Common terms. When used in this ordinance, the following words and phrases have the meaning as defined in this article. Terms not defined here have the same meaning as is found in American Heritage College Dictionary, Copyright 1993, 3rd Edition, here consistent with the context. The terms "must," "will," and "shall" are mandatory in nature, indicating that an action has to be done. The term "may" is permissive and allows discretion regarding an action. When consistent with the context, words used in the singular number include the plural, and those used in the plural number include the singular. Words used in the present tense include the future. The word "developer" includes a "firm," "corporation," "co-partnership," "association," "institution," or "person." The word "lot" includes the words "plot" and "parcel." The word "building" includes the word "structure." The words "used" or "occupied" as applied to any land or building include in its meaning the words "intended," "arranged," or "designed," "to be used" or "occupied."

(Amd. of 4-4-23(2), § 201)

Accessory uses: A structure or use that is incidental and subordinate to and serves the principal structure or use located on the same lot, parcel or tract.

Administrative variance: A variance which may be granted by the building and zoning official.

Adult entertainment: As defined in chapter 4.5 of the Code of Ordinances of Bulloch County, Georgia.

Agriculture: The production, raising, breeding, or maintenance of plants and animals including, but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, or goats, game animals, exotic fish, and any mutations or hybrids thereof, including the breeding and grazing of any or all such species; bees and apiary products; fur animals; trees and forest products; fruit of all kinds, including grapes, nuts, berries; vegetables, nursery; floral, ornamental and greenhouse products; or land devoted to a soil conservation or forestry management program on tracts of land at least five acres in size, including all associated activities. Retail selling of products raised on the premises is permitted provided that space necessary for the parking of customers' vehicles is provided off the public right-of-way. This does not include the commercial slaughter of poultry, livestock, or other animals.

(1)

In relation to the treatment of agricultural facilities and operations as nuisances, Georgia law provides in O.C.G.A. § 41-1-7(a) that "it is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products. When nonagricultural land uses extend into agricultural or agriculture-supporting industrial or commercial areas or forest land or when there are changed conditions in or around the locality of an agricultural facility or agricultural support facility, such operations often become the subject of nuisance actions. As a result, such facilities are sometimes forced to cease operations. Many others are discouraged from making investments in agricultural support facilities or farm improvements or adopting new related technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural and forest land resources by limiting the circumstances under which agricultural facilities and operations or agricultural support facilities may be deemed to be a nuisance."

(2)

The Code further states in O.C.G.A. § 41-1-7(d) that "no agricultural facility, agricultural operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility shall be or shall become a nuisance, either public or private, if the facility or operation has been in operation for two years or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any such facility or operation."

(3)

The Code further states in O.C.G.A. § 41-1-7(e) that "for purposes of this Code section, the established date of operation is the date on which an agricultural operation or agricultural support facility commenced operation. If the physical facilities of the agricultural operation or the agricultural support facility are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation or agricultural support facility of a previously established date of operation."

Airport (public, private, commercial): A transportation terminal facility where aircraft take off and land. Standards include the following:

(1)

Applicant must comply with all federal and state laws and regulations and submits evidence of FAA approval or satisfactorily demonstrates that FAA approval is not required. In HI zoning district the definition includes: related facilities customarily found in airports, such as: car rental agencies, facilities for the servicing, repair and maintenance of aircraft, restaurants, newsstands, gift shops, when located within the passenger terminal building, warehouses, and storage buildings for air-freight and bulk storage for flammable liquids.

Airstrip (private): An area designated for the takeoff and landing of private, non-commercial aircraft, with no terminal facilities and no scheduled take-offs and landings. See airport definition for applicable standards.

Antenna, dish: An outside structure intended for receiving audio or video signals via a satellite orbiting the earth. It is constructed of a round or square surface that is parabolically curved focusing on a low-noise signal amplifier and the apparatus is mounted on a base. Such antennas must meet the following development standards as well as all other applicable regulations.

(1)

They must not exceed a size of 18 feet in diameter or exceed the height limitations for the district in which they are located.

Antenna (non-commercial): A vertical structure used for receiving and sending satellite, television or radio transmissions for personal use.

Appliance repair and maintenance: This use comprises establishments primarily engaged in repairing and servicing household appliances without retailing new appliances, such as refrigerators, stoves, washing machines, clothes dryers, and room air-conditioners.

Automotive oil change and lubrication shop: This use comprises establishments primarily engaged in changing motor oil and lubricating the chassis of automotive vehicles, such as passenger cars, trucks, and vans.

Automotive parts store: This use comprises of establishments known as automotive supply stores primarily engaged in retailing new, used, and/or rebuilt automotive parts and accessories. [This use does not include the sales, dismantling, or storage of wrecked or junked vehicles]; and establishments selling new or used vehicles.

Automotive repair: This use comprises establishments primarily engaged in providing:

(1)

A wide range of mechanical and electrical repair, including, but not limited to, body work and painting, maintenance and installation services for automotive vehicles, such as passenger cars, trucks, and vans, motorcycles, trailers, and accessories; or

(2)

Engine repair and replacement.

Automotive sales and rental facilities: This use comprises establishments primarily engaged in retailing, renting or leasing of new and used motor vehicles in combination with activities, such as repair services, retailing used cars, and selling replacement parts and accessories. Motor vehicles include those that include, but are not limited to, all-terrain vehicles, passenger cars, trucks, truck tractors, buses, semi-trailers, utility trailers, boats or recreational vehicles.

Automotive towing: This use comprises establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as storage and emergency road repair services. Any vehicle storage shall be fenced and screened.

Banking: This use comprises establishments primarily engaged in accepting demand and other deposits and making commercial, industrial, and consumer loans.

Bed and breakfast inn: This use comprises establishments primarily engaged in providing short-term lodging in facilities known as bed-and-breakfast inns. These establishments provide short-term lodging in private homes or small buildings converted for this purpose. Bed-and-breakfast inns are characterized by a highly personalized service and inclusion of a full breakfast in the room rate.

Board of commissioners: The board of commissioners of the county.

Boarding house: An establishment, other than a hotel or motel, which furnishes lodging for compensation to more than four, but fewer than 20, persons and which, for the period of occupancy, may serve as a principal residence. These establishments may also provide complementary services, such as housekeeping, meals, and laundry services; provided, however, that cooking must be done in a central kitchen and not in individual rooms or suites. These establishments include, but are not limited to, fraternity houses, sorority houses, rooming houses, and similar facilities.

Boat house: A house or shed for sheltering one or more boats which must be the property of the owner of the tract of land. (Shall conform to accessory building standards.)

Body art studio: Any permanent building or structure on a permanent foundation, holding a valid county occupational tax certificate and permit from the county board of health, wherein a tattoo/body piercing artist performs tattooing or body piercing.

Bonus incentive: A bonus incentive provides an increase in allowed dwelling units per acre, and in floor area ratio (FAR) in exchange for providing certain amenities or meeting other public policy goals.

Buffer: A landscaped open area and/or screened area designed to separate incompatible uses.

Buildable area: That portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located, once the various front, side and rear yard setbacks required for the district have been subtracted from the total area.

Building: Any structure having a roof and intended for shelter, housing, or enclosure of persons, animals, or property of any kind.

Building, accessory: A structure used for a purpose that is customarily incidental and subordinate to the principal use or structure, and located on the same lot as such a principal use or structure.

Building and zoning official: One or more persons, officers or officials or his authorized representative, whom the county manager has appointed to administer and enforce individually or collectively, the building code, subdivision, and zoning ordinances.

Building height: The vertical distance measured from the average elevation of the finished grade along the front of the building to that elevation equal to the elevation of the highest point of the building.

Building line: A line extended along the foundation of a building from which is measured the distance that a building must be set back to meet the minimum distance from the building line to the front, rear or side property line or in some cases, to the center line of an adjacent roadway.

Building material dealer: This use comprises establishments primarily engaged in retailing specialized lines of new building materials, such as lumber, fencing, glass, doors, plumbing fixtures and supplies, electrical supplies, prefabricated buildings and kits, and kitchen and bath cabinets and countertops to be installed.

Building, principal: The building on a lot in which the principal use of the lot is conducted.

Building site: The ground area of a building or buildings together with all open spaces surrounded by said building or buildings.

Bus station/taxi service: This use comprises establishments primarily engaged in providing bus passenger transportation over regular routes and on regular schedules, as well as establishments primarily engaged in providing passenger transportation by automobile or van, not operated over regular routes and on regular schedules.

Camper: A motor home, tent, trailer, or other self-contained vehicle designed for recreational purposes. This type of vehicle shall not be considered as a permanent habitable space and shall not be connected to on-site sewer or water systems unless located in an authorized recreational vehicle park and campground or being used as an authorized temporary occupancy unit. See also the definition for recreational vehicle.

Cemetery: Land either already reserved for burial plots or which may, in the future, be so reserved; it may be maintained either by a family, a church or other place of worship, or a private corporation.

Center line, street: That line surveyed and monumented by the governing authority as the center line of a street, or if such a center line has not been surveyed, it is the line running midway between the outside curbs or ditches of the street.

Check cashing and small loan establishment: This use comprises establishments that provide financial services and other credit intermediation offering a range of simple transactions and consumer finance products, such as check cashing, money orders, electronic bill payment and small secured or unsecured loans. These companies also offer payday loans or advances, or may be combined with pawn shops.

Children's playhouse: A structure including, but not limited to, a jungle gym, monkey bars or climbing frame, made of many pieces of thin material, such as metal pipe or rope, on which children can climb, hang, or sit. Also includes tree houses built and used for recreation.

Church: A building in which persons regularly assemble for religious worship, which is used for such purpose, along with any accessory activities, such as school, and as are customarily associated therewith. Churches shall include: synagogues, chapel, or other places of worship including educational buildings, parsonages, church-related nurseries or kindergartens, and other related uses.

City: Any incorporated municipality in the county.

Civic and social organization: This use comprises establishments primarily engaged in promoting the civic and social interests of their members [e.g., lodges and clubs]. AG-5 zoning district also allows places for an assembly of non-members groups provided such use is located on property that fronts a county, state or federal road or highway.

Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance: This use comprises establishments primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. Establishments in this industry either sharpen/install commercial and industrial machinery blades and saws or provide welding (e.g., automotive, general) repair services; or repair agricultural and other heavy and industrial machinery and equipment (e.g., forklifts and other materials handling equipment, machine tools, commercial refrigeration equipment, construction equipment, and mining machinery).

Commercial and industrial machinery and equipment sales and leasing: This use comprises establishments primarily engaged in sales, rental or leasing heavy vehicles or equipment without operators that may be used for construction, mining, agriculture or forestry, such as bulldozers, earthmoving equipment, well drilling machinery and equipment, cranes, or similar activities.

Commercial cryptocurrency mining: The commercial process by which cryptocurrency transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of cryptocurrencies are released, through the use of server farms or data centers employing data processing equipment. Any equipment requiring a high-density load service, for a server farm or data center, will constitute a commercial cryptocurrency mining operation.

Commercial vehicle washing facility: This use comprises establishments primarily engaged in the cleaning and detailing of passenger motor vehicles, but may also include trailers, recreational vehicles and buses. Facilities may be full serve or self-serve.

Community center: This use comprises establishments primarily engaged in providing nonresidential social assistance services to improve the quality of life for the children, youth, elderly, persons diagnosed with mental retardation, or persons with disabilities. These establishments provide for the welfare of these individuals in such areas as nonmedical home care or homemaker services, social activities, group support, and companionship, adoption and foster care, drug prevention, life skills training, and positive social development. No community center building shall be located within 100 yards of any establishment that has been licensed for the sale or consumption of alcoholic beverages. Distance shall be measured by the most direct route of travel on the ground.

Community office: This use includes establishments renting real estate to others and/or managing the property.

Conditional use: A use, specifically designated in this zoning ordinance, that may cause harmful or undesirable effects on surrounding or nearby properties within a given zoning district, but would in the opinion of the board of commissioners promote the public health, safety, morals, welfare, order, comfort, convenience, appearance, prosperity, or general welfare if such uses were controlled as to number, area, location, or relation to the neighborhood or upon any other standard provided by this zoning ordinance.

Condominium: A lot developed in accordance with the provisions of the Georgia Condominium Act codified at O.C.G.A. § 44-3-70 et seq.

Contractor: A person or firm that contracts to perform work, provide supplies, or contracts to erect buildings. A contractor is permitted to have open storage of materials and equipment when located in rear yard.

Conventional construction: A dwelling unit constructed on the building site from basic materials delivered to the site. Each unit shall have a heated floor area of at least 975 square feet and be compatible with other conventional construction which may be permitted in the same general area, or existing development, or proposed development in the same zoning classification or area, or as set forth in the comprehensive plan of the county.

County: Bulloch County.

Cryptocurrency: A digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.

Cryptocurrency data center: Leased or owned boundaries of floor space devoted to the operating data processing equipment for commercial cryptocurrency mining; excludes spaces for commercial offices, storage, shipping and receiving, warehousing, or any other space that is not electronic processing.

Cryptocurrency server farm: Three or more interconnected computers housed together in a single facility whose primary function is to perform cryptocurrency mining or associated data processing.

Curb cut: The point at which vehicular access is provided to an adjoining street from a lot.

DCA: Georgia Department of Community Affairs.

Day care facility: A facility designed and intended to provide care for children under the age of 15 years, or adults, for not more than 12 hours per day. The maximum number of children permitted at such center shall be the greater of six or the maximum number permitted by the rules established by the Department of Human Resources for the state. Facility must comply with all applicable Georgia Department of Human Resources rules.

Deck/patio: A flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated from the ground, and usually connected to a building.

Density: The number of units or buildings per acre, or the number of people per unit, building, acre or mile, the quantity of people, structures, or units within a specified area.

Dispenser of low THC oil: A pharmacy that has obtained a dispensing license from the State Board of Pharmacy to dispense low THC oil and products to registered patients in accordance with Georgia's Hope Act codified at O.C.G.A. § 16-12-200 et seq. This use is not listed as a separate use in section 802 but is allowed only as part of a licensed pharmacy, subject to supplemental standards in article 14.

Display advertising: This use comprises establishments primarily engaged in creating and designing public display advertising campaign materials, such as printed, painted, or electronic displays; and/or placing such displays on indoor or outdoor billboards and panels, or on or within transit vehicles or facilities, shopping malls, retail (in-store) displays, and other display structures or sites.

Domesticated animal: An animal that is accustomed to living in or about the habitation of humans, including, but not limited to, cows, dogs, cats, fowl, horses, swine, goats, rabbits, caged wild animals, and exotic animals.

Domesticated livestock: Means and includes horses, cows, goats, pigs, or any other hoofed animal used for pleasure or profit. Fowl and rabbits are expressly included within this definition.

Drive-through facility: A business establishment providing a driveway approach or parking spaces to serve patrons in a short time span passing through in motor vehicles. Such a facility may be a principal or accessory use and includes, but is not limited to, restaurants, pharmacy/drug stores, commercial vehicle washing facilities, gasoline pump islands, bank ATMs, ice vending and other similar uses.

Drycleaning and laundry service: This use comprises establishments primarily engaged in one or more of the following:

(1)

Providing drycleaning services;

(2)

Providing laundering services;

(3)

Providing drop-off and pickup sites for laundries and/or drycleaners; and

(4)

Providing specialty cleaning services for specific types of garments and other textile items (except carpets and upholstery), such as fur, leather, or suede garments; wedding gowns; hats; draperies; and pillows. These establishments may provide all, a combination of, or none of the cleaning services on the premises.

Dwelling: A building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boarding houses, or rooming houses.

Dwelling, accessory: A unit established within the principal building or in a separate structure, and on the same lot as the principal structure.

Dwelling, apartment: Three or more dwelling units, under a single ownership, designed for lease or rent and located on one lot of land designed and intended for lease or rental.

Dwelling, cluster: One of a series of attached or detached dwelling units developed under a single ownership.

Dwelling, multiple-family: A building designed, constructed, altered or used for three or more adjoining dwelling units. A multiple-family dwelling may be apartments or condominiums. Each unit shall have a heated floor area of at least 600 square feet per dwelling unit and be compatible with other conventional construction which may be permitted in the same general area, or existing development, or proposed development in the same zoning classification or area, or as set forth in the comprehensive plan of the county.

Dwelling, single-family detached (site built): A single site built residential detached building designed for or containing one dwelling unit.

(1)

Each unit shall have a heated floor area of at least 975 square feet and be compatible with other conventional construction which may be permitted in the same general area, or existing development, or proposed development in the same zoning classification or area, or as set forth in the comprehensive plan of the county.

Dwelling, two-family: A detached dwelling designed, constructed, altered, or used for two adjoining dwelling units, with each dwelling unit having a party wall connecting it with the other dwelling unit, located on one lot; also known as a "duplex." Site-built and industrial homes shall have a heated floor area of at least 1,200 square feet. Each dwelling unit shall have a minimum of 600 square feet each.

Dwelling unit: One or more rooms within a dwelling forming a separate, independent housekeeping establishment for use of one family involving owner or renter occupancy, with provisions for cooking, eating, and sleeping.

Easement: The right or privilege of using another's property, for purposes such as constructing and maintaining sanitary sewers, water mains, electric lines, telephone lines, storm sewers, gas lines, bicycle paths, pedestrian ways, ingress and egress.

Education or training facility: This use comprises establishments primarily engaged in offering an array of short duration courses and seminars. Training for career development may be provided directly to individuals or through employers' training programs; and courses may be customized or modified to meet the special needs of customers. Instruction may be provided in diverse settings, such as the establishment's or client's training facilities, educational institutions, the workplace, or the home, and through diverse means, such as correspondence, television, the internet, or other electronic and distance-learning methods. The training provided by these establishments may include the use of simulators and simulation methods.

Electric vehicle charging station (private restricted use): A private parking space with no access to the general public that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle.

Electric vehicle charging station (public use): A public parking space on a commercial or nonresidential site that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle.

Facilities to host private and public functions: This use includes buildings for hosting private and public functions, including, but not limited to, weddings, receptions, dinners, festivals and socials.

Factory—built housing: An obsolete term used to describe an industrialized building. See definition of industrialized building.

Family: Two or more persons occupying a single dwelling unit where all members are related by blood, marriage, adoption, or in foster care.

(1)

No single dwelling unit located in a single-family residential zoning district shall have more than four unrelated individuals residing therein, nor shall any "family" have, additionally, more than four unrelated individuals residing with said family.

(2)

When the dwelling is located in any zoning district other than a single-family residential district, one of the following is permitted:

a.

Family related by blood, marriage, adoption or foster care may have two additional unrelated individuals; or

b.

Unrelated individuals not exceeding four.

(3)

In all cases, household employees employed on the premises may be housed on the premises without being counted as a separate family or unrelated individual. The term "family" does not include any organization or institutional group.

(4)

Any nonconforming use created by the adoption of this definition of "family" shall be permitted to continue for a period of one year from November 4, 1994, after which period, the use of such dwellings(s) shall be in compliance herewith.

Farm: Any tract or parcel of land containing five or more acres that is devoted to the raising of agricultural products, including, but not limited to, soil crops, livestock, dairying horticulture, poultry, fish, fowl, sod farming, farm forestry, and commercial timber and other similar bona fide agricultural enterprises (see "agriculture") or use of land or structure regardless of the quantity or value of production.

Farm supply store: This use includes farm supply stores and agricultural related businesses, such as agricultural implements sales and service, auction facilities, feed and grain stores and other businesses not involving sales or services to the general public, that fronts on a county, state, or federal road or highway and provided such buildings or uses are not located within 100 feet of an abutting property zoned R or MHP, or utilized for single-family residential or manufactured home use.

Farm winery: As defined in O.C.G.A. tit. 3, ch. 6, art. 2, provided that a farm winery must maintain a farm winery alcohol license in accordance with chapter 3 of this Code and must comply with the supplemental standards in article 14 of this appendix.

Fence: A fence must meet the following standards:

(1)

The fence must not be over four feet in height if located in the front yard of the street that the front of the dwelling faces.

(2)

The fence must be chain link, decorative wood, decorative vinyl, or ornamental wrought iron.

(3)

Any other fencing materials must be approved by the building and zoning official.

Flag lot: A lot with road frontage no greater in width than one-half the required lot width for the applicable zoning district and with access to the bulk of the lot provided by means of a narrow corridor. For purposes of this definition, the access to the lot shall be considered a "narrow corridor" if the lines of the corridor diverge ten degrees or less. Flag lots shall be subject to the following restrictions and conditions:

(1)

Flag lots are only allowed in the AG-5 zoning district.

(2)

No flag lot may be subdivided from a single lot or parcel of property with less than 500 feet of road frontage.

(3)

With the exception of adjacent flag lots, no more than one flag lot shall be permitted to front on the same side of the road every 500 feet when subdividing a single lot or parcel of property. Provided however, that this distance requirement shall not be applicable to flag lots that are created from separate lots or parcels of property. For purposes of this provision, the distance shall be measured along the road between the nearest property lines.

(4)

No more than two flag lots created from the same lot or parcel of property shall be permitted to be adjacent to one another.

(5)

The limitations regarding road frontage, distance, and adjacent flag lots in subsections (2), (3), and (4) shall not be applicable to flag lots created pursuant to the provisions of subsection 503(a)(15) of this chapter (the AG-5 family provision), provided that no more than five flag lots are created from a single lot or parcel pursuant to said provision.

Flea market: This use comprises establishments primarily engaged in retailing merchandise via direct sale to the customer by truck or wagon sales, and portable stalls.

Floodplain: That area delineated on the flood insurance rate map, published by the Federal Emergency Management Agency (FEMA) and as amended from time to time, which shows the boundary of the 100-year floodplain.

Floor area: The area of a dwelling exclusive of attic, basement, garage, carport, patios, and open porches measured from the exterior face of the exterior walls of a dwelling. Also, the gross leasable floor area for any business or industry based on interior dimensions.

Food processing facility: Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, and egg farms.

Freight trucking (terminals, storage and parking): This use comprises establishments primarily engaged in providing local and long-distance general freight trucking that includes freight terminals and truck parking facilities primarily designed for either the unloading, loading, or temporary storage of trucks, semi-trailers, and shipping containers, or to provide rest for drivers who must observe federal hours-of-duty regulations. This does not include truck stops, fueling centers or manufacturing and distribution activities.

Fruit and vegetable market: This use comprises establishments primarily engaged in retailing fresh fruits and vegetables.

Funeral homes and funeral service: This use comprises establishments primarily engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). Funeral homes combined with crematories are included in this industry.

Garage or carport, private: A covered space for the storage of one or more motor vehicles belonging to the occupants of the principal use on the lot. No business, occupation or service may be conducted for profit within the private garage except a home occupation or a garage sale, provided the garage sale is not conducted on a regular basis as part of the occupation or business of the owner or occupant of the garage. In R3 district, garage shall not exceed the storage capacity of three automobiles per dwelling unit.

Garden (non-commercial): Includes greenhouse and other customary garden structures.

(1)

R80, R40, R25, R15, R8 and R2 districts: Structures cannot be over 12 feet high.

(2)

R3 district: Structures cannot be over eight feet high.

Gasoline station with convenience store: This use comprises establishments engaged in retailing automotive fuels (e.g., diesel fuel and gasoline) in combination with convenience store or food mart items. These establishments may also sell alcohol for off-premise consumption.

General business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community. Any retail business that falls within this general definition but is otherwise more specifically defined in this ordinance shall be subject to the requirements and restrictions imposed on the more specific definition.

Golf course, tennis court and country club: This use comprises:

(1)

Establishments primarily engaged in operating golf courses (except miniature);

(2)

Tennis courts; and

(3)

Establishments primarily engaged in operating golf courses, along with dining facilities and other recreational facilities that are known as country clubs.

These establishments often provide food and beverage services, equipment rental services, and golf instruction services. Minimum standards for the golf course include:

(1)

It must be for daytime use only. A driving range may be lighted for night time use, unless it would constitute a nuisance to adjacent properties or a hazard to nearby public rights-of-way.

(2)

All buildings, greens, and fairways must be set back at least 50 feet from any property line.

Government: Local, state, federal: Includes buildings, facilities or property owned, operated or used by Bulloch County, the State of Georgia or the United States of America.

Grocery store: A retail store that sells food, beverages, and other household implements and supplies.

Guard living quarters: Living quarters for security guard or caretaker associated with a manufacturing facility.

Heavy manufacturing: Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions that include, but are not limited to, smoke, steam, noise, soot, dirt, vibration, odor, or any other by-product of the manufacturing process that is known to be detrimental to the human or natural environment. These activities may involve outdoor operations as part of their manufacturing process. Heavy manufacturing uses include, but are not limited to, storage of petroleum products; concrete or cement fabrication where raw materials and finished products are stored outside; pulpwood processing; asphalt manufacturing; recycling center; outdoor storage of solid waste; rock, sand, or gravel distribution or storage and other uses similar in nature. Any heavy manufacturing activity that falls within this general definition but is otherwise more specifically defined in this ordinance shall be subject to the requirements and restrictions imposed on the more specific definition.

High density load service: The provision of electrical service where the requested load density has, for any monthly billing period, either an average power demand in excess of 300 kilowatts, or an average power density in excess of 250 kilowatt-hours per year per data center square foot, equivalent to 35.064 square feet per kilowatt, at 100 percent load factor.

Home and garden equipment sale, repair and maintenance: This use comprises establishments primarily engaged in selling, repairing and servicing home and garden equipment [e.g. retailing new home and garden equipment, such as lawnmowers, handheld power tools, edgers, snow- and leaf-blowers, and trimmers].

Home occupation (cottage industry): A small business enterprise or activity where the family unit who owns or operates the business resides, and, which is typically greater in scale or intensity than that of a home occupation, but, less than what would be required to be located in a commercial or industrial zoning district.

Home occupation (residential): An occupation for gain or support conducted by members of a family residing on the premises, and other employees, entirely within the principal or accessory building(s).

Hospice care facility: This use comprises establishments primarily engaged in providing inpatient nursing and rehabilitative services for terminally ill patients. The care is generally provided for an extended period of time to individuals requiring nursing care. These establishments have a permanent core staff of registered or licensed practical nurses who, along with other staff, provide nursing and continuous personal care services.

Hospital: This use comprises establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. These hospitals have an organized staff of physicians and other medical staff to provide patient care services. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services.

Hotel and motel: This use comprises establishments primarily engaged in providing short-term lodging in facilities known as hotels, motor hotels, resort hotels, and motels. The establishments in this industry may offer food and beverage services, recreational services, conference rooms and convention services, laundry services, parking, and other services.

Hotel, extended stay: This use comprises establishments primarily engaged in providing longer-term lodging facilities containing 20 percent or more of its rooms intended or designed to be used, rented or hired out to be occupied for overnight guests for up to 30 days during a 180-day period. Such facilities may typically provide the same services and amenities as a short-term hotel, but also offer in-room kitchen appliances for food preparation (stoves/ovens and hot plate, but not microwaves and coffee makers), self-serve laundries and other like amenities.

HUD: U.S. Department of Housing and Urban Development.

Industrialized building: A home manufactured in accordance with the Georgia Industrialized Building Act and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner.

Inert landfill: Site must be geotechnically suitable as defined by the State of Georgia Comprehensive Solid Waste Management Act 1990. An inert landfill shall comply with the applicable requirements of the Georgia Solid Waste Management Act of 1990, as amended. All inert landfills must obtain all state, federal or local permits that are applicable.

Intermediate care home: A facility that admits residents on medical referral. It maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies. It otherwise complies with the rules and regulations contained in chapter 290-5-9, intermediate care homes (Rules of the Georgia Department of Human Resources).

ISO intermodal steel container: Structure for the storage and maintenance of equipment and supplies used in maintaining the principal building and its grounds. Must meet the following standards:

(1)

The floor of the container is elevated at least one foot off the ground.

(2)

The container must be adequately screened from view from any public road.

(3)

The container must be maintained in good condition, free of rust and holes (AG-5, HC and GC districts only).

(4)

One container cannot be connected to another container; provided, however, that containers which are connected only by a roof or awning shall not violate this provision.

(5)

Two per five acres (maximum of five per lot) in AG district.

Junk yard, salvage yard, and auto wrecking yard: A place where waste, discarded or salvaged metals, structure materials, paper, textiles, used plumbing fixtures, used vehicles or equipment in inoperative condition, or similar items are bought, sold, exchanged or stored, baled or cleaned. Also includes the parking, storage or disassembly of three or more junked vehicles, or wrecked or non-operable automobiles, trucks, or other vehicles that do not bear a current license plate.

Kennel (commercial): The housing for four or more dogs, cats, or other domestic animals for the purpose of providing an income or revenue for such activities as boarding, breeding, training or veterinary care.

Kennel (private): The housing for four or more dogs, cats, or other domestic animals for the purpose of private enjoyment for such activities as boarding, breeding, or training.

Laundromat: This use comprises establishments primarily engaged in:

(1)

Operating facilities with coin-operated or similar self-service laundry and drycleaning equipment for customer use on the premises; and/or

(2)

Supplying and servicing coin-operated or similar self-service laundry and drycleaning equipment for customer use in places of business operated by others, such as apartments and dormitories.

Light manufacturing: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials, or materials fully encapsulated in a sealed container, including, but not limited to, jars, cans, drums, or other container of a similar nature, to be stored inside. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, steam, noise, soot, dirt, vibration, odor, or any other by-product of the manufacturing process that is known to be detrimental to the human or natural environment. Light manufacturing uses include, but are not limited to, machine shops, manufacturing of apparel, electrical appliances, electronic equipment and computer components, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, food, paper products (excluding the manufacture of paper from pulpwood), medical appliances, tools or hardware, plastic products (excluding the processing of raw materials), pharmaceuticals or optical goods, and any other product of a similar nature. Any light manufacturing activity that falls within this general definition but is otherwise more specifically defined in this ordinance shall be subject to the requirements and restrictions imposed on the more specific definition.

Liquor store: This use comprises commercial retail establishments that have the required state and local licenses for package sales of distilled spirits.

Loading space: Space logically and conveniently located for pickup and delivery service, scaled to the vehicles expected to be used, and accessible to such vehicles at all times.

Lot: Parcel of land shown on a recorded plat or on the official county zoning maps or any piece of land described by a legally recorded deed.

Lot width: The distance between side lot lines measured at the front building line. If the lot is a corner lot, the lot width shall be the distance between the lot lines measured along the front building line.

Machine shop: This use comprises establishments known as machine shops primarily engaged in machining metal and plastic parts and parts of other composite materials on a job or order basis. Generally machine shop jobs are low volume using machine tools, such as lathes (including computer numerically controlled); automatic screw machines; and machines for boring, grinding, and milling.

Maintenance building/shed: This use includes a structure for storage of equipment and supplies used in maintaining the principal building and its ground.

Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet 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; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.

(1)

Manufactured homes are not permitted to be used as storage buildings.

(2)

Manufactured homes located on manufactured home sales lots shall have 60 days to meet the requirements of section 9.5(e) of the manufactured home ordinance.

(3)

In R80, R40, R25, R15, R2, and R3 districts, a manufactured home must have a heated floor space of at least 975 square feet and be compatible with conventional construction which may be permitted in the same general area, or existing development, or proposed development in the same zoning classification or area, or as set forth in the comprehensive plan of the county.

(4)

One parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of five or more manufactured homes for residential occupancy shall be considered a manufactured home park and placed in a manufactured home park zoning district.

Manufactured home or industrialized home dealer: This use comprises establishments primarily engaged in retailing new and/or used manufactured homes, industrialized homes, parts, and equipment.

Manufactured home, pre-HUD: Any manufactured home that was not constructed to the HUD code, which was adopted June 1976. All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160 et seq. No permit shall be issued for a pre-HUD manufactured home.

Manufactured home space: An area of land within a planned manufactured home community designed to accommodate one manufactured home.

Manufactured housing: A general term used to describe a type of housing that is produced, either completely or partially in a factory, including manufactured homes, modular homes, and industrialized buildings.

Manufacturing (commercial districts): Includes manufacturing in connection with the principal retail business or service on the lot in commercial zoning districts. The intent is to assure that activities which are primarily manufacturing in nature are directed away from commercial zoning districts and into manufacturing zoning districts. Standards include the following:

(1)

Occupies less than 40 percent of the floor area.

(2)

Employs no more than five persons. (Establishments with five or fewer manufacturing employees in connection with a commercial activity are considered to be primarily commercial and compatible with a commercial district. Manufacturing activities with more than five employees would be considered large enough to belong in a manufacturing district with other such uses rather than in a commercial district.)

Marina (commercial): This use comprises establishments engaged in operating docking and/or storage facilities for pleasure craft owners, with or without one or more related activities, such as retailing fuel and marine supplies; and repairing, maintaining, or renting pleasure boats. A marina must be located on a minimum of 45,000 square feet.

Mini-warehouse and self-storage units: This use comprises establishments primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where clients can store and retrieve their goods.

Mobile home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet 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 manufactured prior to June 15, 1976. (Ga. L. 1968, p. 415, § 2; Ga. L. 1973, p. 4, § 2; Code 1981, § 8-2-131; Ga. L. 1982, p. 1376, §§ 3, 7; Ga. L. 1989, p. 14, § 8; Ga. L. 1992, p. 2750, § 1.).

Mobile home park: A term used to describe a planned manufactured home park. See definition of planned manufactured home community.

Mobile office: The use of a mobile office for construction administration is permitted in commercial and industrial districts during the construction of the principal use. The mobile office must be removed within 30 days of certificate of occupancy of the principal use.

Mobile vendor: Shall mean a vendor that sells or attempts to sell any commodity, merchandise or thing of value from a vehicle, push cart, wheeled cart, or other mobile equipment or implement on a transient basis at one or more locations within the county. A temporary use permit is required.

Modular home: A factory-fabricated single-family dwelling that is constructed in one or more sections and complies with the definition of industrialized building.

Multi-section home: A term used to describe a manufactured home finished in two or more sections.

Museum or exhibit area: Museum or exhibit area in conjunction with an area or use of recognized historical, aesthetic, or educational significance, provided that no commercial activities other than the possible collection of an admission fee, are associated with said museum or exhibit area.

National Manufactured Housing Construction and Safety Standards: The national building code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development; also known as the "HUD Code."

Natural resource development: Includes the removal of minerals and natural materials (includes appurtenant buildings and machinery). The owners or operators of the mine or quarry must present to the building and zoning official documentation which confirms that a permit has been issued in accordance with the Georgia Surface Mining Act of 1968, as amended.

Nursery, garden center, and farm supply store: This use comprises establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod. Also included in this industry are establishments primarily engaged in retailing farm supplies, such as animal (non-pet) feed. Farm supply stores are a conditional use in the AG-5 zoning district.

Nursing home: A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision. It maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. It otherwise complies with the rules and regulations contained in Chapter 290-5-8: Nursing Homes (Rules of the Georgia Department of Human Resources).

Office park: An area of land in which many office buildings are grouped together.

Open space: An area that is intended to provide light and air and within which a structure is prohibited under the provisions of this ordinance.

Outdoor advertising sign: A sign which conveys a commercial message directing attention to or promoting a business commodity, service or entertainment conducted, sold or offered at a location other than upon the premises on which the sign is located. Also referred to as a billboard.

(1)

Must comply with D.O.T. standards, if applicable, the county sign ordinance, and other applicable local ordinances.

Outdoor seasonal sales: Outdoor seasonal sales refer to temporary stands and structures used for the retail sales of seasonal items. Examples of seasonal items may include plants, Christmas trees fireworks, pumpkin stands. A temporary use permit is required.

Outdoor storage: The storage of large quantities of materials or products associated with an industry or business. Such storage will often require a structure designed for and/or devoted to the containment of the item.

Parking lot and garage: This use comprises establishments primarily engaged in providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis and/or valet parking services.

Parking space: The storage space for one motor vehicle.

Pawn shop: An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or other valuable things.

Personal care home: Any building or group of buildings, facility, or place, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. It otherwise complies with the rules and regulations contained in Chapter 111-8-62: Personal Care Homes (Rules of the Georgia Department of Community Health). For the purpose of this section, personal care homes are classified as follows:

(1)

Family personal care home: A home for adults in a family type residence, noninstitutional in character, which offers care to two through six persons.

(2)

Group personal care home: A home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven through 15 persons.

(3)

Congregate personal care home: A home for adults which offers care to 16 or more persons.

Planned apartment home community: A lot used as a residential area occupied by apartment homes and conforming to an approved development plan, with appropriate and adequate community services, recreation facilities, utilities, streets, and sidewalks provided by the developer.

Planned commercial development, large scale: New principal single-tenant or multi-tenant buildings or structures individually or collectively consisting of a minimum of 40,000 square feet that is primarily engaged in the sale, rental or leasing of retail goods and merchandise to the general public or by membership, and which may also render personal and business support services, hotels and motels, dining and entertainment, and indoor amusement. It also includes any permitted or conditional principal use or structure in a commercial district that is habitable for permanent human occupancy. It also includes automotive and equipment sales and rental facilities, automotive repair (including oil change and lubrication shops), building materials dealers, gasoline stations and convenience stores, manufactured home and prefabricated building dealers, professional office buildings (or office parks), shopping centers, variety stores and truck stops.

Planned commercial development, medium scale: New principal single-tenant or multi-tenant buildings or structures individually or collectively consisting of 12,000 to 39,999 square feet that is primarily engaged in the sale, rental or leasing of retail goods and merchandise to the general public or by membership, and which may also render personal and business support services, hotels and motels, dining and entertainment, and indoor amusement. It also includes any permitted or conditional principal use or structure in a commercial district that is habitable for permanent human occupancy. It also includes automotive and equipment sales and rental facilities, automotive repair (including oil change and lubrication shops), building materials dealers, gasoline stations and convenience stores, manufactured home and prefabricated building dealers, professional office buildings (or office parks), shopping centers, variety stores and truck stops.

Planned commercial development, small scale: New principal single-tenant or multi-tenant buildings or structures individually or collectively consisting of less than 12,000 square feet that is primarily engaged in the sale, rental or leasing of retail goods and merchandise to the general public or by membership, and which may also render personal and business support services, hotels and motels, dining and entertainment, and indoor amusement.

Planned manufactured home community: A lot used as a residential area occupied by manufactured homes and conforming to an approved development plan, with appropriate and adequate community services, recreation facilities, utilities, streets, and sidewalks provided by the developer, where the resident owns or rents the manufactured home and rents the manufactured home space. All manufactured homes located within a manufactured home community must be installed in accordance with O.C.G.A. § 8-2-160 et seq., and all manufactured home communities shall be designed in accordance with the applicable provisions of article 9 of this ordinance.

Planned residential development: A lot conforming to an approved development plan and used as a residential area occupied by single-family dwelling units with a minimum heated floor area of 975 square feet, two-family dwellings with a minimum heated floor area of 600 square feet per dwelling unit, multi-family dwellings with a minimum heated floor area of 600 square feet per dwelling unit, or some combination thereof. For purposes of this definition, the term "approved development plan" means the submission and approval of a sketch plan, preliminary plan, and final plat in accordance with the requirements for subdivisions in appendix B—subdivision regulations. Density shall not exceed 12 dwelling units per acre and individual buildings must be separated by not less than ten feet. Ownership of dwelling units may be transferred. Ground areas must remain under common ownership of the developer or an association for purposes of maintenance and upkeep; provided, however, that ground areas around a dwelling unit may be transferred to the owner of the dwelling unit if the developer or association retains an easement for the purpose of maintaining and upkeeping the grounds. The developer or association must retain responsibility for maintenance and repair of septic systems serving more than one dwelling unit, either through ownership of the septic system or through an easement allowing the developer or association to maintain and repair the septic system.

Planning and zoning commission: The county planning and zoning commission.

Plat: A map, plan, or layout of a county, city, town, section, or subdivision or lot indicating the location and boundaries of properties prepared and stamped by a registered surveyor.

Pre-fabricated home: A general term used to describe any home constructed in a factory setting including manufactured homes, modular homes, and industrialized buildings.

Pre-fabricated structures/buildings (other): A general term to describe permanent or portable accessory structures such as barns, sheds, decks, garages, gazebos, and playground sets that are usually manufactured off-site and are sometimes delivered and assembled on-site by the manufacturer or retailer.

Printing/publishing: An establishment where printed material is produced, reproduced and/or copied by either a printing press, photographic reproduction techniques, or other similar techniques.

Professional offices: A building providing office space for professional services (e.g., health care, financial, insurance, legal, real estate, etc.).

Public sewer: Sanitary sewer service provided by the county or the City of Statesboro.

Public water: Water service provided by the county, the City of Statesboro, the City of Brooklet, or a private water system approved by the Department of Natural Resources.

Radio station: This use comprises establishments primarily engaged in broadcasting aural programs by radio to the public. Programming may originate in their own studio, from an affiliated network, or from external sources.

Rail transportation: This use comprises establishments primarily engaged in providing specialized services for railroad transportation including servicing, routine repairing (except factory conversion, overhaul or rebuilding of rolling stock), and maintaining rail cars; loading and unloading rail cars; and operating independent terminals.

Recreation facility, outdoor commercial: This use includes commercial unenclosed recreation facilities including, but not limited to: archery ranges, fairgrounds, paintball fields/facilities, firearms shooting range, golf driving ranges, parks and trails for motorized or nonmotorized vehicles (including bicycles, and skateboards) and race tracks for animals or motorized vehicles.

Recreation facility, outdoor private: A common area serving a planned single-family residential or multi-family residential development that is set aside for leisure activities that are usually formal in nature and intended for group participation. Such activities typically require equipment and take place at prescribed places, sites, or fields, including, but not limited to, swimming pools, tennis, volleyball, and basketball courts, and baseball, soccer, or other playing fields. This definition shall not be interpreted to include the following uses: archery ranges, fairgrounds, paintball fields/facilities, firearms shooting range, golf driving ranges, parks and trails for motorized or nonmotorized vehicles (including bicycles, and skateboards) and race tracks for animals or motorized vehicles.

Recreational vehicle: A motor home, tent, trailer, or other self-contained vehicle designed for recreational purposes. This type of vehicle shall not be considered as a permanent habitable space and shall not be connected to on-site sewer or water systems unless located in an authorized recreational vehicle park and campground or being used as an authorized temporary occupancy unit. See also the definition for camper.

Recreational vehicle park and campground: This use comprises establishments primarily engaged in operating sites to accommodate campers and their equipment, including tents, tent trailers, travel trailers, and RVs (recreational vehicles). These establishments may provide access to facilities, such as washrooms, laundry rooms, recreation halls and playgrounds, stores, and snack bars.

Recycling center: A facility which may be held in public and/or private ownership and which is designated to sort and process materials (aluminum cans, glass, newspaper, tin, HPDE and PET plastics), which have been separated from waste normally discharged into sanitary landfills and sold for re-use in other markets (see heavy manufacturing).

Research and technology park: The facility which may be held in public or private ownership to facilitate the efficient transfer of technology, proprietary information, and inventions to the private sector.

Restaurant: A structure that prepares and serves food to customers, including sit down, fast food, drive-through, and drive-in facilities. Some establishments in this industry may provide these food services in combination with selling alcoholic beverages.

Right-of-way line: The boundary of a strip of land designed, reserved, dedicated, or acquired for the purpose of pedestrian or vehicular access.

Roadside stand: This use comprises establishments primarily engaged in sale of agricultural products grown on the premises, with a floor area not exceeding 500 square feet.

Sawmill: This use comprises establishments primarily engaged in sawing dimension lumber, boards, beams, timbers, poles, ties, shingles, shakes, siding, and wood chips from logs or bolts. Sawmills may plane the rough lumber that they make with a planning machine to achieve smoothness and uniformity of size.

School: Schools must be located on either an arterial or collector road and the lot must have a minimum road frontage of 200 feet.

(1)

Setbacks for schools include the following:

(2)

Schools in MHP must have a minimum of five acres.

Sectional home: A general term used to describe any home constructed in a factory setting, especially manufactured homes.

Security service, private: This use comprises establishments primarily engaged in providing guard and patrol services, such as bodyguard, guard dog, and parking security services.

Service establishment catering to industry: This use includes services establishment catering to industry such as: advertising agencies, janitorial services, personnel agencies; data processing service; research, development and testing laboratories; private security agencies; rental and leasing services for all types of equipment.

Shopping center: This use comprises establishments primarily engaged in acting as lessors of buildings (except mini-warehouses and self-storage units) that are not used as residences or dwellings. Included in this industry are:

(1)

Owner-lessors of nonresidential buildings;

(2)

Establishments renting real estate and then acting as lessors in subleasing it to others; and

(3)

Establishments providing full service office space, whether on a lease or service contract basis. The establishments in this industry may manage the property themselves or have another establishment manage it for them.

Sign: Any fixture, placard, structure, or device illuminated or nonilluminated that uses any color, form, graphic, symbol, or writing which is visible to the general public, announcing a product, service, place, activity, person, institution, business, solicitation, or to convey information of any kind.

Site-built home: See definition of conventional construction.

Solar electric power generation: Comprises nonresidential establishments primarily engaged in operating solar electric power generation facilities. These facilities use energy from the sun to produce electric energy. The electric energy produced in these establishments is provided to electric power transmission systems or to electric power distribution systems.

Solid waste landfill: This use comprises establishments primarily engaged in:

(1)

Operating landfills for the disposal of nonhazardous solid waste; or

(2)

The combined activity of collecting and/or hauling nonhazardous waste materials within a local area and operating landfills for the disposal of nonhazardous solid waste.

Such establishment shall comply with all applicable requirements of the Georgia Environmental Protection Division.

Stick-built home: See definition of conventional construction.

Street or road, arterial: Shall mean a street of exceptional continuity that is intended to carry the greater portion of through traffic from one area of the county to another. This class of roadway describes a high capacity urban road that sits between interstate highways and collector roads on the road hierarchy in terms of traffic flow and speed. Such roadways are identified on a functional classification map from the most current version of Bulloch County's long-range transportation plan as rural or urban principal arterials and rural or urban minor arterials.

Street or road, collector: Shall mean those streets which are neither local streets nor arterial streets. Their location and design are such that they are of exceptional continuity, serve as routes passing through residential areas, serve as means of moving traffic from local streets and feeding it into arterial streets.

Street or road, local: Shall mean streets which provide only access to adjacent properties and by nature of their layout serve only vehicles with either origin or destination within the area.

Structure: Anything constructed or erected that requires a fixed location on the ground or which is attached to something having a fixed location on the ground.

Structure, nonconforming: A structure which does not comply with the zoning district development standards of that district in which the structure is located.

Subdivision: The division of a lot of record into two or more lots, building sites, or other divisions for the purposes of sale, devise or development, whether immediately or in the future, except that a subdivision does not include either of the following:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are at least equal to the standards of the zoning ordinance; and

(2)

The division of land where no new street is involved and where no new public or community water system or sanitary sewer system requiring permits by the Georgia Environmental Protection Division is involved; provided, however, that a division of land that was previously approved as a subdivision with a new street or streets or a public or community water or sanitary sewer system shall not come within this exception.

Swimming beach: This use comprises areas along streams, rivers, ponds, or lakes for swimming or sunbathing.

Swimming pool, bath house or cabana (private): An artificially enclosed body of water intended for swimming or water-based recreation. A pool can be built either above or in the ground, and from materials such as metal, plastic or concrete. A bath house or cabana is a permanent free-standing shade structure with traversing curtains, decorative drapes and/or solid walls.

Technical and trade school: This use comprises establishments primarily engaged in offering job or career vocational or technical courses (except cosmetology and barber training, aviation and flight training, and apprenticeship training). The curriculums offered by these schools are highly structured and specialized and lead to job-specific certification.

Temporary building for storage of materials: Permitted only in conjunction with construction of a building. Allowed either on the same lot where construction is taking place or on adjacent lots. Such a use must be terminated upon completion of construction.

Temporary occupancy unit: Manufactured homes, recreational vehicles, or campers shall be allowed as temporary occupancy units during the construction of a principal residential use subject to supplemental standards.

Temporary use: Shall mean a use of a short-term nature or fixed duration, which do not require permanent construction. A temporary use permit shall be required for seasonal sales not to exceed 45 days, transient merchants and mobile vendors not to exceed 90 days.

Tennis court and/or basketball facility (private): If lighted, lights must be designed so that they do not intrude upon adjacent lots. Such a court may be surrounded by a fence up to ten feet high.

Tobacco shops, vape shops and hookah lounges: A tobacco shop is a retailer whose business is exclusively or primarily involves the sale of tobacco products and related goods. A vape shop comprises establishments primarily engaged in retailing electronic cigarettes and supplies, but may also retail cigars, tobacco, pipes, and other smokers' supplies. A tobacco shop or a vape shop does not include a tobacco department, or section of a larger commercial establishment, or of any establishment with a liquor permit, or of any restaurant. A hookah lounge is a smoking establishment whose business operation, whether as its primary use or as an ancillary use, is devoted to the on-premises use of hookahs.

Tower: Shall mean a vertical structure on which is or can be located one or more antennas, including, but not necessarily limited to, guy towers, lattice towers, and monopole towers. Towers can be used for cellular phone service, television transmission or radio transmission purposes.

Transfer station: A facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing operation.

Transient merchant: Shall mean any person, firm, or corporation, whether resident or nonresident, who has no permanent, regular place of business within the county and who engages in the business of selling or offering to sell goods or services from a temporary fixed place of business located within the county. A temporary use permit is required.

Traffic impact study: A study conducted by a certified professional traffic operations engineer (PTOE) to analyze the development impact to the transportation network. Studies typically examine the trip generations from a site and determine improvements required; methodology to be used shall be approved by the county engineer. The GDOT Driveway and Encroachment Manual and Manual on Uniform Traffic Control Devices (MUTCD) are typically used.

Truck stop: This use comprises establishments engaged in retailing automotive fuels (e.g., diesel fuel and gasoline) in combination with convenience store or food mart items. These establishments can either be in a convenience store (i.e., food mart) setting or a gasoline station setting. These establishments may also include overnight parking and provide automotive repair services.

Use: Any purpose for which a building or tract of land may be designed, arranged, maintained, or occupied; or any activity, occupation, business, or operation carried on in a building or structure or on a tract of land.

Use, accessory: A use incidental or subordinate to the principal use and located on the same lot as the principal use.

Use, nonconforming: A use of land or building, or both, that does not conform to the regulations and standards of the district in which either or both is located.

Use, principal: The main purpose for which a lot is used.

Used merchandise (e.g., antique stores): This use comprises establishments primarily engaged in retailing used merchandise, antiques, and secondhand goods (except motor vehicles, such as automobiles, RVs, motorcycles, and boats; motor vehicle parts; tires; and mobile homes).

Utility substations: This use comprises a building or structure located above ground such as pump stations and equipment buildings used to transmit, distribute, or switch power, water, sewerage, natural gas, or communications signals.

Variance: An authorization granted by the planning and zoning commission for construction or maintenance of a building or structure which is otherwise prohibited by this ordinance, when such authorization will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary or undue hardship; provided, however, that with the exception of a medical hardship variance, no variance will be granted which shall authorize a land use not otherwise permitted in a particular district.

Variety store: A retail sales use with a floor area less than 12,000 square feet that offers for sale a combination and variety of convenience and consumer shopping goods at a price typically less than $10.00. Examples include, but are not limited to, Family Dollar, Dollar General, Dollar Tree, Five Below, dime stores or five and dime stores.

Veterinary service: This use comprises establishments of licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals; and establishments primarily engaged in providing testing services for licensed veterinary practitioners.

Warehousing and storage: This use comprises establishments primarily engaged in operating merchandise warehousing and storage facilities. These establishments generally handle goods in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. They are not specialized in handling bulk products of any particular type, size, or quantity of goods or products.

Wastewater pre-treatment facility: A facility which collects sludge from septic tanks and restaurant grease traps and uses a process to separate the solids from the liquids.

Wholesale operation: A business engaged in the sale of goods in large quantities for resale purposes.

Wholesale trade agent and broker (auctions): This use comprises wholesale trade agents and brokers acting on behalf of buyers or sellers in the wholesale distribution of goods. Agents and brokers do not take title to the goods being sold but rather receive a commission or fee for their service. Agents and brokers for all durable and nondurable goods are included in this industry.

Wildlife refuge: This use comprises establishments engaged in the preservation of natural areas or settings and/or establishments engaged in operating commercial hunting or fishing preserves (e.g., game farms).

Wood kitchen cabinet and countertop manufacturing: This use comprises establishments primarily engaged in manufacturing wood or plastics laminated on wood kitchen cabinets, bathroom vanities, and countertops (except freestanding). The cabinets and counters may be made on a stock or custom basis.

Yard: A required open space on a lot that is left unoccupied with structures and facilities, except as permitted in this ordinance. A yard may also be known as a setback.

Yard, front: The open space on a lot located between the right-of-way boundary of the abutting street and the front building line as extended to the lot lines to either side. Any yard lying between an abutting street and the building line is considered a front yard. For example, in the case of a corner lot which is abutted on two sides by streets, both yards abutting the streets would be front yards; setbacks and other development standards for front yards would apply to both of these yards.

Yard, rear: The open space located between the rear property line and the rear building line as extended to the side lot lines.

Yard sale: Sales of used household belongings by an individual at his/her principal residence or by a group of individuals combining such items for a group yard sale at one of their principal residences or the property of a non-profit entity. Such sales may be held no more than four times in a calendar year, with each individual sale lasting no more than three consecutive days. All merchandise must be the property of the person(s) holding the sale and not be purchased for the purpose of resale. The term also includes garage sales, basement sales, or other similar usage.

Yard, side: The open space located between the side property line and the side building line as extended to the front and rear lot lines.

(Amd. of 11-5-02; Amd. of 4-5-05(3); Amd. of 10-4-05(1); Amd. of 11-1-05; Amd. of 4-4-06; Amd. of 12-2-08; Amd. of 5-17-13(1); Amd. of 5-17-13(2); Amd. of 4-7-15; Amd. of 6-7-16; Amd. of 11-7-17; Amd. of 2-4-20(1); Amd. of 11-2-21; Amd. of 6-2-22; Amd. of 4-4-23(2), § 202; Amd. of 8-1-23(1))

Editor's note— An ordinance adopted December 2, 2008, deleted and reserved section 203, which pertained to housing definitions and derived from Amd. of 12-2-03; Amd. of 4-6-04; Amd. of 4-5-05(3); Amd. of 9-6-05(1); Amd. of 9-6-05(2); and Amd. of 10-3-06.