This code shall be known as and entitled the "Butts County Unified Development Ordinance" and may be referred to as the "UDO."

This UDO is enacted pursuant to the requirements and authority of Article IX, Section 2, Paragraph 4 of the Georgia Constitution and the amendments thereto.

(a)

Effective date. This UDO shall be effective immediately upon its adoption by the board of commissioners of Butts County, Georgia.

(b)

Repealer. This UDO is intended to consolidate, repeal and replace the existing provisions of the Butts County Code of Ordinances pertaining to land use and development. Upon adoption of this ordinance, the pre-existing provisions of the Butts County Code provided for in this UDO, or in conflict with this UDO, shall be repealed, except as provided herein. Without limiting the generality of the foregoing, the following chapters of the Butts County Code are hereby repealed and replaced with this UDO: Chapter 17; Chapter 34, Articles V, VI and VII; Chapter 42; Chapter 66, Article III; Chapter 100; Chapter 101; and Chapter 102.

To the extent that any legal process is currently ongoing under a pre-existing section of the Butts County Code and arising out of facts occurring prior to the adoption of this UDO, such process shall continue, and the pre-existing code sections shall continue to be enforceable for the purposes of such process.

In the event that any portion of this UDO, or the UDO in its entirety, is found to be unconstitutional or invalid, it is the intent of the board of commissioners that this repealer not be effective as to the unconstitutional or invalid code or provisions such that the pre-existing ordinances replaced by the unconstitutional or invalid code or provision shall be determined to continue in force and effect.

(c)

Severability. Should any section or provision of this UDO be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. It is hereby declared to be the intent of the board of commissioners that any provision of this UDO that is not itself unconstitutional or invalid would have been adopted and enforced independently of any provisions found to be unconstitutional or invalid.

(d)

Conflict of law. Whenever the provisions of this UDO conflict with any law or regulation of the state or federal government, the more restrictive provision shall control, except where the law or regulation of the state or federal government expressly and lawfully provides that it preempts local government regulation.

(a)

This UDO shall apply only to the unincorporated areas of Butts County, Georgia, as now or hereafter established.

(b)

No building, structure, or land shall be used or occupied and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this UDO.

(c)

A change of use shall conform to the standards, criteria, requirements, and procedures of this UDO.

(a)

These regulations are enacted to promote the proper location, height, bulk, number of stories, and size of buildings and other structures, sizes of yards, courts, and the use of other open spaces, density and distribution of population, and the use of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, and public activities.

(b)

The purpose of these regulations is to:

(1)

Lessen congestion in the streets;

(2)

Secure safety from fire, panic, and other dangers;

(3)

Promote health and the general welfare;

(4)

Provide adequate light and air;

(5)

Prevent the overcrowding of land;

(6)

Avoid undue concentration of population;

(7)

Prevent urban sprawl;

(8)

Assure the provision of required streets, utilities, and other facilities and services;

(9)

Assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian;

(10)

Assure the provision of space for recreational, educational, and other public purposes;

(11)

Promote desirable living conditions and the sustained stability of neighborhoods;

(12)

Protect against blight and depreciation;

(13)

Secure economy in governmental expenditures;

(14)

Conserve the value of buildings;

(15)

Encourage the most appropriate use of land, buildings, and structures;

(16)

Promote economically sustainable development;

(17)

Encourage "green building" practices; and

(18)

Assure that land is developed in conformity with the Butts County comprehensive plan.

The Butts County comprehensive plan (plan) is the official development policy and implementation guide for the county to coordinate and direct physical and economic development, related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. This UDO is designed to implement all provisions of that plan for the development and use of land. It is intended that the comprehensive plan should guide decision making under this UDO, but ultimately the power to zone and regulate uses shall be in the board of commissioners. No decision shall be invalid simply because it does not strictly follow the comprehensive plan.

The Butts County zoning administrator is assigned to administer, interpret, and implement the standards, criteria, and procedures of this UDO. The zoning administrator may delegate such responsibilities to county staff. Throughout this UDO, the term "zoning administrator" is used to indicate the responsibility for specified actions, except where specified actions are reserved or specifically delegated by law to another official. In all instances, "zoning administrator" means the "zoning administrator or designee."

The map entitled, "The Official Zoning Map of Butts County, Georgia," indicating the locations of zoning district boundaries in Butts County. The official zoning map shall be signed by the chairman of the board of commissioners and dated, and shall be maintained by the zoning administrator.

The latest editions of the mandatory Georgia state minimum standard codes, as may be adopted and amended by the Georgia Department of Community Affairs from time to time, are hereby incorporated by reference.

(a)

Specific provisions of this UDO shall be followed in lieu of general provisions that may be in conflict with the specific provisions.

(b)

In the interpretation and application of this UDO, all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the county and shall not be construed to limit nor repeal any other powers granted under state statutes.

(c)

Where provisions of this UDO conflict with other regulations, the more stringent restrictions shall be applied.

(a)

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this UDO, the zoning administrator shall be responsible for interpretation. In the interpretation of this UDO, the zoning administrator shall be guided by the Butts County comprehensive plan and applicable state law.

(b)

Responsibility for interpretation by the zoning administrator as set forth in this section shall be limited to standards, regulations, and requirements of this UDO and shall not be construed to include interpretation of any technical codes adopted by reference in this UDO. Interpretation shall not be construed to override the responsibilities assigned by the Butts County board of commissioners to any commission, board, or official named in other sections or chapters of this UDO.

Where uncertainty exists with respect to the exact location of the boundary of a zoning district shown on the official maps, the following guidelines will be used in establishing the exact location of the boundary:

(a)

Where a zoning district boundary line as appearing on the official map divides a single lot that was a single lot at the time of the enactment of this ordinance, the requirements for the zoning district in which the greater portion of the lot lies must be extended to the balance of the lot.

(b)

Where a zoning district boundary is indicated as approximately following a municipal/county boundary, such municipal/county boundary is the boundary.

(c)

Where a zoning district boundary is indicated as approximately following a property line or such line extended, the line or lines extended is the boundary.

(d)

Where a zoning district boundary is indicated as approximately following the centerline of a stream bed, such a centerline is the boundary.

(e)

Where a zoning district boundary is indicated as approximately following or parallel to the centerline of a street, road, railroad, or the right-of-way of such a facility, the zoning district boundary is parallel to the line and at a distance from it as indicated by scale on the official map.

(f)

Where a zoning district boundary is indicated as approximately following section lines, half-section lines, or quarter-section lines, the boundary shall be construed as following such lines.

(g)

Where a zoning district boundary is indicated as approximately following the shoreline of a river, stream, lake or other water body, the boundary shall be construed as following such shoreline.

(a)

Words used in the present tense include the future tense.

(b)

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

(c)

The masculine gender includes the feminine and the neuter.

(d)

The word "person" includes a firm, partnership, company, corporation, or association as well as individuals.

(e)

The word "shall" is always mandatory; the word "may" is permissive.

(f)

The term "written" or "in writing" shall include any representation of words, letters, or figures, whether by printing or otherwise.

(g)

The term "day" means a calendar day.

(h)

The term "month" means a calendar month.

(i)

The word "week" shall mean seven days.

(j)

The word "year" shall mean a calendar year.

When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, the first or last day shall not be counted; and if the last day falls on Saturday or Sunday, the person having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as provided for in O.C.G.A. § 1-4-1, the person having the privilege or duty shall have through the following day to exercise the privilege or to discharge the duty; however, when the following day is a Saturday or Sunday, the person shall have through the following Monday to exercise the privilege or to discharge the duty.

When determining the meaning of a word or phrase, the following rules shall apply in the order of priority in which they are listed:

(a)

The following words and phrases have the meanings as defined below;

(b)

Terms that relate to the local implementation of state or federal laws and regulations, when not defined by this ordinance, shall have the meaning ascribed to them by the law, regulation or the agency responsible for interpreting and applying the law or regulation;

(c)

Terms not defined by this ordinance or applicable law or regulation shall have the definition provided by Muskowitz and Lindbloom, The Latest Illustrated Book of Development Definitions;

(d)

Terms defined in particular chapters of this UDO shall have the defined meaning whenever used in the context of matter regulated by such chapter;

(e)

All other terms shall have their commonly understood meaning.

Access easement means an easement devoted to vehicular access which affords a principal means of access to abutting property or properties, but which is not necessarily open to the general public and which is not necessarily improved to standards of the County.

Accessory structure/building means 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. Examples would include garages, carports, storage sheds, pole barns, hay sheds and the like.

Administrator, zoning means the person, officer, or official and her/his authorized representative whom the board of commissioners of Butts County has designated as its agent for the administration of these regulations.

Adult entertainment establishment means, in addition to any definition of adult business or adult entertainment establishment as it now or hereafter appears in the Butts County Code, adult entertainment establishment in the context of this ordinance shall include, but not be limited to, any "adult bookstore," "adult movie house," "explicit media" outlet, or any place involving "sexual conduct" or "sexually explicit nudity" for commercial purposes, as those terms are defined in O.C.G.A. § 36-60-3, or any business or activity regulated under the Butts County adult amusements and entertainments ordinance.

Airstrip, private means an area designated for the takeoff and landing of private, noncommercial aircraft, with no terminal facilities and no scheduled takeoffs and landings.

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

Automobile service station means a land use where gasoline, oils, greases, batteries, tires, and general automobile accessories may be provided, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.

Bar, tavern, or nightclub means any place devoted primarily to the retailing and on-premise drinking of malt, wine, or other alcoholic beverages, or any place where any sign visible from the public right-of-way is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises. The incidental service of food for consumption on the premise shall be allowed. Live entertainment shall be allowed.

Batching plant means a plant for the manufacture or mixing of asphalt, concrete, cement, or concrete or cement products, including any apparatus incidental to such manufacturing and mixing.

Best management practices (BMPs). See section 3.08.02 for definition.

Boardinghouse or roominghouse means a building other than an apartment building where, for compensation, both lodging and meals are provided for not more than ten persons.

Buffer means that portion of a lot or parcel established for open space purposes and intended to separate properties with different and possibly incompatible types of uses or as a condition of zoning approval for a specified property. It can be a natural (undisturbed) or enhanced vegetated area with only limited minor land disturbances, such as trails and picnic areas. A buffer must provide reasonable visual screening of the property.

Building height means the vertical distance of a building, measured from the average elevation of the finished grade at the front of the building to the highest point of the building.

Building inspector means the authorized representative of building department responsible for performing inspections on all permitted building projects.

Building line means a line parallel to and located a specified minimum distance from the front, side, or rear property lines beyond which no foundation wall or part of the structure of any building projects with the exception of roof overhang, steps, and the subsurface projection of footings.

Building permit means the document issued by Butts County that authorizes the construction, repair, alteration, addition, and/or permanent placement of a building, dwelling or other structure on a site.

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

Bulk storage means the storage of chemicals, petroleum products, or similar materials in above-ground or below-ground storage containers designed for wholesale distribution or mass consumption. This includes fuel oil distributors with storage of products.

Canopy tree means any tree having reached a relatively tall height compared to surrounding trees and vegetation and providing shade from its foliage mass; also individual or tree groups forming an overhead cover.

Cemetery means land either already reserved for burial plots for the deceased 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.

Church means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services.

Associated accessory uses include, but are not limited to, residences for pastors, ministers, priests, or rabbis; schools; meeting halls; indoor recreational facilities; day cares; and kitchens. This term includes synagogues, temples, and other places of worship.

Clinic means an establishment where medical or dental patients are admitted for examination and treatment but where there is no overnight lodging.

Club or lodge means an incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreation, or like activities, operated for the benefit of its members and not open to the general public.

Compatibility means the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict.

Composting facility means a facility where compost or organic matter that is derived primarily from off site is processed by composting and/or processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.

Conservation easement means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property (O.C.G.A. § 44-10-1); a legally enforceable agreement between a property owner and the holder of the easement in a form acceptable to the governing body and recorded in the office of the clerk of the Superior Court of Butts County. A conservation easement restricts the existing and future use of the defined tract or lot to conservation use, agriculture, passive recreation, or other specifically permitted use and prohibits further subdivision or development.

Conservation subdivision means a subdivision for dwellings where open space is the central organizing element of the subdivision design and that identifies and permanently protects all primary and all or some of the secondary conservation areas within the boundaries of the subdivision. A conservation subdivision is not a use per se, but rather, a land planning technique that allows the clustering of uses in order to protect open spaces.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation.

Density, gross means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

Density, net means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, open space, flood hazard areas, required buffers, stormwater facilities, and public land.

Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; or any use or extension of the use of land.

Development agreement means, for purposes of this article, a written document prepared by the applicant and negotiated with Butts County for the conditions of zoning approval that will apply to a particular rezoning application. It may include provisions regarding infrastructure (e.g., water and sewer lines, drainage facilities, roads, utilities, etc.) to be provided by the developer and limitations on certain land uses.

Development director means the director of the Butts County community development department or his/her designee.

Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

Dwelling means a building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boardinghouses, or roominghouses.

Dwelling, apartment means one or more dwelling units, under a single ownership, located on one lot of land, occupied by renters.

Dwelling, cluster means one of a series of attached and/or detached dwelling units developed under a single ownership.

Dwelling, condominium means an individually-owned dwelling unit in an attached, detached, or multi-family structure, combined with joint ownership of common areas of the buildings and grounds.

Dwelling, garden apartment means a multi-family dwelling one or two stories in height containing from one to four dwelling units and where the area immediately surrounding the dwelling is landscaped and may contain recreation facilities for the private use of dwelling occupants.

Dwelling, multiple-family means a building containing three or more dwelling units, including units that are located one over another.

Dwelling, patio means a single-family dwelling in which all or a portion of the area required for side and rear setbacks may be consolidated into one or more garden court spaces within the walls of the dwelling unit.

Dwelling, single-family attached means a building containing two or more single-family dwelling units joined at one or more points by one or more party walls or other common facilities (not including the walls of an enclosed court yard or similar area) and with property lines separating each dwelling unit.

Dwelling, single-family detached means a single residential detached building designed for or containing one dwelling unit.

Dwelling, townhouse means one of a series of three or more attached dwelling units on separate lots which are separated from each other by firewalls extending at least from the lowest floor level to the roof.

Dwelling, two-family means 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.

Dwelling unit means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Eating/drinking establishment means a building and/or structure upon which food and alcoholic beverages are cooked, prepared and offered for sale and includes establishments known as bars, grilles, cafes, taverns, nightclubs, drive-ins and any fast food locations.

Enforcer means the director of the Butts County community development department or his/her designee.

Existing land use means a land use which, prior to the effective date of this ordinance, or an amendment thereto, is either:

(1)

Completed;

(2)

Ongoing, as in the case of agricultural activity;

(3)

Lawfully under construction;

(4)

Fully approved by the governing authority where such approval has not expired or been abandoned; or

(5)

The subject of a completed application, with all necessary supporting documentation, which has been submitted for approval to the governing authority or the appropriate government official, for any construction-related permit.

Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit and having no more than two adult members who are not related within the second degree of kinship by blood, adoption, marriage or civil union to the remaining members. This definition expressly excludes dormitories, sororities, fraternities, convents and communes.

Farm means any tract or parcel of land containing three or more acres which is devoted to the raising of agricultural products including, but not limited to, soil crops, livestock, fish, fowl, and commercial timber regardless of the quantity or value of production.

Feepayor means that person who pays a development impact fee or his/her successor in interest. In the absence of any express transfer or assignment of the right or entitlement to any refund of previously paid development impact fees, the right or entitlement shall be deemed "not to run with the land."

Fence means an enclosure or barrier composed of wood, masonry, stone, wire, iron, or other approved materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls, but not including hedges, shrubs, trees, or other natural growth.

Fence, chain-link means an open mesh fence made entirely of wire woven in squares of approximately 1.5 inches with vertical supports, usually spaced at an interval of six feet, usually at a height of three or more feet.

Fence, solid means a fence, including entrance and exit gates where access openings appear, through which no visual images can be seen.

Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final plat means an as-built drawing or map of a subdivision, meeting all of the requirements of this ordinance, and complying with the Georgia statutes pertaining to the recording of plats.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Flag lot means a lot, the main portion of which is located away from the public street, with a connecting strip of land at least 60 feet wide providing frontage on the public street.

Floor area means 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 plant means a manufacturing establishment producing or processing foods for human or animal consumption and certain related products or by-products, including, but not limited to, the following products: Sugar, dairy, fruit and vegetable (including canning, preserving and processing), grain mill products and by-products, meat, poultry and seafood (including by-product processing, but not including the slaughtering of animals), and miscellaneous food preparation from raw products.

Frontage or road frontage means the width in linear feet of a lot where its front lot line abuts the right-of-way of any road from which access may be directly gained.

Fueling center means a facility that provides for fueling for tractor-trailer rigs and has each of the following characteristics:

(1)

A convenience store or restaurant as the principal facility on the property;

(2)

There are no more than five diesel fuel pumps accessible by tractor-trailer rigs, all of which are located in the rear of the facility and screened from the public right-of-way;

(3)

There are less than ten tractor-trailer parking spaces, which must be in the rear of the facility and screened from the public right-of-way;

(4)

Overnight tractor-trailer parking is not permitted; and

(5)

There are no bathrooms with public bathing facilities.

The screening discussed above shall be accomplished by a 20-foot wide buffer with a fully opaque evergreen vegetation. No fueling center shall be established within 300 feet of an existing fueling center measured along the shortest direct line, property line to property line.

Garage or carport, private means a covered space for the storage of one or more motor vehicle(s) 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 under conditions specified in this section.

Garage, public means any garage, other than a private garage, which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other motor vehicles, but not including the storage of wrecked or junked vehicles.

Garden means any tract or parcel of land containing no more than three acres devoted to the raising of soil crops. This includes only soil crops. Other agricultural activities included under the term "farm" are specifically excluded.

Gas station means a facility to obtain motor vehicle fueling, but which does not possess any of the criteria listed in the definition for truck stop.

Gas tank sales means the retail sale of bulk storage tanks for flammable and combustible liquids, compressed gases or liquefied petroleum (LP) gas.

Generalized wetlands map means the current U.S. Fish and Wildlife Service National Wetlands Inventory Map for Butts County, Georgia.

Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Greenspace means permanently protected land and water, including agricultural and forestry land, which is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:

(1)

Water quality protection for rivers, streams, and lakes;

(2)

Flood protection;

(3)

Wetlands protection;

(4)

Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks;

(5)

Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;

(6)

Scenic protection;

(7)

Protection of archaeological and historic resources;

(8)

Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities;

(9)

Connection of existing or planned areas contributing to the goals specified in this definition and/or the county's comprehensive plan.

Hazardous waste/hazardous material means any solid waste which has been defined as "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 CFR Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Hotel means a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.

Immediate family member means grandfather, grandmother, father, mother, son, daughter, grandson, granddaughter, brother, sister.

Impervious surface means any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include, but are not limited to, buildings, driveways, streets, parking lots, swimming pools, dams, tennis courts, and any other structures that meet the above definitions.

Incinerator means a facility with equipment that uses a thermal combustion process to destroy or alter the character or composition of medical waste, sludge, soil, or municipal solid waste, not including animal or human remains.

Industrialized building means any structure or component thereof which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation 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; and which bears the insignia of approval issued by the commissioner of the Georgia Department of Community Affairs.

Industrialized home means 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.

Intermediate care home means a facility which 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).

Junked vehicle means a vehicle in inoperative or junk condition shall include, but shall not be limited to, any automobile, vehicle, trailer of any kind or type, or contrivance, or a part thereof, the condition of which is one or more of the following:

(1)

Wrecked;

(2)

Dismantled;

(3)

Partially dismantled;

(4)

Inoperative;

(5)

Abandoned;

(6)

Discarded;

(7)

Scrapped; or

(8)

Does not have a valid license plate attached thereto.

No automobile, vehicle or trailer of any kind or type, which shall be inoperative or in a junk condition, or abandoned, shall be parked or stand on any property unless:

(1)

It shall be in an enclosed building;

(2)

It shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or

(3)

It shall be on property lawfully occupied and used for repair, reconditioning or remodeling of vehicles in conformance with the ordinances of Butts County.

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

Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in section 3.08.03, paragraph (e).

Land trust means a private, nonprofit conservation organization formed to protect natural resources, such as productive farm or forest land, natural areas, historic structures, and recreational areas.

Landfill, construction and demolition means a disposal facility accepting waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Such wastes include, but are not limited to, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material and other inert wastes which have a low potential for groundwater contamination.

Large water supply watershed means a watershed containing 100 square miles or more of land within the drainage basin upstream of a governmentally-owned public drinking water supply intake.

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Limited development area means an all land within a watershed water supply district that lies outside of the water quality critical area.

Lot, corner means a lot located at the intersection of two or more streets.

Lot, double frontage means a lot, other than a corner lot, which has frontage on more than one street.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of the superior court of Butts County, Georgia; or a parcel of land described by metes and bounds, the plat or description of which has been recorded in said office. If a portion of a parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of the lot or parcel will be considered a lot of record.

Lot remnant means any portion or portions of a lot not suitable for building upon because of size or topography and remaining after the transfer of other portions of the lot to adjoining lots.

Lot width means the distance between side lot lines measured at the setback.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code.

Manufactured home means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured homes are not permitted to be used as storage buildings.

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

Manufacturing, heavy means manufacturing activity which tends to use raw materials and basic components to produce items which are generally intended for use in further industrial processes, such as machinery and construction equipment, as opposed to use by consumers.

Manufacturing, light means manufacturing activity that uses moderate amounts of partially processed materials to produce items generally intended for purchase by the consumer or retailer, such as textiles or electronics, as opposed to users engaged in further industrial processes.

Marina means a facility for the storing, servicing, fueling, berthing, and securing of boats and from which boats and boating supplies, including food, fuel, and recreational items, may be purchased or rented.

Materials recovery facility means a solid waste handling facility that provides for the extraction from solid waste of recoverable material, materials suitable for use as a fuel or soil amendment, or any combination of such materials. (O.C.G.A. § 12-8-22)

Motor vehicle impound lot means an area used to store disabled or impounded motor vehicles until such time as their disposition (either by junk, salvage, repair, etc.) has been determined by an insurance company, the owner of the vehicle, his or her legal representative, or a repossessing creditor. Vehicles shall only be stored on site temporarily, for a period of no more than 60 days.

Multi-use trail means a path that does not permit motorized vehicles (except for publicly authorized emergency and service vehicles) and which may accommodate multiple non-motorized uses, including bicyclists, pedestrians, wheelchair users, joggers, pet owners, roller bladders, skateboarders, etc.

New development means any development approved or constructed subsequent to the adoption of this ordinance or amendments thereto.

Office/finance facilities means a structure principally devoted to providing office space for a general range of consumer services or devoted to primarily provide space for consumer financial services.

Outfall means the location where stormwater in a discernible, confined and discrete conveyance leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Overlay district means a district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land-use category.

Pawn shop means a type of used merchandise store in which merchandise is offered as collateral for obtaining loans and wherein such merchandise is offered for sale in recompense for default of loan repayment.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the state of Georgia, any interstate body or any other legal entity.

Personal services establishment means establishments providing non-medically related services, including beauty and barber shops, clothing rental, dry cleaning pick-up stores, laundromats (self-service laundries), shoe repair shops, and tanning salons. These uses may also include accessory retail sales of products related to the services provided.

Phase or phased means sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Planned development means a coordinated large scale or comprehensive group development designed and constructed according to a development plan which has been approved by the board of commissioners.

Planned manufactured home community means a lot used or intended for use 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.

Planned residential development means a form of development characterized by a unified site design for a number of housing units, clustered buildings, and common open space.

Power plant, private means a facility, distinguished from a public use, that converts one or more energy sources, including, but not limited to, water power, fossil fuels, nuclear power, or solar power, into electrical energy or steam, the primary function of which is the provision of electricity to the use on the site the facility is located or off site.

Preliminary plat means a tentative drawing or map of a proposed subdivision meeting requirements of this ordinance and showing the proposed layout in sufficient detail, although not completely computed, to indicate unquestionably its workability.

Project means the entire proposed development project regardless of the size of the area of land to be disturbed.

Recreation, active means equipment and areas prepared for active use for recreational and leisure purposes, including, but not limited to, playground equipment (swing sets and climbing structures); courts for basketball, volleyball, and tennis; leveled, striped fields for football, soccer, or multiple purposes; community picnic pavilions (including covered facilities with grills and/or fire rings); community buildings for recreational events; and golf courses, including clubhouses, developed areas and accessory uses. Trails and bikeways through open spaces shall not be considered active recreational facilities.

Recreation, passive means recreational activities and places that generally do not require a developed site. This generally includes such activities as hiking (e.g., trails and bikeways through open spaces) and horseback riding and shall not be considered active recreational facilities, provided that such activities occur in a manner that is consistent with existing natural conditions.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling center means a state-permitted facility engaged in the collection, storage, processing, resale or reuse of materials which would otherwise become solid waste.

Reservoir boundary means the edge of a reservoir, defined by its normal pool level (elevation above mean sea level).

Residential means a structure designed and used solely for residential occupancy with common facilities such as dining room, bath room, family room, kitchen and bedrooms.

Right-of-way means a strip of land designated, reserved, dedicated, or purchased for the purpose of pedestrian access, vehicular access, or utility line installation.

Right-of-way, private means that area, distinguished from an access easement or public right-of-way, dedicated to property owners of the subdivision involved or to other individuals, and which affords permanent access to abutting property or properties. A private right-of-way is distinguishable from a public road right-of-way in that maintenance and ownership of the road and accessory improvements is by private individuals or an association rather than the Butts County board of commissioners or another government.

Right-of-way, public means that area, distinguished from an easement or private road right-of-way, which is owned in fee-simple title or by prescription by the Butts County board of commissioners or other government, for the present or future use of roads and highways, together with its drainage facilities and other supporting uses and structures.

Road, private means any road or street that is not dedicated to Butts County, is not public, and is privately owned and maintained.

Road, public means a state highway, county road, a road adopted as a county-owned right-of-way approved for county maintenance by the Butts County Board of Commissioners, or a street owned and/or maintained by a municipality.

Self-storage facility means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. This may include open or enclosed spaces to park or store vehicles. The following activities are not permitted as part of a self-storage facility:

(1)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or similar equipment by renters;

(2)

The operation of a transfer or storage business by renters;

(3)

The fabrication, repair or servicing of motor vehicles, appliances, equipment or tools; and

(4)

Auctions, commercial, wholesale or retail sales by renters.

Setback means a required open space on a lot that is left undeveloped with buildings, except parking lots and signs.

Setback, front means the open space on a lot located between the right-of-way boundary of the abutting street(s) and the front building line projected to the side lot lines. For lots abutting Jackson Lake and High Falls Lake, the front yard setback applies to the waterfront side of the property, and the area between the public right-of-way and the building shall be subject to the rear setback. Whenever the provisions of this UDO provide that front setback shall be measured from the right-of-way, the measurement shall be from the center-line of the right-of-way.

Setback, rear means the open space between the rear property line and the rear building line projected to the side lot lines.

Setback, side means the open space between the side property line and the side building line extending from the rear building line to the front building line.

Shade tree means any tree, evergreen or deciduous, whose mature height can be expected to exceed 35 feet and whose crown spread can be expected to exceed 30 feet. Shade trees existing or planted shall be at least eight feet in height and two inches in diameter, measured at six inches above grade for new trees and measured at four and one-half feet above grade for existing trees.

Shoulder means the portion of a roadway contiguous with the travel way for accommodation of stopped vehicles, for emergency use, and for lateral support of the subbase, base, and surface courses.

Sign means any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices.

Significant recharge areas means those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition.

Silviculture means the art of producing, reproducing and growing a forest of distinctive stands of trees.

Slaughterhouse means a facility for the slaughtering and processing of animals and the refining of their byproducts.

Small water supply watershed means a watershed that contains less than 100 square miles of land within the drainage basin upstream of a governmentally-owned public drinking water supply intake.

Solar power facility means a development of property primarily intended to capture or generate energy for sale or distribution from solar power panels or similar technology. This definition excludes the use of solar power technology where the majority of the power generated by the solar panels is retained or used by the owner or occupant of the property, which is considered a permissible accessory use.

Special events facility means a building available for lease by private parties for uses including, but not limited to, weddings, birthdays, reunions, anniversaries, and the like. Occupancy requirements shall meet the current construction and safety codes adopted by the governing authority.

Specialty shops means retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments.

Stabilization means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

Story means that portion of a building, not including a basement, between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it.

Stream or river means all of the following:

(1)

Any perennial stream or river (or portion thereof) that is portrayed as a solid line on a United States Department of Agriculture Soil Survey Map of the most recent edition.

(2)

Any intermittent stream or river (or portion thereof) that is portrayed as a dashed line on a United States Department of Agriculture Soil Survey Map of the most recent edition.

(3)

Any other streams as may be identified by Butts County.

(4)

Any lake or impoundment not entirely contained within a single parcel of land.

Street/road means:

(1)

Local street/road means a street used primarily for access to the abutting properties and serves travel demands in the immediate area, and designated as such on the road classification map of the Butts County land use plan (where one exists).

(2)

Collector street/road means a street which usually serves to either provide direct access to lots or distribute traffic from individual lots to major streets. It may also connect neighborhoods with one another. It should be designed to discourage excessive speeds and through traffic. It is designated as such on the road classification map of the Butts County land use plan (where one exists).

(3)

Arterial street/road means a street that connects and distributes traffic to and from collector streets and between communities at higher speeds. It is designated as such on the road classification map of the Butts County land use plan (where one exists).

(4)

Tangent means a straight section of road that connects two curved sections of road. Minimum sight distance on tangents is as follows:

a.

Arterial streets/roads: 500 feet.

b.

Collector streets/roads: 200 feet.

Road classification map means the official map adopted by the Butts County board of commissioners showing the county's road system and identifying the roads on it by their intended level of service, such as local streets, collector streets and arterial streets. When the street is adopted, it shall be marked on the road classification map and be signed and dated by the chairman of the board of commissioners.

Structure means a combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Comment: By this definition, all buildings are structures; however, not all structures are buildings.

Subdivision means a division of, or the act of dividing, a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of conveyance or development, whether immediate or future.

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

Truck stop means a facility that provides fueling for tractor trailer rigs and which has at least one of the following characteristics:

(1)

More than five diesel fuel pumps accessible by tractor trailer rigs;

(2)

Parking spaces for ten or more tractor trailers;

(3)

Overnight tractor trailer parking; or

(4)

Bathrooms with public bathing facilities.

Truck terminal means a facility or premise for the receipt, transfer, short-term storage, and dispatching of goods not produced on the premises and which are transported by truck.

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

Use, accessory means a use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot as the principal use or structure.

Use, conditional means a use which is permitted in a particular zoning district, but only under certain specified conditions.

Use, nonconforming means a use of land and/or buildings that does not conform to the regulations and standards of the district in which it is located which lawfully existed at the time of adoption of this ordinance and is allowed to continue under the provisions for nonconforming uses.

Use, principal means the main purpose for which a lot is intended and for which it is used.

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

Vehicular use areas means any area, paved or unpaved, used for egress or ingress, or to store or park motor vehicles.

View corridor means the line of sight identified as to height, width, and distance of an observer looking toward an object.

Water supply watershed means the drainage area (watershed) of lands upstream of a governmentally-owned public drinking water intake or water supply reservoir or a proposed public drinking water intake or water supply reservoir.

Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

(Ord. of 5-24-2021, § 1.A.)

(a)

The board of commissioners will, when considering a proposed amendment to the zoning ordinance, first determine whether the limitation imposed by such an amendment, if any, on the right to unrestricted use of property which might result from the proposed amendment is necessary to promote the public health, safety, or general welfare. In considering whether to recommend a change in the zoning classification of any particular property, the planning and zoning commission will balance the benefit to the public of the present zoning classification of the property against the detriment to the property owner and scrutinize the application in light of the character of the land in question and the effect of the zoning decision upon the property owner's rights. In making these determinations, the planning and zoning commission must consider the following:

(1)

The existing uses and zoning of nearby property.

(2)

The suitability of the property for the zoned purpose.

(3)

The length of time the property has been vacant.

(4)

The threat to the public health, safety, and welfare if rezoned.

(5)

The extent to which the value of the property is diminished by the present zoning.

(6)

The balance between the hardship on the property owner and the benefit to the public in not rezoning.

(7)

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property as currently zoned is less than its economic value if rezoned as requested will not alone constitute a significant detriment.

(8)

The aesthetic effect of existing and future use of the property as it relates to the surrounding area.

(9)

The impact on the environment including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality and quantity.

(b)

The board of commissioners may also consider whether development of the property in the zoning classification sought would do any of the following:

(1)

Have an adverse effect on the insurance rating of the county, or any substantial portion of the county, issued by the insurance service office or a similar rating agency.

(2)

Overtax the public utilities and streets presently existing to serve the site.

(3)

Create an isolated district unrelated to adjacent and nearby districts.

(4)

Unduly increase or over-tax the load on public facilities including, but not limited to, schools, utilities, and streets.

(5)

Unduly increase the cost to the county and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures.