For the purpose of this ordinance, words in the singular shall include the plural, and words in the plural shall include the singular number unless the obvious construction of the wording indicates otherwise.

The word "shall" is mandatory. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line relation to which the distance is specified. The word "lot" includes the words "parcel" and " plot"; the word "used" shall be deemed also to include "designed", "intended", or "arranged to be used"; the term "erected" shall be deemed also to include "constructed", "reconstructed", "altered", "placed", or "moved." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building." The word "adjacent" means "nearby" and not necessarily "contiguous."

(Ord. of 3-12-2019)

A.

Definition sources for words not defined within the Zoning Ordinance.

Development terms not defined within any Article of the Zoning Ordinance shall have the meaning contained within The Complete Illustrated Book of Development Definitions, by Moskowitz, Lindbloom, Listokin, Preiss, and Merriam, published by Routledge, New York, NY.

Terms not defined in any cited sources shall have the meaning as established in the current edition of the Webster's Unabridged Dictionary, published by Merriam-Webster, Inc.

B.

Definitions

ABANDONMENT

The relinquishment of property, or cessation of the use of property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

ACCESSORY BUILDING OR USE

A building or use which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same lot as the principal building or principal use.

ACCESSORY DWELLING UNIT

A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing ATTACHED or DETACHED RESIDENTIAL structure.

ACCESSORY STRUCTURE/UNIT

A subordinate building, not including a garage, the use of which is incidental to, and reasonably related to, a main building on the same LOT or to the primary use of the property.

ADULT ENTERTAINMENT

Performances by topless and/or bottomless dancers, strippers or similar entertainers where such performances are characterized by the display or exposure of specific anatomical areas.

ADULT ENTERTAINMENT ESTABLISHMENTS

See Sexually Oriented Businesses

AGRICULTURE

The use of land for agricultural purposes including the raising of crops, livestock, fish, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry, and other similar enterprises or uses.

AIRFIELD

Any area of land or water with airspace certified by the Federal Aviation Administration and utilized for the landing or taking off of aircraft.

AIRPORT

Any area of land or water with airspace certified by the Federal Aviation Administration and designed and set aside for the landing and taking off of aircraft, and utilized, or to be utilized, in the public interest for such purposes. An airport shall include all runways, terminal buildings, hangars, and related facilities located on the airport premises.

ALLEY

A public or private right-of-way for vehicles and pedestrians within a block that provides access to the rear or sides of buildings, vehicle parking (e.g., garages), utility meters and recycling and garbage bins.

ALTERATION

Any change in the supporting members of a building, any modification or change in construction, any addition that increases the area or height, any change in use from that of one district classification to another, or movement of a building from one location to another.

ALTERNATIVE ENERGY

A form of energy derived from a natural source, such as the sun, wind, tides, biomass, algae, or waves also called renewable energy.

ALTERNATIVE TOWER STRUCTURE

Natural or man-made alternative design mounting STRUCTURES that camouflage or conceal the presence of antennas or telecommunication towers including, but not limited to clock towers, bell towers, church steeples, light/power poles, electric transmission towers, and man-made trees (without accessory buildings/STRUCTURES).

APARTMENT BUILDING

A single-structure or group of structures located on a parcel of land under single or joint ownership, containing four or more independent, residential units with cooking facilities for the sole use of each residential unit.

APPLICANT

Any person who applies for a zoning action or development review and any attorney or other person representing or acting on behalf of a person who applies for a zoning action or development review.

ART STUDIO

Work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft, including the accessory sale of art produced on the premises.

ASSISTED LIVING

A special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living including meals, housekeeping, medication assistance, laundry, and regular check-ins. Such a facility includes a central or private kitchen, dining, recreational, and other facilities with separate bedrooms or living quarters.

ATTACHED RESIDENTIAL

A single-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally as a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation. Also known as TOWNHOUSE, ROW HOUSE, MANSION FLAT, or CONDOMINIUM but does not include a DUPLEX or TRIPLEX.

AUDITORIUM

A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.

AUTO-ORIENTED

Development designed with an emphasis on customers who use autos to travel to the site, rather than those with an emphasis on pedestrian customers.

AUTOMOBILE SALES LOT

Open premises arranged, designed, or used for storage and display for sale of any motorized vehicle and/or trailer which can be towed legally on Georgia roadways.

AWNING

A cantilevered, projected, or suspended cover over the sidewalk portion of the STREET. Also, roof-like fabric coverings placed over the sidewalk, windows, or doors to provide protection from sun, rain or weather elements. Permitted awnings may be bubble or rectangular.

BED AND BREAKFAST

An owner-occupied private residence that offers short-term (7 days or less) lodging accommodations in 6 or fewer rooms for rent and serves only breakfasts at no extra cost to its lodgers.

BIOMEDICAL WASTE FACILITY

Any facility or location where the final disposition of any amount of biomedical waste (as that term is defined in O.C.G.A. § 12-8-22, as amended) occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, biomedical waste landfills and biomedical waste thermal treatment technology facilities.

BLOCK

An increment of land comprised of ALLEYS and LOTS circumscribed and not traversed by STREETS (PEDESTRIAN PATHWAYS excepted). BLOCKS shall be measured at the frontage LOT lines (along the BUILD-TO-LINE).

BLOCK CORNER

This refers to the outside corner of a BLOCK at the intersection of any two streets.

BOARDING HOUSE

A dwelling in which lodging and meals are furnished for compensation. Maximum occupancy shall be governed by life safety codes or by ordinance of the City of Butler.

BUFFER

A stream, area of natural vegetation, or man-made construction that is intended to provide a visual and dimensional separation between different land uses.

BUILDABLE AREA

The area of a L OT that building(s) may occupy. The BUILDABLE AREA sets the limits of the building footprint now and in the future—additions to STRUCTURES must be within the designated area.

BUILDING

Any structure, either permanent or temporary, for the support, shelter, housing, enclosure, or for any use of property for occupancy.

BUILDING, CORNER

This refers to the outside corner of a building where the primary BUILDING mass is within an angle less than 180 degrees.

BUILDING FACADE

The exterior side of a building which faces, and is most nearly parallel to, a STREET. The façade shall include the entire building walls, including wall faces, PARAPETS, fascia, windows, doors, canopies, and visible roof structures of one complete elevation.

BUILDING HEIGHT

The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

BUILDING INSPECTOR

The individual or office designated by the MAYOR AND COUNCIL to serve as the BUILDING INSPECTOR for the City of Butler.

BUILDING, PRINCIPAL

The building in which is conducted the principal and primary use of the lot on which the structure is situated.

BUSINESS ENTITY

Any corporation, partnership, limited partnership, limited liability company, firm, enterprise, franchise, association, joint venture, sole proprietor, unincorporated association, or trust.

BUILDING INTEGRATED SOLAR ENERGY COLLECTION SYSTEM

A solar energy system in which the system is an integral part of a building replacing a typical component of a building rather than a separate device. Examples include, but are not limited to, solar energy systems that are contained within roofing materials, windows, skylights and awnings.

BUILDING MOUNTED SOLAR ENERGY COLLECTION SYSTEM

A solar energy system in which solar panels are mounted on top of a roof on the side of a building. These may be flush mounted or non-flush mounted.

CAMPAIGN CONTRIBUTION

A contribution as defined in paragraph (7) of O.C.G.A. § 21-5-3. (See, also, O.C.G.A. § 36-67A-1.) The term, as defined in the Georgia Code Annotated, as amended through the end of 2006, is as follows:

"Contribution" means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term "contribution" shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term "contribution" shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.

CARE HOME

A rest home, nursing home, convalescent home, home for the aged, or for similar use, established and operated on a profit or non-profit basis to provide lodging and meals and domiciliary care for the aged, infirm, chronically ill, or convalescent persons. The term "care home" shall include the term "extended care facility" as defined by Georgia Law. Such facility shall be licensed pursuant to applicable Georgia codes. This term does not include facilities for the care of mental patients, alcoholics, drug addicts, and does not include nursery school.

CARETAKER OR EMPLOYEE RESIDENCE

An accessory residence (including mobile and manufactured homes) placed on an otherwise occupied tract for use by a bona fide caretaker, employee or the owner himself.

CATERING SERVICE

A service housed in a permanent structure providing meals or refreshments off-premises for public or private entertainment for a fee.

CEMETERY

Land use for the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

CHILD CARE

A service offered at any place operated by a person, society, agency, corporation, institution, or group where pay is received for group care of minor children (under 18 years of age) for less than 24 hours per day, without transfer of legal custody.

CHILD CARE, DAY-CARE CENTER

A place operated and where pay is received for group care for less than 24 hours per day, without transfer of legal custody, of 19 or more children under 18 years of age.

CHILD CARE, FAMILY DAY-CARE HOME

A private residence operated by any person who receives pay for the supervision and care for less than 24 hours a day, without transfer of legal custody, at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. All definitions reflect current State of Georgia definitions.

CHILD CARE, GROUP DAY CARE HOME

Any place operated by any person or group wherein pay is received for not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

CIVIC USE

Meeting halls, libraries; schools, police and fire stations, post offices (retail operations only, no primary distribution facilities), places of worship, museums, cultural, visual and performing art centers; government functions open to the public, and other community uses as determined by MAYOR AND COUNCIL and amendments hereof.

CLUB OR LODGE

An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational, or athletic purposes.

COMMUNITY CENTER

A meeting place where people living in the same community may carry on cultural, recreational, or social activities.

COMMUNITY PARK

A publicly owned park serving Town residents and usually including restrooms and lighted outdoor recreation facilities and other facilities such as swimming pools, recreation centers, on -site parking, and group picnic areas.

COMPREHENSIVE PLAN

The "City of Butler COMPREHENSIVE PLAN September 2014" as adopted January 10, 2007 and as may be amended.

CONDITIONAL USE

A use which is not permitted inherently in a specific district but which may be permitted under specific conditions subject to approval by the Board of Commissioners.

CONDOMINIUM

A single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

CONSERVATION AREA

Any parcel or area of undeveloped land conserved in its natural state for perpetuity through deeds or other legal means.

CONTINUING CARE RETIREMENT COMMUNITY

A community planned and operated to provide a continuum of care from INDEPENDENT LIVING through NURSING HOME. The facilities allow individuals to live within the same community as their needs progress through the spectrum of care.

CONVENIENCE STORE

A small retail establishment that is designed and stocked to sell primarily prepackaged food items, but may have beverages, periodicals, and other household supplies to customers who purchased only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by "7-1-1," "Golden Pantry," and "Kangaroo." Gas pumps are an accessory use to a convenience store.

CONVENIENCE STORE/GAS STATION (a/k/a Service Station)

A parcel that contains a combination gas/service station, convenience store, and/or fast food restaurant in one structure located on one parcel.

CORNER LOT

A LOT abutting 2 or more public streets or Town maintained roads at their intersection.

CORNICE

The CORNICE is the uppermost section of moldings just below the roof.

COUNTRY CLUB

A club with recreation facilities for members, their families, and invited guests.

CUL-DE-SAC

A street which has one end open to traffic and the other end permanently terminated by a circular turn-around.

DAYCARE CENTER

See definition of CHILD CARE, DAY-CARE CENTER above.

DAY-CARE HOME

See definition of CHILD CARE, FAMILY DAY-CARE HOME above.

DETACHED RESIDENTIAL

A SITE-BUILT home that meets local BUILDING codes, that contains 1 dwelling unit per lot and designed for residential use.

DEVELOPMENT

The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation or land disturbance; and any use or extension of the use of land.

DRIVE-IN

Any retail or service enterprise wherein a good or service is provided to the consumer on the inside of the principal building and to the consumer while in his motor vehicle through an exterior wall of the principle building. The term "drive-in" includes but is not limited to drive-in restaurants, dairy bars, theaters, banks, laundries, food and beverage stores, and car washes.

DUPLEX

A duplex is a structure used for residential purposes and consisting of two living units with a common wall.

DWELLING

A building or portion thereof designed or used for permanent residential purposes, not including recreation vehicles, hotels, motels, or mobile homes.

DWELLING, SINGLE-FAMILY DETACHED

A dwelling containing not more than one dwelling unit that is designed as a single-family household.

DWELLING, MULTI-FAMILY

A building designed, constructed, or altered for three or more adjoining dwelling units, where the occupants of each individual unit are living independently of each other, with each dwelling unit having a party wall or party floor connecting it to at least one other dwelling unit in the same building. Multi-family buildings may also be townhomes provided they meet all State of Georgia and International Code requirements.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation constructed to meet the International Building Code as adopted and as may be amended.

EASEMENT

A grant to a person or to the public by a property owner of a strip of his land for road right-of-way or other specified or general purposes.

EDUCATIONAL FACILITIES, PRESCHOOL

A facility providing day care with educational services for children not yet attending elementary school.

ELECTRICAL SUBSTATION

An assemblage of equipment and appurtenant facilities designed for voltage transformation or voltage control of electricity. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.

ENVIRONMENTALLY SENSITIVE LANDS

Any land area containing one or more of the following: steep slopes; floodplain; soils having high water tables; highly erodible soils; lands incapable of meeting minimum percolation standards; stream corridors; aquifer recharge or discharge areas; wetlands; and scenic view corridors.

FAMILY

A family is a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit. For the purposes of this ordinance, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or any like organizations; or any group of individuals who are in a group living arrangement as a result of criminal offenses or drug and alcohol rehabilitation.

FARM

A parcel of land consisting of a minimum of ten plus acres on which bona fide agricultural and related uses are conducted as specified in "agriculture."

FARM IMPLEMENTS

Includes but not limited to, any tools, machinery, equipment, appliances, devices or apparatus used to perform agricultural operations, except when such implements are intended for sale in the ordinary course of business.

FARM IMPLEMENT BUILDING

A building that is used to store machinery, farm implements, hay, or other agricultural equipment or products to protect it from the weather during the period of not being used or protection from the environment for an extended period of time. This structure will not be supplied with power or any electrical generating equipment to enhance or add to the overall structure of the building. This will consist of pole construction without walls but not limited to and will be a permanent attachment to the property itself.

FARM STORAGE/SHOP BUILDING

A building without electricity used to temporarily store farm machinery, farm implements, equipment, seed, plants and harvested crops used in agricultural practices from the weather. A building with electricity used to store seed, agricultural products, farm machinery, and equipment and to repair farm equipment.

FARM STAND

A booth or stall located on a farm from which produce and farm products only are sold to the general public.

FARMLAND, PRIME

Land which is best suited to producing food, feed, forage, fiber and oilseed crops produces the highest yields with minimum inputs of energy and money, and results in the least damage to the environment when farmed.

FINANCIAL INTEREST

All direct ownership interests of the total assets or capital stock of a BUSINESS ENTITY where such ownership interest is 10 percent or more.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters, or (2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

The low-lying and relatively flat areas adjoining inland waters, and including, at a minimum, that area subject to a one percent or greater chance of flooding in any given year.

FLOODWAY

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

FLOOD ZONE

Zones as they appear on the Flood Insurance Rate Map (FIRM) in which the risk premium insurance rates have been established by a Flood Insurance Study.

FLUSH MOUNTED SOLAR COLLECTION SYSTEM

A type of building mounted system in which there is no space between the solar panels or collectors and the structure of the building.

FRONTAGE

That dimension of a lot measured along the street front/road right-of-way line. If said street front/road right-of-way line is curved, then the dimension along the chord of the arc.

FULL CUT-OFF TYPE FIXTURE

A luminaire or light fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a 90 degree horizontal plane from the base of the fixture. FULL CUT-OFF FIXTURES must be installed in a horizontal position as designed, or the purpose of the design is defeated, and glare will result.

FUNERAL HOME or MORTUARY

A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home includes a funeral chapel.

FUTURE LAND USE MAP

Land Use classifications and map in the City of Butler Comprehensive Plan. Adopted 2014 and as amended.

GARAGE, ATTACHED

A portion of the principal building to which there is legal vehicular access from a public right-of-way, designed for the storage of vehicles or boats of the residents of the dwelling unit.

GARAGE, DETACHED

A detached structure no less than 400 sq. ft. which is accessory to a single detached dwelling unit and to which there is legal vehicular access from a public right-of-way, designed for the storage of vehicles or boats of the residents of the dwelling unit.

GARAGE, REPAIR

A building and premises designed or used for the purpose of service or commercial repair of motor vehicles. All body work and painting shall be conducted within fully enclosed buildings. The storage of junk, wrecked vehicles, dismantled parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business. The storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises.

GAS/SERVICE STATION

A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. In addition, such a facility may provide minor vehicle servicing, minor repairs, and maintenance, including engine rebuilding but not reconditioning of motor vehicles, collision services such as body, frame, or fender straightening and repair, or overall painting of automobiles.

GREENSPACE

Land and water permanently protected from any type of development.

GREENWAY

A linear park that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or for the conservation of OPEN SPACE or natural areas, as indicated in the CONCEPT PLAN.

GROUND FLOOR/GROUND STORY

A level of a BUILDING, the floor of which is located not more than 6 inches below and 48 inches above the sidewalk elevation at the front of the BUILDING or, if no sidewalk, the level of the BUILDING the floor of which is located not more than 2 feet below nor 6 feet above finished grade.

GROUND MOUNTED SOLAR COLLECTION SYSTEM

A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. This can include pole mounted systems that allow for tracking of the sun.

GROUP HOME

A residence under the ownership and supervision of a public educational or governmental institution occupied or intended for occupancy by several unrelated persons or families, and in which cooking facilities are shared among all resident persons or families.

GROUP PERSONAL CARE HOME

See "Personal Care Home, Group."

HALFWAY HOUSE

A center for formerly institutionalized individuals, such as mental patients, drug addicts, alcohol dependent or previously incarcerated person(s), designed to facilitate readjustment to private life.

HAZARDOUS WASTE

Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste, and as that term is defined in O.C.G.A. § 12-8-62, as amended.

HAZARDOUS WASTE FACILITY

Any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste and which has been legally certified, licensed, approved and otherwise sanctioned by the appropriate state and federal agencies.

HARDSCAPE

Landscaping consisting of inanimate elements of landscaping, especially any masonry work or woodwork. For instance, stone walls, concrete or brick patios, tile paths, wooden decks and wooden arbors would all be considered part of the hardscape.

HEALTH DEPARTMENT

The Taylor County Health Department.

HIGH INTENSITY LIGHT

A laser source light, or any similar high intensity light, used for outdoor advertising or entertainment.

HOME OCCUPATION

An occupation or profession conducted only by an occupant of a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential purposes and is carried on wholly within the principal BUILDING or within a BUILDING accessory thereto and does not change the residential character of the residence.

HOME OFFICE

An accessory use of a residential dwelling unit, where business or office activities are conducted, and only by an occupant of a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential purposes and is carried on wholly within the principal BUILDING or within a BUILDING accessory thereto and does not change the residential character of the residence. Typically, the office would be an ancillary use for a primary business or office use located elsewhere.

HOSPITAL

Any institution receiving patients and rendering medical care including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic or drug addicted, chronically ill and physically disabled patients are treated or cared for. Such facility shall be legally and properly certified, licensed, approved and otherwise sanctioned by the appropriate state or federal agency.

HOTEL

A building where overnight accommodations are provided for ten or more individuals of the general public for compensation and where provisions for cooking are made in a central kitchen and not in individual rooms or suites and where ingress and egress to all rooms are made through an inside lobby or office.

HOTEL, BOUTIQUE

Small, highly unique operations, unlike modern purpose built hotels, usually housed in HISTORIC STRUCTURES, in peaceful surroundings, with high standards of hospitality, and offering short-term lodging accommodation.

HUNTING/FISHING CAMP

A location at which permanent and/or temporary housing facilities are located for temporary occupancy by hunters and fishermen.

INDEPENDENT LIVING

A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility. Core services provided by Independent Living Centers include: information and referral, independent living skills training, peer counseling, and individual and systems advocacy.

INDUSTRIAL PARK

A tract of land subdivided and developed according to a comprehensive development plan in a manner which provides a park setting for industrial establishments.

INDUSTRIAL SERVICES

Establishments providing the following non-polluting light industrial services including metal, machine, and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar businesses engaging in custom fabrication and repair.

INDUSTRIALIZED BUILDING

A term used in Georgia, "industrialized building" replaces the now obsolete term "Factory-Built Housing" and describes certain manufactured housing regulated by the Georgia Department of Community Affairs. Georgia law defines industrialized buildings as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act" (Georgia Law 1982 (O.C.G.A., Title 8, Chapter 2, Article 2, Part 1). The term shall also include modular home and systems built home or unit. An industrialized building for the sake of this ordinance shall be considered as a site-built structure.

INSTITUTIONAL USE

A nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government-operated structure or land used for public purpose.

KENNEL, COMMERCIAL

Any place in or at which more than four adult dogs, cats, rabbits or other domesticated animals are kept for the purpose of sale, boarding, care, breeding or training, and for which any fee is charged for such services. This term does not apply to similar facilities operated for agrarian or agricultural purposes.

KILOWATT (KW)

A measure of the use of electrical power equal to 1,000 watts.

KILOWATT-HOUR (KWH)

A unit of energy equivalent to one kilowatt (1 KW) of power expended for one hour.

LABORATORY

An establishment or premises where scientific services are provided including testing or analysis of medical, chemical, physical, mechanical, electric or electronic nature, or the calibration of instruments.

LANDFILL

An area of land on which, or an excavation in which, solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile, as that term is defined in O.C.G.A. § 12-8-22, as amended.

LANDSCAPE PLAN

A scale drawing showing dimensions and details for re-vegetating a parcel subject to development.

LIGHT INDUSTRY

Establishments with 10,000 square feet or less of gross floor area otherwise meeting the definition of LIGHT INDUSTRY, LARGE-SCALE.

LIGHT INDUSTRY, LARGE -SCALE

Establishments with greater than 10,000 square feet gross floor area engaged in the non-polluting manufacture, predominantly from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. Further, "light industrial" shall not include loud, dusty, polluting, odorous or other intensive industrial uses or those which tend to produce smoke, soot, or vibration, or those uses including without limitation mining and extracting industries, asphalt plants, concrete plants, cement plants, abattoirs, chicken houses, slaughterhouses, use or storage of flammable or explosive materials, use of radioactive materials, poisons, pesticides, or herbicides, or petrochemical industries, rubber refining, primary metal, or related or similar industries.

LOT

A portion of, or parcel of land separate from other portions or parcels and having a separate tax parcel reference.

LOT LINE, FRONT

The front property line coincident with the street right-of-way line. The front lot line of a corner lot shall be the lot line facing the principal building entrance.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE, REAR

The rear lot line is generally opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

LOT, SUBSTANDARD

A lot, which does not meet the minimum lot size requirements for the district in which it is located.

LOT WIDTH

The distance between the side lot lines measured at the front building line.

LOW-IMPACT AGRICULTURE

Agriculture is an accessory use on a parcel where residential is the primary use.

LUMINESCENCE

The actual amount of visible light which is produced by a lamp as specified by the manufacturer.

MANUFACTURED (MOBILE) HOME OR OFFICE

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 a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained herein. (Reference 42 USC 5402[6] [24 CFR 3280.2(a)(16)] and the Official Code of Georgia Annotated, O.C.G.A. § 8-2-131[2].)

MANUFACTURED HOME SUBDIVISION/PARK

A parcel of land planned and improved for the placement of two or more mobile homes for non-transient use and occupancy or for rental occupancy. The term "park" includes the term "community."

MATERIALS RECOVERY FACILITY

A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials suitable for use as a fuel or soil amendment, or any combination of such materials, and as that term is defined in state statute.

MAYOR AND CITY COUNCIL

The MAYOR AND CITY COUNCIL of Butler, GA.

MECHANICAL EQUIPMENT RELATED TO SOLAR ENERGY SYSTEMS

All items not listed in these definitions that are directly related to a construction and operation of a solar energy collection system including but not limited to, on-site transmission lines, pumps, batteries, inverters, mounting brackets, framing, foundations or other structures, etc.

MEGAWATT (MW)

A measure of the use of electrical power equal to 1,000 kilowatts.

MEGAWATT HOUR (MWh)

A unit of energy equivalent to one megawatt (1 MW) of power expended for one hour.

MEMBER OF THE FAMILY

The spouse, mother, father, brother, sister, son, or daughter of a local government official.

MINI WAREHOUSE

A BUILDING consisting of self-contained units for storage of items.

MODULAR SYSTEMS-BUILT HOME OR BUILDING

A factory fabricated dwelling which is constructed in one or more sections and is manufactured in accordance with the Georgia Industrialized Building Act and the rule of the Commission of the Georgia Department of Community Affairs. Each modular home shall meet the standards of an industrialized building and shall bear the seal of approval as issued by the Commission of the Georgia Department of Community Affairs. Modular homes are transported to the site and installed onto a permanent foundation, never having an axel or a tongue (hitch).

MODULAR HOME

See RESIDENTIAL INDUSTRIALIZED BUILDING

MOTEL

A building or group of detached, semidetached or attached buildings containing guest rooms or dwellings, typically having separate outside entrances for each guestroom, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the temporary accommodation of individuals or families in transit.

MUSEUM

A room or BUILDING for exhibiting a collection of books, or artistic, historical, or scientific objects.

NATURAL AREA

Land and water that has substantially retained its natural character or land and water that, although altered in character, is important as habitat for plant, animal, or marine life, for the study of its natural features, or for enjoyment of its natural features.

NATURAL GRADE

The elevation of the ground level in its natural state, before construction, filling, or excavation.

NEIGHBORHOOD PARK or PLAYGROUND

Neighborhood space, lawn, park or playground that is primarily unpaved. These shall not include active recreation STRUCTURES such as ball fields and courts, but may include PLAYGROUND equipment for children.

NEWSPAPER or PRINTING ESTABLISHMENT

A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.

NON-CONFORMING USE

A use or activity that was lawful and active prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

NURSING HOME

A skilled nursing facility providing 24-hour medical nursing bed-care for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addition, mental disease, or communicable disease.

OCCUPY

To use land or buildings for any length of time for a purpose for which the land or a building or part thereof is used or is intended to be used. Any variation of the term "occupy" shall be encompassed by this definition. Used synonymously with reside, dwell, inhabit.

OFF-GRID SOLAR PHOTOVOLTAIC SYSTEM WITH BATTERY BACK-UP

A solar PV electricity system designed to operate independently from a local utility grid and provide electricity to a building, boat, recreational vehicle, sign, remote pump, gates, etc. These systems usually require a battery bank to store electricity generated by solar for use at night or on a rainy day.

OFF-STREET PARKING

An area exclusive of a public or private thoroughfare where motor vehicles may be stored for temporary, daily, or overnight parking.

OFFICE, BUSINESS

Establishments providing direct services to consumers, such as insurance agencies, banks, real estate offices, medical offices, and commercial mailing facilities (but not including bulk mailing distribution centers or offices that are incidental and accessory to the business or sales activity that is the principal use).

OFFICE, CORPORATE

An establishment primarily providing internal office administration services as opposed to customer service in a single BUILDING or a campus setting; for example, the headquarters, regional offices or the administrative offices for a corporation. Generally, the majority of traffic comes from employees and not the general public.

OFFICE, PROFESSIONAL

Government office or the office of a member of a recognized profession in the following categories: architectural, engineering, planning, law, accounting, insurance, real estate, medical, dental, optical, or similar profession.

OPEN AIR BUSINESS

Open Air Businesses shall include the following:

1.

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

2.

Retail sale of fruit and vegetables.

3.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation services.

4.

Bicycle, trailer, motor vehicle, boat or home equipment sales, repair service or rental service.

5.

Outdoor display and sale of garages, swimming pools and similar uses.

OPEN SPACE

Undeveloped land or water used for recreation, resource protection, or buffers.

OPPONENT

Any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.

OVERLAY DISTRICT

A district that applies supplementary regulations to land of a specific zoning district or land-use category.

PARK, COMMUNITY

A parcel of land owned by a unit of government or a private organization and used or intended to be used for recreational or leisure time activities, and which is open to the public at no charge. Such parks may include food or recreational sales as accessory uses.

PEDESTRIAN PATHWAY

Interconnecting paved ways that provide pedestrian and bicycle passage.

PERSONAL CARE HOME

This term refers to a residence providing the protective care of adults who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. See also, "Group and Personal Care Home," "Congregate and Personal Care Home, Family."

PERSONAL CARE HOME, CONGREGATE

This term refers to a personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to 16 or more person.

PERSONAL CARE HOME, GROUP

A personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to seven through fifteen persons.

PERSONAL CARE HOME FAMILY

This term refers to a personal care home for adults in a single-family residence non-institutional in character and appearance offering care to two through six persons.

PLANNED GROUP DWELLING

Two or more detached dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.

PLANNING COMMISSION

The Butler PLANNING AND ZONING COMMISSION as charged and as may be designated by the MAYOR AND CITY COUNCIL with the review and recommendation of applications under this Ordinance to the MAYOR AND CITY COUNCIL.

PLAT

A sketch, map, or survey of a lot, tract or parcel of land depicting the relative positions of lot lines, street rights-of-way and easements with the dimensions of these features inscribed thereon.

PLAT, DEVELOPMENT

A preliminary design which shows the proposed layout of a subdivision in sufficient detail to indicate its workability and conformation to the design requirements of the subdivision regulations in all aspects, but not in final form for recording and the details are not completely computed. The development plat shall be approved by the Zoning board prior to any development.

PLAT, FINAL

A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for commission. Streets shown on the plat shall be approved by the board of commissioners prior to recordation.

POWER INVERTER

A device that inverts the direct current (DC) electricity produced by a solar PV system into usable alternating current (AC).

PRINCIPAL BUILDING

A BUILDING in which the primary use of the lot on which the BUILDING is located is conducted.

PRIVATE ROAD/WAY

A private street, drive or road provided solely for those property owners whose property is contiguous to and have a legal right to use. Such is not maintained or acceptable for maintenance by the governing authority but must meet minimum standards.

PULPWOOD or LOG YARD

Areas where wood is hauled for temporary storage before transfer to trucks.

RECREATION CENTER/FACILITY

A facility dedicated for recreational purposes, to primarily serve the residents of the community. It may include indoor and/or outdoor facilities: club house, pool, tennis courts, basketball courts, gymnastics, skating, playgrounds, playing fields, and similar youth and family oriented recreational facilities.

RECREATIONAL VEHICLE

A motorized camper, converted bus, tent-trailer or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation, recreation or other trips which provides sleeping accommodations.

RELIGIOUS INSTITUTION, COMMUNITY

A religious institution with a seating capacity of between three hundred (300) and six hundred (600) persons in the sanctuary or main activity area and additional gross floor area associated with religious institution offices, culinary, nursery and toiletry areas, and group meeting rooms.

RELIGIOUS INSTITUTION, MEGA (Also known as Megachurches)

A large religious institution with a seating capacity of more than six hundred (600) persons in the sanctuary or main activity area and that may also include additional gross floor area for offices, culinary, nursery and toiletry areas, and group meeting rooms. Megachurches often encompass one or more accessory uses including child-care, schools and after-school programs, overnight accommodations, retail sales, soup kitchens, thrift shops, community shelter, recreational facilities, and other such uses.

RELIGIOUS INSTITUTION, NEIGHBORHOOD

A religious institution with a seating capacity of less than three hundred (300) persons in the sanctuary or main activity area and additional gross floor area is limited to offices, culinary, nursery and toiletry areas, and group meeting rooms.

RESIDENTIAL INDUSTRIALIZED BUILDING

An industrialized building that is a dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

RESORT

Large-scale recreational oriented development designed to bring visitors from outside the town and region.

RESTAURANT

An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar, concession stand, or refreshment stand at a public or non-profit community swimming pool, playground, park or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.

RESTAURANT, CAFÉ

An informal restaurant housed in a permanent structure primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be served to no more than 30 customers concurrently.

RESTAURANT, FINE

An establishment housed in a permanent structure where food and drink are prepared and served to 50 or more customers concurrently. Customer turnover rates are typically one hour or longer. Such establishments serve dinner but generally do not serve breakfast.

RESTAURANT, OUTDOOR CUSTOMER DINING AREA

Any outdoor dining area that is associated with a CAFÉ, FINE, SMALL, or SPECIALTY RESTAURANT.

RESTAURANT, SMALL

An establishment housed in a permanent structure engaged in the preparation of food and beverages and containing no more than 2,000 gross square feet, characterized primarily by table service in non-disposable containers to no more than 40 customers concurrently.

RESTAURANT, SPECIALTY

An establishment housed in a permanent structure whose primary business is the on-premises sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.

RESTORATION

Returning a property as nearly as possible to its appearance at a given date in time.

RETAIL, LARGE SCALE

A store 5,000 sq. ft. and above that provides goods directly to the consumer. This definition does not include bulk retail, which involves a high volume of sales of products in a warehouse setting. Large-scale retail is auto-oriented.

RETAIL, SMALL SCALE

A store 5,000 sq. ft. or fewer gross floor area carrying goods for consumer or household use excluding animal sales or service; building materials and/or supplies, sales or rental. Food sales/groceries allowed with Department of Agriculture or Taylor County Environmental Health Department approval when applicable. Outside food sales/markets are not allowed; materials and/or supplies, sales, or rental; and food sales or markets. Typical uses include sale of consumer goods, art or craft objects, flower shops, gift shops, and boutiques.

RIGHT-OF-WAY

That area, distinguished from an easement, which is owned in fee-simple by the City of Butler or other government, for the present or future use of utilities, roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.

ROAD

A dedicated and accepted public right-of-way, which affords the principal means of access to abutting properties.

ROW HOUSE

A group of attached residences, separated by vertical fire walls, in which each residence has its own front and rear yards and has appropriated to it the entire BUILDING between the fire walls.

SALVAGE YARD

The use of any space, whether inside or outside a building, for the storage, keeping, salvage or sale of junk, scrap metals or other scrap materials, including the dismantling, demolition or abandonment of one or more automobiles or other vehicles or machinery or parts thereof.

SCHOOL, PRIVATE

A private institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.

SCHOOL, PUBLIC

A public institution for the teaching of children or adults including primary and secondary schools.

SENIOR LIVING

Living arrangements comprised of INDEPENDENT LIVING, ASSISTED LIVING, NURSING HOME, and/or CONTINUING CARE RETIREMENT COMMUNITY.

SERVICE ESTABLISHMENT

Any establishment whose primary activity is the provision of assistance, as opposed to products.

SETBACK

The minimum horizontal distance between the LOT or property RIGHT-OF-WAY line and the nearest front, side or rear line of the BUILDING, including terraces or any covered projections but excluding steps.

SEXUALLY ORIENTED BUSINESSES

Any business enterprise that: has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with "specified sexual activities"; or that emphasize matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or has one of the following as a regular and substantial business purpose: the providing of entertainment where the emphasis is on performances, live or otherwise that depict, portray, exhibit or display "specific anatomical areas" or "specified sexual activities" or the providing of services that offer "specific sexual activities" or "specified anatomical areas" ancillary to other pursuits or to allow participation in "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits.

SHARED PARKING

The use of the same off-street parking spaces for two or more distinguishable uses where peak parking demand of the different uses occur at different times or, where various uses are visited without moving the automobile; and, where the number of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements if required separately.

SHOPPING CENTER

A group of commercial establishments planned, developed and owned or managed as a unit with on-site parking and of similar architectural characteristics.

SHORT TERM VACATION RENTAL

An accommodation for transient guests, where, in exchange for compensation, a residential dwelling is rented for lodging for a period of time not to exceed 30 consecutive days. The number of occupants shall not exceed two adults per bedroom plus two adults for each rental unit. Such use may or may not include an on-site manager. For the purpose of this definition, a residential dwelling shall include all housing types and shall not include group living or other lodging uses. There shall be no change in the exterior appearance of the dwelling unit and premises, or other visible evidence of the conduct of a short term residential rental.

SIGHT DISTANCE TRIANGLE

The area of a CORNER LOT bounded by the RIGHT-OF-WAY line connecting the two points on the property lines 30 feet from the intersection of the property lines.

SITE-BUILT

A BUILDING constructed on-site with approved BUILDING materials, inspected periodically during construction, and constructed according to locally adopted BUILDING codes.

SLOW RATE LAND TREATMENT SYSTEM

A system for wastewater treatment by spray irrigation (land application). The term refers to the advanced treatment of wastewater by irrigation on the land to support vegetative growth. For purposes of this zoning ordinance, the use may include ponds (lagoons) for the temporary storage of the treated wastewater before application to the spray fields.

SOLAR ENERGY COLLECTION SYSTEM

A system capable of collecting and converting solar radiant energy (through direct, diffuse, and/or reflective collection) into heat, mechanical or electrical energy and transfers the produced electricity into a separate apparatus to store or to a point of use which include, but are not limited to water heaters, interior space heaters or coolers or electrical energy generation. Solar energy collection systems primarily consist of solar collection devices and mechanical equipment related to solar energy (transformers, inverters, etc.). A solar energy collection system is considered an accessory use in resort zoning districts, except for residential uses located therein, and is permitted on five acres or less of land.

SOLAR COLLECTION SYSTEM: PHOTOVOLTAIC (PV)

A solar collection system which produces electricity by the use of photovoltaic cells which generate electricity when exposed to sunlight. A PV system may be roof-mounted or ground-mounted. Photovoltaic systems are generally comprised of solar cells, solar modules and solar arrays.

SOLAR COLLECTION SYSTEM: THERMAL

A solar collection system, which produces electricity by the use of photovoltaic cells which generate electricity when exposed to sunlight.

SOLAR COLLECTION SYSTEM: FLAT PLATE

A solar collection system which collects solar radiation to heat a liquid which in turn will be used to heat water or enclosed areas. This system generally contains a plate (panel) over tubes housed in a shell.

SOLAR COLLECTION SYSTEM: EVACUATED TUBE

A solar collection system generally composed of hollow tubes which contains a liquid used for the purpose of heating large volumes of water or heat water to a high temperature.

SOLAR GLARE

The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

SOLAR PANEL

For the purpose of this ordinance, a solar panel may refer to a solar module or surface component of a flat plate collector. Solar panels are meant to absorb, not reflect, sunlight.

SOLID WASTE HANDLING FACILITY

A facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste (as that term is defined in O.C.G.A. § 12-8-22 as amended).

SPECIAL FLOOD HAZARD AREA

Flood prone land subject to a one percent or greater chance of flooding in any given year. In absence of official designation by the Federal Emergency Management Agency, such areas shall be those designated by the Butler City Council.

STORY

That portion of a building measured from the NATURAL GRADE and 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 the ceiling next above it. A BONUS ROOM is not considered a STORY.

STREET

A public or private thoroughfare, which affords ingress and egress to abutting property.

STREET FACADE

The portions of a façade, which face and are most closely parallel to the STREET FRONTAGE.

STREET FRONTAGE

A property line, which abuts a public right-of-way that provides public access to or visibility to the premises.

STREET LIGHT

Lighting on poles, with either underground or overhead service, along a street for purposes of illuminating public or private ways.

STREET TREES

Any tree located within the public RIGHT-OF-WAY or easement for vehicular access or associated public utility easements.

STRUCTURE

Anything constructed or erected, the use of which requires permanent or semi-permanent location on the ground or attached to something having permanent location on the ground.

SUBDIVISION

The division of a tract, parcel or lot into two or more building sites or other divisions for the purpose, whether immediate or future, of sale, or building development. This includes all divisions of land involving a new street or a change in existing streets and includes a re-Subdivision and, where appropriate, relates to the process of subdividing the land or area to subdivide.

SUBDIVISION, MINOR

Any Subdivision containing not more than five (5) lots on an existing street, not involving any new streets or road, or the extension of city facilities, or the creation of any public improvement, and not in conflict with any provision or portion of the Comprehensive Plan or Subdivision Regulations.

SUBDIVISION, MAJOR

All subdivisions not classified as a Minor Subdivision, including but not limited to subdivisions of six (6) or more lots, or any size subdivision requiring any new street or extension of city facilities, or creation of any public improvements.

SWIMMING POOL, PRIVATE

A swimming pool where access is restricted to membership and guests of members.

SWIMMING POOL, PUBLIC

A swimming pool to which the general public has access.

THROUGH LOT

A lot with frontage on 2 public streets and/or town maintained roads that does not intersect at a point abutting the property.

TOWNHOUSE

A single dwelling unit in a TOWNHOUSE group, located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.

TRAFFIC IMPACT ANALYSIS

An analytical and informational document professionally prepared by a licensed professional traffic engineer or civil engineer in connection with a specific proposed development application that forecasts, describes, and suggests ways of off-setting the traffic effects of the proposed new activities with the town.

TRAVEL TRAILER

A portable, vehicular structure not over eight feet wide by thirty-five feet long designed as a temporary dwelling for travel, recreational and vacation uses, and which may or may not have kitchen equipment, toilet, lavatory and bathing facilities, but if such facilities are included, a sewage holding tank for sanitary waste is required. Any vehicle designed or converted to a design with plumbing connections for attachment to outside sewage systems shall not be included in this definition.

TRAVEL TRAILER PARK

A parcel of land, which has been planned and developed to accommodate two or more travel trailers, tents or other camping units for temporary occupancy. Maximum length of occupancy of any tenant shall not exceed sixty consecutive days.

UPPER FLOOR RESIDENTIAL

A studio, one-bedroom, or multi-bedroom dwelling unit located on any floor other than the basement, ground, or street level floor.

USE, PERMITTED

Those uses specifically listed in this ordinance as "uses permitted inherently" and conditional uses subject to approval by the Mayor and Council.

USE, PRINCIPAL

The principal purpose for which a lot, building or land is designed, arranged, intended, occupied or maintained.

VARIANCE

A minimal relaxation or modification of the strict terms of the height, area, placement, SETBACK, YARD, BUFFER, landscape strip, parking or loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, not due to the fault of the owner of said property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

VEHICLE

Any device or contrivance for carrying or conveying persons or objects, said device being designed to be self-propelled by its own motor or power.

VETERINARY CLINIC OR HOSPITAL

A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases where the animals are limited to dogs, cats, or other companion animals. The overnight care of animals is prohibited except when necessary in the medical treatment of the animal.

WALL PACK

A building-mounted luminaire installed for the purpose of lighting the adjacent ground areas, walkways, streets and/or parking lots.

WAREHOUSE

Storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.

WATER SYSTEM, COMMUNITY

A potable water supply and treatment system other than an individual or public water system serving more than one building, residence, manufactured or mobile home or other facility designed or used for human occupancy or congregation. The system is one, which is owned by a person or legal entity other than a unit of government.

WATER SYSTEM, INDIVIDUAL

A potable water system other than a community or public water system serving a single building, residence, manufactured or mobile home, or other facility designed or used for human occupancy or congregation.

WATER SYSTEM, PUBLIC

A potable water supply and treatment system, other than an individual or community water system, owned by a unit of government.

WHOLESALE ESTABLISHMENT

An establishment primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WHOLESALE ESTABLISHMENT WITH WAREHOUSE

The display, storage, and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including warehousing.

XERISCAPE

Water-conserving, drought-tolerant landscaping.

YARD

An OPEN SPACE at grade between a BUILDING and the adjoining LOT lines, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a YARD for the purpose of 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 a lot line and the main BUILDING shall be used.

ZONING ADMINISTRATOR

The individual(s) or office or designee(s) assigned with the duty of administering the Zoning Ordinance within the City of Butler, Georgia.

C.

Telecommunication Definitions.

As used in this section pertaining only to Standards for Telecommunications Facilities, the following terms shall have the meanings ascribed below:

ACCESSORY FACILITY OR STRUCTURE

An accessory facility or structure serving or being used in conjunction with telecommunications facilities and located on the same property or lot as the telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

APPLICANT

Any wireless service provider submitting an application for a telecommunication facility.

APPLICATION

All necessary and appropriate documentation that an Applicant submits in order to receive a permit for a telecommunications facility.

CAMOUFLAGE OR STEALTH

Disguising a tower or telecommunications facility so as to make it less visually obtrusive and not recognizable to the average person as a telecommunication facility.

CO-LOCATION

The use of an existing tower or structure to support antenna(s) for the provision of wireless services.

COVERAGE ZONE

The area in which a wireless device can receive service.

FAA

The Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC

The Federal Communications Commission, or its duly designated and authorized successor agency.

GOVERNING AUTHORITY

The Mayor and City Council of the City of Butler, Georgia.

GUY TOWER

A tower supported, in whole or in part, by guy wires and ground anchors.

HEIGHT

When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point of the tower or other structure, even if said highest point is an antenna or lightening protection device.

LATTICE TOWER

A guyed or self-supporting open frame structure that has three or four sides used to support telecommunications equipment.

MONOPOLE TOWER

A structure consisting of a single spire or pole, constructed without guy wires or ground anchors, used to support telecommunications equipment.

NONCONFORMING STRUCTURE

See definition of "Nonconforming Use."

ORDINANCE

The City of Butler Zoning Ordinance.

PERSON

Any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.

REPAIRS AND MAINTENANCE

The replacement or repair of any components of a telecommunications facility where the placement is materially identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

RESIDENTIAL ZONING DISTRICT

R-1, R-2, R-3, Resort, and PUD.

SEPARATION

The minimum horizontal distance between two towers.

SETBACK

The minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the facility/structure (as the case may be), or any covered projection.

STAFF

The City of Butler Planning and Community Development staff.

TELECOMMUNICATIONS

The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

TELECOMMUNICATIONS FACILITY

A tower, antenna, or any and all buildings, structures, or other supporting equipment used in conjunction with a tower or antenna.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section.

(Ord. of 3-12-2019)