA - Americans with Disabilities Act

ANSI - American National Standards Institute

COE - Army Corps of Engineers

DBH - Diameter Breast Height

DRC - Development Review Committee

CCRs - Covenants Conditions and Restrictions

CUP - Conditional Use Permit

EPD - Environmental Protection Division

EPS - Electrified Parking Space

ESA - Environmental Site Assessment

GDOT - Georgia Department of Transportation

GIS - Geographic Information System

GLA - Gross leasable area includes floor space available to be rented in a commercial property. Specifically, gross leasable area is the total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, but excluding balconies and mechanical areas.

GVWR - Gross Vehicle Weight Rating

IESNA - Illuminating Engineering Society of North America

ISA - International Society of Arboriculture

ITE - Institute of Transportation Engineers

LOS - Level of Service

MUTCD - Manual for Uniform Traffic Control Devices

P&Z Commission - Bryan County Planning and Zoning Commission

RPAR - Recognized Private Access Road

SES - Solar Energy System

SFHA - Special Flood Hazard Area

Sq.Ft. - Square Feet

TDA - Traffic Design Analysis

TIA - Traffic Impact Analysis

UDO - Bryan County Unified Development Ordinance

USCOE - United States Army Corps of Engineers

(Ord. No. 06-2020, § 3, 12-8-2020)

The following definitions apply to listed terms unless otherwise established by the terms and conditions of this UDO.

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Acceptable bonding company - A company licensed to act as a surety in Georgia and holding a certificate of authority from the United States as an acceptable surety on bonds with an underwriting limitation of at least $10,000,000.00.
Accessory building - A building that is subordinate to the principal building and which is located on the same lot, such as a utility shed, detached garage, or detached accessory dwelling unit.
Accessory structure - A structure that is subordinate to the principal structure and which is located on the same lot. Also includes "accessory building." Accessory structures that are not accessory buildings include, but are not limited to gazebos, pools, fences, freestanding signs.
Accessory use - A use that is subordinate to the principal use and which is located on the same lot.
Adult bookstore - A use that contains or is used for the display or sale of books, magazines, movie films, still pictures and any and all other written materials, photographic material novelties, devices and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas, as defined herein; or an establishment with a segment or section developed to the sale or display of such material constituting a majority of its retail value of stock displayed for sale or a majority of the monthly gross receipts of the business.
Adult entertainment establishment - A use which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, equipment or by personnel provided by the establishment; or where the patrons views a series of dance routines, strip performances or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron.
Adult theater - A structure used for viewing of performances or activities by others, whether such performances are in the form of live shows, motion pictures, slide shows or other forms of photographic or visual display, which are distinguished or characterized by the emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
Adult use - A structure or portion of a structure used or proposed to be used for an adult bookstore, adult entertainment establishment or adult theater.
Alteration - Any change in the arrangement of a structure, including any work affecting its structural parts; or an enlargement or change in the wiring, plumbing, heating, or cooling system of a structure.
Applicant - An individual or any entity, submitting an application for development approval pursuant to this UDO.
Approval body - The person, board or entity assigned responsibility for approval of an application pursuant to this UDO.
Base Flood Elevation (BFE) - the computed elevation to which the flood is anticipated to rise during the base flood in accordance with adopted flood hazard maps.
Berm - A linear mound or ledge of dirt used to provide visual screening.
Board of adjustment - The board established pursuant to this UDO to hear and decide on variance requests and appeals to staff decisions.
Board of commissioners - The Board of Commissioners of Bryan County, Georgia.
Bona fide agriculture or silviculture use - Agriculture or silviculture use having secured preferential assessment program under O.C.G.A. 48-5-7.1, current use value assessment under O.C.G.A 48-5-2,or conservation use assessment under O.C.G.A. 48-5-7.4.
Bryan County Building Code ("building code") - The ordinance regulating the moving, alteration, or repair of buildings and structures and the excavation for or the construction of any building or structure.
Bryan County Code of Ordinances ("County Code") - The compilation of all laws, regulations, ordinances, and codes of Bryan County as adopted, and amended, by the board of commissioners.
Bryan County Comprehensive Plan ("comprehensive plan") - A document, composed of text and associated maps, entitled as such, and adopted by the board of commissioners, and as amended from time to time in accordance with the requirements of the Georgia Comprehensive Planning Act.
Bryan County Planning and Zoning Commission ("P&Z commission") - The agency established pursuant to the County Code to carry out certain duties under this UDO, along with other duties or functions.
Bryan County Public Safety Director ("safety director") - An individual employed by the board of commissioners to supervise the county's 911 program.
Buffer - A parcel of land free from any structures, except approved fences, walls and other screening, that is permanently set aside with a combination of vegetation and other screening material of density sufficient to provide contiguous properties with a measure of privacy.
Building - Any structure, except a trailer, that has a roof, has more than two sides enclosed, and is designed for the shelter, support or enclosure of persons, animals, or property of any kind. Buildings have a roof and at least three sides enclosed.
Building height - The distance from the established base flood elevation (BFE), or average finished grade at the front of the principal structure, whichever is highest, to the highest point of a flat roof or parapet, the deck line of a mansard roof, or the midpoint between the ridge and the eave for a pitched roof.
Building line - A line delineating the minimum allowable distance between the road right-of-way and nearest extreme projection of a building (including all areas covered by any vertical projections to the ground or overhang, walls, roof, or any other part of the structure). (see Setback)
Building permit - A document required by the Bryan County Building Code and this UDO to be issued prior to the commencement of construction of certain improvements.
Building site - The ground area of a building or buildings together with all open spaces surrounded by said building or buildings.
Camper - A motor home, tent, trailer, or other self-contained vehicle designed for recreational purposes.
Central sewer system - A sewerage treatment system, including pipelines or conduits, pumping stations, force mains and all other constructions, devices, and appliances appurtenant thereto, designed for treating or conducting sewage for treatment and disposal into wetlands, lakes, streams, other bodies of surface water or surface land application, but not including treatment and disposal by septic tank systems or on-site sewage management systems.
Certificate of occupancy - A certificate issued in accordance with the building code, the County Code and this UDO.
Clerk of commissioners - The individual serving as the clerk of Bryan County Board of Commissioners or that person's designee.
Clerk of court - The individual serving as the clerk of the superior court of Bryan County, Georgia or that person's designee.
Combination - The merger or joining of two or more lots shown on a recorded plat into one lot.
Commercial message - Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
Common open space - Undeveloped land within a subdivision or other development that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development.
Common signage plan - In a B-2, C-I, I-1, I-2 or PD district, this means a legally enforceable, county-approved overall signage plan delineating the size, design and location of all signs on two or more contiguous properties.
Community development director - The individual employed by the board of commissioners to supervise the staff of the community development department and perform the duties outlined herein or that person's designee.
Conditional use - Those uses allowed within a zoning district, only after specific requirements are met. The board of commissioners may require additional restraints, restrictions, qualifications, or limiting factors upon any specific use.
Conditional use permit (CUP) - An authorization to allow a use that may require specific conditions established by the board of commissioners to ensure compatibility with other uses in the applicable zoning district.
Conservation easement - The grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural, scenic, open or wooded state, precluding future or additional development. Agricultural operations may be authorized in a conservation easement subject to the terms of the approved easement.
Conservation subdivision - A housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible.
Construction plans - Plans for the proposed subdivision of land prepared in accordance with: (a) this UDO, including its appendices; and (b) the Engineering Design Manual.
County - Bryan County, Georgia.
County administrator - An individual employed by the board of commissioners to supervise the operation of the County or that person's designee.
County attorney - An individual licensed to practice law in the State of Georgia and appointed by the board of commissioners.
County maintained road - A road accepted as a public road by the board of commissioners of Bryan County, Georgia.
Cul-de-sac - A local road which does not extend more than 600 feet in length measured from the centerline of the intersecting street to the centerline of the cul-de-sac radius.
Cul-de-sac, minor - A local road which does not extend more than 300 feet in length measured from the centerline of the intersecting street to the centerline of the cul-de-sac radius.
Date of submission - The date on which the following are delivered to the community development director: (i) a completed application and all required supporting materials; and (ii) all fees due in accordance with this UDO.
Density - The number of dwelling units or buildings per acre; the number of people per dwelling unit, building, acre or mile; or the quantity of people, structures, or dwelling units within a specified area.
Development - The process or result of construction, reconstruction, site improvement, installation of improvements, establishment of a temporary or accessory improvement or structure or other modification to land or a body of water. Development includes but is not limited to new development and redevelopment.
Development approval - The granting of approval or conditional approval of a development application pursuant to this UDO.
Development envelopes - Areas within which grading, lawns, pavement and buildings will be located.
Development, new - development of essentially vacant land, regardless of whether preexisting improvements have been removed from such land.
Diameter at breast height (DBH) - Diameter of trees measured at four and one-half feet above grade.
Drainage system - A swale or ditch or a device composed of concrete, plastic or other material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes. Drainage system also includes any portion of a low-impact development (LID) or green infrastructure (GI) improvement necessary to achieve compliance with the county's stormwater management requirements.
Duplex - A dwelling containing two dwelling units.
Dwelling - A building or portion of a building arranged or designed to provide living quarters for one or more families. A guest house or accessory living unit is not deemed to be a dwelling.
Dwelling unit - One or more rooms which are arranged, designed, or used as living quarters for a family. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.
Dwelling, condominium - A building or series of buildings on the same lot, or portions thereof, containing more than one dwelling unit or office unit under separate ownership with joint ownership of common areas. For purposes of this UDO, residential condominiums are treated based on the building form, with detached units considered to be single-family and condominium dwellings with multiple dwelling units being considered multi-family.
Dwelling, single-family - A building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building, and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilating, heating, cooling, or lighting are designed for the use of one family only on a minimum of a single lot. One-family dwelling includes modular homes as defined herein.
Engineer - An individual licensed by the State of Georgia as a professional engineer.
Engineering Design Manual ("engineering standards") - The technical standards for plats, environmental site assessments, other engineering matters and minimum guidelines for the design and construction of subdivision improvements, including, but not limited to, roads, easements, pedestrian ways, subdivision entrances and driveways, recreational tracts, buffers, private water systems, private sewerage systems and drainage systems and other matters.
Engineering director - The individual employed by the board of commissioners to carry out the responsibilities of the engineering director or that person's designee.
Environmental site assessment ("ESA") - An assessment by a professional engineer or other licensed professional, experienced in geotechnical investigations and the assessing of real property for environmental concerns, to determine the likelihood of the presence of a landfill, methane gas, underground storage tanks, or other environmentally dangerous situations on a site.
Existing lot of record - A lot described on a plat or deed recorded in the clerk's office that: (a) was recorded prior to June 3, 1975; or (b) was approved by the P&Z commission or board of commissioners prior to the effective date of this UDO and recorded with the clerk of court within six months of adoption of this UDO.
Family - (a) Any number of persons, related by blood, marriage, or legal adoption, living and cooking on the premises together as a single, nonprofit housekeeping unit, which includes any number of natural children, foster children, stepchildren; or (b) Up to five persons not related by blood, marriage or legal adoption, living and cooking on the premises together as a single, nonprofit housekeeping unit, and residing on the premises.
Fees - All sums required to be paid to the county pursuant to this UDO, the building code, the County Code or State law.
Final plat - A document that is intended to be the recorded version of a subdivision of land or lot prepared in accordance with: (a) this UDO, including the UDO appendices; and (b) the engineering design manual.
Flag - Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government or political subdivision.
Floor area - The sum of the gross floor area for each of the several stories under roof, measured from the interior limits or faces of a structure.
Forest - Stands of trees greater than eight DBH covering at least 2,500 square feet of the proposed development.
Frontage - The distance or width of a lot abutting a public or private road, as measured along such right-of-way.
Gross acreage - The total area of a parcel or development subject to a development plan or plat.
Health department approval - A statement from the public health department indicating that conditions on a proposed lot will allow an on-site sewerage disposal system of standard design and that the health department will issue a construction permit for such system when requested.
Hearing body - The board, commission or other entity assigned responsibility for conducting a hearing on a development application pursuant to this UDO.
Homeowners association - A community association incorporated or not incorporated, which may combine individual home ownership with shared use or ownership of common property or facilities.
Hydric soils - A soil type which appears on the hydric soils list for County published by the Natural Resources Conservation Service of the United States Department of Agriculture ("NRCS").
Inoperable vehicle - A vehicle meeting the definition of inoperable vehicle under the International Property Maintenance Code.
Jurisdictional wetlands delineation - The acceptance by the U.S. Army Corps of Engineers of survey lines indicating the extent of wetlands on a tract of land.
Landscape plan - A proposal to arrange the effects of natural scenery over a given tract to produce the optimum aesthetic effect.
Landscaping - The shaping of land using natural land features and planting to produce the best functional and aesthetic effect.
Laws - Any statutes, ordinances, resolutions, rules or regulations of the United States of America, State of Georgia or Bryan County, Georgia, or any departments or agencies thereof.
Letter of credit - An irrevocable obligation in a form approved by the county attorney committing a federally insured lending institution to pay a sum certain to the county upon presentation by the county to such lending institution of a letter stating that there has been a failure or default by a developer in his obligations relating to construction or maintenance of certain subdivision improvements.
Lot - A developed or undeveloped tract or parcel of land suitable for building purposes and legally transferable as a single unit of land.
Lot lines, front - In the case of a lot abutting upon only one road, the front lot line is the line separating such lot from such road. In the case of any other lot, the front lot line shall be determined by the community development director in accordance with section 114-611.
Lot lines, rear - The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, or any odd-shaped lot, the rear lot line shall be determined by the community development director in accordance with section 114-611.
Lot lines, side - A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a road is an exterior side lot line. A side lot line separating a lot from another lot, or lots, is an interior side lot line.
Lot width - The shortest distance between the side lot lines measured between the front and rear setbacks.
Lot, corner - Any lot situated at the junction of and abutting on two or more intersecting roads. If the angle or intersection of the direction lines of two roads is more than 135 degrees, the lot fronting on said intersection is not a corner lot and both roads are considered part of the lot's frontage.
Lot, interior - A lot which is not a corner lot that has frontage only on one road other than an alley.
Lot, through - A lot having frontage on two roads that do not intersect at any point abutting the lot.
Maintenance agreement - A document approved by the County Attorney which provides an adequately financed maintenance plan to ensure the continued safety, good order and long-term maintenance of private roads.
Maintenance bond - An undertaking or agreement, on a form approved by the County Attorney, by an acceptable bonding company guaranteeing the maintenance of subdivision improvements dedicated to the county for a period of one year from the date of acceptance of such dedication by the board of commissioners.
Manufactured home - A structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes are constructed to the Federal Manufactured Home Construction and Safety Standards governed by the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401 et seq.
Manufactured home space - An area within a manufactured housing park providing a defined space for the location of an individual manufactured home and its accessory structures.
Marshlands - As used herein, the term "marshlands" has the same definition as that set forth in O.C.G.A. § 12-5-280 et seq., known as the Coastal Marshlands Protection Act of 1970.
Master signage plan - In the B-2 , C-I, PD, I-1 or I-2 zoning district, a county-approved plan delineating all signs by size, design and location on a parcel(s) and the parcel(s) is under the control of a single person or entity.
Mobile home - A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on-site, is 320 or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and was manufactured prior to June 15, 1976.
Modular home - A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with the regulations of the International Building Code, Title 8 Chapter 2 Article 2, Part 1 of the Georgia Code, or the National Manufactured Housing Construction and Safety Standards Act as amended. For the purpose of this UDO, a modular home is a one-family dwelling.
Non-complying lot - A lot: (i) resulting from a division of land between June 3, 1975, and the effective date of this UDO without the approval of the P&Z commission or the board of commissioners; and either (ii) described in a deed or shown on a plat recorded in the clerk's office between June 3, 1975, and the effective date of this UDO; or (iii) is the remaining tract resulting from a division of land described in (i) above.
Non-continuous part - A portion of a non-contiguous tract having at least one boundary that abuts a road.
Non-continuous tract - A lot or parcel of land with road frontage that is interrupted by one or more separate lots or parcels so that the non-contiguous tract abuts the road in two or more locations.
Nonprofit conservation organization - Any charitable corporation, charitable association or charitable trust (such as a land trust), the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
Official zoning map of county ("zoning map") - The illustration of the manner in which unincorporated areas of the County are classified and divided up into distinct zoning districts.
Outdoor operations - Assembly, manufacture, repair, display, sales or other use that is not within a building.
Outdoor storage - The keeping of any components, products, debris, material, merchandise, equipment, vehicles, and trailers outside of a building.
Parking space - That area required for the parking or storage of one vehicle, including necessary aisle or driveway space providing access thereto.
Pedestrian ways: Areas which provide pedestrians a means of walking throughout a subdivision or development without being required to walk on roads within the subdivision or development.
Phased subdivision - A tract of land developed into more than one subdivision, with all such subdivisions being advertised and promoted as part of a common promotional plan. Also sometimes called a development.
Planning and zoning commission - The Bryan County Planning and Zoning Commission.
Preliminary plat - A document prepared under prior subdivision regulations that documents proposed lot patterns and other details of a subdivision of land.
Premises - A lot or other tract of land, including the structure thereon.
Principal structure - A structure in which is conducted the principal use of the lot or lot on which such structure is situated.
Principal use - The specific primary purpose for which a lot or structure is used.
Private sewerage system - A sewerage system serving more than one unit that removes waste water from units and is not owned, maintained or operated by the county or a municipality within the county.
Private subdivision improvements - Subdivision improvements which are not dedicated to and accepted by the county.
Private water system - A water system serving more than one unit that is not owned, maintained or operated by the County or a municipality within the county.
Public body - Any government or governmental agency of county, the State of Georgia, or the United States of America.
Public health department ("health department") - The organization in Bryan County established pursuant to Georgia law and the ordinances of Bryan County, whose mission is to improve the health of the residents and visitors to Georgia by preventing disease, injury and disability, promoting health and well-being and preparing for and responding to disasters.
Public road - A road owned by either the United States of America, State of Georgia, Bryan County, municipality within Bryan County, or governmental body created pursuant to the Georgia State Constitution or laws of the State of Georgia.
Public sewerage system - A sewerage system that removes wastewater from units and is owned, maintained, or operated by the county or a municipality within the county.
Public use - Structures and uses of land owned, operated and maintained by a public body, including, but not limited to, schools, fire stations, recreational sites and facilities and water and sewerage treatment facilities.
Public utility - Any entity duly authorized to furnish and furnishing to the public under federal, State, County, or municipal regulations: natural gas, telephone, electricity, water, sewage disposal or cable television.
Public water system - A water system that is owned, maintained or operated by the county or a municipality within the county.
Recognized private access road ("RPAR") - A road identified on a plat recorded prior to November 7, 1995, as a RPAR, and such plat contained a note identifying the lot being created as lacking access to a publicly dedicated road or approved private road.
Recombination - The combination and redivision of lots shown on a recorded plat where the total number of lots is not increased and the resulting lots meet the standards of this UDO and other applicable laws.
Recreational vehicle - A transportable vehicle constructed for use as temporary living quarters. It may be self-propelled, mounted on a truck bed, or towable on its own chassis.
Remaining tract - The balance of a tract of land after deducting the lot or lots proposed for approval under this UDO.
Repairs - Restoration of portions of a structure to its condition as before decay, wear or damage, but not including alteration of the shape or size of any portion of a structure.
Residential - A lot or structure used exclusively for family dwelling purposes or intended to be so used, including accessory uses specified herein.
Resolution - A decision or ordinance by which the board of commissioners takes official action.
Road - A way for vehicular traffic which affords the principal means of access to abutting property. For the purpose of this UDO, the term "road" or "roads" also means avenues, boulevards, streets, lanes and other public or private ways.
Road classification plan - An appendix to this UDO that classifies roads in the county as either arterial, collector, local, unpaved, or private roads.
Road frontage - The common boundary between a lot and a road right-of-way.
Road, arterial - A road that is designated as an arterial road on the road classification plan.
Road, collector - A road that is designated as a collector road on the road classification plan.
Road, local - A road that is designated a local road on the road classification plan and that provides access only to adjacent properties and does not serve vehicles passing through an area with no origin or destination within such area and which has a projected average daily traffic count of up to 400 vehicles per day.
Road, private - A road which has not been dedicated to and/or accepted by the county for ownership and maintenance.
Road, public - A road which is maintained by the DOT, municipality, or the county. Also a county maintained road or a State road.
Screening - A wall, partition, planting, or combination thereof that is carried up to a certain height for separation and protection.
Setback - The shortest distance separation between the street line or ultimate right-of-way line, front, side, or rear lot lines, and nearest point of any building or structure. Setbacks are measured in accordance with section 114-611 to define the line or vertical plane representing the setback distance and yard depth, also described as the inner edge of any required yard. The setback line demarcates the vertical plane that separates a required yard from the "buildable area" of the lot, within which principal structures may be erected. Required setback lines establish the minimum or maximum required setback distance or yard depth.
Setback, front - the shortest distance between the street line or ultimate right-of-way on which the property fronts and the building.
Setback, exterior side - the shortest distance between the street line or ultimate right-of-way of the road intersecting the road on which the property fronts and the building.
Setback, interior side - the shortest distance between the side property line shared with another lot and the building.
Setback, rear - the shortest distance between the rear property line shared with another lot and the building.
Sight triangle - A triangular shaped portion of land established for unobstructed visibility of motorists entering or leaving a street or driveway intersection in which nothing, whether stationary or moveable (i.e., vehicles, vehicular maneuvering area, signs, landscaping or objects of any kind) is permitted to be located between a height of two and one-half and ten feet above the elevation of the adjoining edge of pavement. An exception to the prohibition is an isolated tree with clear trunk (no branches) between two and one-half and ten feet. Sight triangles shall be provided at the: 1. Intersection of all county and state owned rights-of-way; 2. Intersection of an alley or street and a driveway; 3. The intersection of an alley and a street; or 4. The intersection of a street and a street.
Sign - Any letter, number, symbol, figure, character, mark, plane, point, design, stroke, strike, line, illuminated surface, light, string of lights, graphic, picture, mural, or any random or ordered variation of colors or dimensional textures, which is so constructed, placed, attached, painted, erected, or fastened in any manner to either convey information or attract the attention of the public to any place, item or idea, and which is visible by a pedestrian at ground level on any street, or any adjoining premises. Neither this definition nor the UDO makes unlawful any of the following if they are not used or intended to convey any information or depict any item or idea: (i) one or more dimensional architectural components or dimensional architectural details constructed as an integral part of a building, or (ii) any dimensional architectural component or dimensional architectural detail being consistently colored a color that is different from the color of the building or the color of another such component or detail (for example: roof versus fascia, fascia versus soffit, soffit versus wall, wall versus trim, trim versus window, window versus door, et cetera). A sign includes any associated sign structure. Signs do not include holiday decorations as defined herein.
Sign, animated - Any sign that uses movement or change of light to depict action or create a special effect or scene.
Sign, banner - Any sign of lightweight fabric or similar material that is securely mounted to a pole or a building. National flags, State or municipal flags, or the official flag of any institution or business shall not be considered banners.
Sign, banner (commercial) - Any banner containing a commercial message.
Sign, banner (noncommercial) - Any banner not containing a commercial message.
Sign, blade - Any portable sign consisting of a vertical banner made of vinyl, nylon reinforced vinyl, polyethylene or polyester-like materials, durable fabric or similar material, the longer dimension of which is typically attached to a pole or rod that is driven into the ground, supported by an individual stand or bracketed to a structure. Also called a "quill sign," "swooper," "flutter flag," "bow sign" or "teardrop banner." This definition includes functionally similar devices.
Sign, beacon - Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
Sign, building - Any sign attached to any part of a building, in contrast to a freestanding sign.
Sign, building marker - Any sign indicating the name of a building, date, and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Sign, canopy - Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Sign, digital gas price - Any sign or portion of a sign that uses electronic, LED, or LCD panels to show numeric characters representing the price per unit of fuel sold on the premises.
Sign, electronic message center - Any sign or portion of a sign that uses changing lights to form a sign message or messages using alpha-numeric symbols and wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
Sign, free expression - Any sign that does not advertise products, goods, businesses or services and that expresses an opinion or other point of view.
Sign, freestanding - Any sign supported by structures or supports which are placed on, or anchored in, the ground and that are independent from any building or other structure. Freestanding signs include pole signs and monument signs. An outdoor advertising sign is not considered a freestanding sign in this UDO.
Sign, incidental - Any sign that cannot be read from a public right-of-way that may be attached to a building or window or free-standing. For purposes of this definition, incidental signs include sign faces that cannot be seen from a public right-of-way or private street, and signs consisting solely of lettering less than two and one-half inches in height. Incidental signs include, but are not limited to hours of operation, prices, signs on menu boards, directories for multi-tenant buildings and information provided for the benefit for customers on the premises.
Sign, integral roof means any sign erected or constructed as an integral or essentially integral part of a normal structure of any design, such that no part of the sign exceeds vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Sign, marquee - Any sign attached to, in any manner, or made a part of a marquee.
Sign, monument - A sign that that is erected directly upon the existing grade or artificially created landscaped berm and designed such that all means of support are concealed in a totally enclosed base that has an equal or greater width than the sign. A monument sign shall not include a sign in which support structure(s) (pole) is wrapped and/or concealed with a skirt. If a monument sign is placed on an artificially created landscape berm, the berm height shall be included in measuring/determining the maximum height of the sign.
Sign, nonconforming - Any sign existing on the effective date of the ordinance from which this chapter is derived that does not conform to the requirements of this chapter.
Sign, outdoor advertising - Any structure or portion thereof, situated on private premises, on which lettered, figured, or pictorial matter is displayed for advertising purposes, except for the name and occupation of the user of the premises or the products primarily sold or manufactured on the premises or noncommercial messages, and having an area of 100 square feet or more. Any signboard carrying a message excepted in this definition that also carries extraneous advertising of more than 100 square feet shall be considered an outdoor advertising sign.
Sign, pole - Any freestanding sign that is attached to one or more poles, posts, columns or supports.
Sign, portable - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, but not including trailer signs (as herein defined); signs converted to A- or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of business.
Sign, projecting - Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Sign, residential - Any sign located in a district for residential uses.
Sign, roof - Any sign erected or constructed as an integral or essentially integral part of a normal structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Sign, snipe - Any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
Sign, suspended - Any sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Sign, temporary - Any sign or advertising display constructed of cloth, canvas, light fabric, plywood or other flexible material, designed or intended to be displayed for a short period of time.
Sign, trailer - Any sign designed to be transported by means of wheels, whether or not the wheels remain attached, located on the ground and permanently attached thereto, and which is usually a two-sided sign and including any single- or double-surface painted or posted panel type sign, or any variation thereof.
Sign, vehicle - Any permanent or temporary sign affixed or painted on a vehicle.
Sign, wall - Any building-mounted sign that is attached to or painted on an exterior wall so that the sign faces are generally parallel to the building wall. A sign installed on a false or mansard roof is also considered a wall sign.
Sign, wall wrap - Any sign or portion thereof composed of fabric, plastic, vinyl, mylar or a similar material that drapes or hangs over the side of a building, wall or window.
Sign, wayfinding - A freestanding sign located within a multi-building development, such as an industrial or business park, that identifies the locations of buildings, tenants, or on-site facilities within the development. These signs are intended to aid navigation within the development and may be placed near entrances to parking areas and at principal internal intersections.
Sign, window - Any sign, picture, symbol, or combination, thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Site built dwelling - A dwelling which is not a manufactured home, mobile home, modular home or trailer.
Sketch plat - A conceptual plan which outlines generally lot dimensions, drainage structures and the location of roads within a proposed subdivision.
Special events - Concerts, festivals, races, walks, parades, triathlons, circuses, carnivals, shows, exhibitions, public amusement events by an organization, and other events, whether operated totally outdoors, on stage, under tents or with the use of temporary buildings or structures, upon any parts or portions of public lands or public roads, or upon private lands in the county when members of the public are invited as participants or spectators and which may include entertainment, dancing, music, dramatic presentations, art exhibitions, or the sale of merchandise, food, or alcoholic beverages, or any combination of the foregoing, and which may require for its successful execution the provision and coordination of public services.
Story - That habitable portion of a structure included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between the floor and ceiling next above it.
Structure - Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, buildings, manufactured homes, mobile homes and fences.
Subdivision - All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, legacy, or building development or all divisions of land involving a new road or a change in existing roads. The term "subdivision" includes the re-subdivision of land and when appropriate to the context relates to the process of subdivision or to the land subdivided. Also sometimes called "division."
Subdivision improvements - Any structures installed or constructed by a developer within a subdivision, including, but not limited to, roads, drainage systems, private water systems or private sewerage systems.
Surveyor - An individual licensed by the State of Georgia as a registered surveyor.
Swimming pool - Any structure intended for swimming or recreational bathing that contains water over 24 inches deep with a closed-loop circulation of water through a water treatment system with a return to the pool. This includes in-ground, above-ground and on-ground swimming pools, hot tubs or spas.
Temporary use - a short-term use of a site or building for one of the following purposes: marketing of a new development, such as sales offices and model homes; structures and activities associated with construction activities that are not otherwise approved through another development permit; temporary or seasonal sales; and temporary filming or audio recording of still, live or motion picture productions for theatres, television entertainment, industrial use or internet content.
Trailer - A non-self-propelled vehicle or conveyance permanently equipped to travel upon a street or highway that is not to be used as a residence or living quarters, but may be used as a temporary office.
Trash - Cuttings from vegetation, refuse, paper, bottles, or rags.
Trustee - An entity approved by the engineering director as to financial reliability and which holds legal title to property conveyed by a trust indenture.
Unit - Each building or dwelling or portion of a building or dwelling which ties into a water system or a sewage disposal system.
Use - The purpose for which a lot or structure is arranged, designed or intended, or for which it is or may be occupied or maintained.
Use, mixed - A use involving both one or more commercial uses and a residential use on a single lot or within a single building, with each being a principal use.
Utilities - A system relating to the distribution of currently available services such as electrical power, natural gas and communications.
Variance - A modification of the strict terms of this UDO granted by the appointed body where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual lot on which the variance is sought and not as a result of any action on the part of the lot owner, a literal enforcement of this UDO would result in unnecessary and undue hardship.
Vehicle - A conveyance for persons or materials.
Warranty - An agreement from a developer, on a form approved by the county attorney, guaranteeing to repair or replace any defect in subdivision improvements dedicated to the county by such developer within a specified period of time. The agreement can contain a provision releasing the developer from liability for the repair or replacement of damages resulting solely from a natural disaster such as a hurricane or earthquake or resulting from emergency relief or clean-up efforts following any such disaster.
Waterfront - A site shall be considered waterfront provided any or all of its lot lines abut on or are contiguous to any body of water, including creeks, canals, rivers, or any other bodies of water natural or artificial, including marshlands, but excluding swimming pools.
Wetland - An area that is inundated or saturated by surface water or groundwater 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, marshlands, bogs and similar areas. The term "wetland" also includes all land classified as such by the U.S. Army Corps of Engineers or the NRCS.
Yard - An open space on a lot situated between the principal building on such lot and the lot lines of such lot. In measuring a yard for determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line or the road center line and the principal building on the lot shall be used.
Zoning classification: The identification assigned to a zoning district on the zoning map of the county.
Zoning district - An area delineated with specific geographical boundaries on the zoning map.
Zoning, agricultural district - Includes the A-5 district.
Zoning, commercial district - Includes the B-1, B-2, C-1, DM-1, and W-B districts.
Zoning, industrial district - Includes the I-1, I-2, P/I, and WM districts.
Zoning, residential district - Includes the R-15, R-M, and R-MH districts.
Zoning, rural residential district - Includes the RR-2.5, RR-1.5, and RR-1 districts.

 

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 3-2025, § 2, 1-14-2025; Ord. No. 16-2025, § 2, 9-9-2025)

The definitions in this section apply to uses referenced in the zoning districts of article V and the supplementary conditions for specific uses referenced in article VII of this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)