This ordinance shall be known as and entitled the "City of Carrollton 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 5 2-4 of the Georgia Constitution and the amendments thereto.

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.

Promote the health, safety, morals, convenience, order, prosperity or general welfare of the City;

2.

Promote desirable living conditions and the sustained stability of neighborhoods;

3.

Protect property against blight and depreciation;

4.

Secure economy in government expenditures;

5.

Lessen congestion on streets;

6.

Secure safety from fire, panic and other dangers;

7.

Provide adequate light and air and preventing the overcrowding of land;

8.

Avoid undue concentration of population;

9.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

10.

Protect the value of existing properties; and

11.

Promote the most appropriate use of land, buildings, and structures throughout the City in accordance with the Comprehensive Plan.

The City of Carrolton Comprehensive Plan (Plan) is the official development policy and implementation guide for the City to coordinate and direct physical and economic development, related public investment, and, to provide guidance 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.

The City Manager is the chief administrative official of the City. For the purposes of this UDO, the City Manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this UDO. The City Manager may delegate such responsibilities to City staff. Throughout this UDO, the term "City Manager" 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, "City Manager" means the "City Manager or his or her designee."

Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. The following terms are defined for purposes of this UDO.

A.

No buildings, structures, 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.

B.

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

The following general conditions or circumstances are exempt from the provisions and requirements of the UDO:

A.

Buildings or structures that are legally under construction on the date of adoption of the UDO;

B.

Buildings or structures for which a building permit has been issued as of the effective date of this UDO, provided that construction commences prior to the expiration of the building permit, and continues until completed;

C.

Development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this UDO, provided that development commences not later than one (1) year after the effective date of this UDO; or

D.

The proposed use of property has been lawfully approved as of the effective date of this UDO.

The City of Carrollton Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this UDO.

The Engineering Technical Standards Manual includes design and construction standards for the installation of infrastructure. The Engineering Technical Standards Manual is on file in the office of the City Engineer.

A.

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

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 City and shall not be construed to limit nor repeal any other powers granted under state law.

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 City Manager shall be responsible for interpretation. In the interpretation of this UDO, the City Manager shall be guided by the City of Carrollton Comprehensive Plan and applicable state law.

B.

Responsibility for interpretation by the City Manager 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 Mayor and City Council to any commission, board, or official named in other sections or articles of this UDO.

Interpretations regarding boundaries of zoning districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following the shoreline of a river, stream, lake or other water body 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 neutral.

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.

"Or" may be read "and," and "and" may be read "or," if the sense requires it.

G.

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

H.

The term "day" means a calendar day.

I.

The term "month" means a calendar month.

J.

The word "week" shall mean seven (7) days.

K.

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.

Acceleration/deceleration lane. One or more paved traffic lanes traversing the frontage of a property for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes.

Access. The ability and right to enter a property.

Accessory structure. A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure.

Accidental Discharge. A discharge prohibited by the UDO, which occurs by chance, and without planning or thought prior to occurrence.

Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter loadbearing walls is new construction.

Adult establishment or adult entertainment establishment. A facility or use authorized in specific zoning districts where adult entertainment activities may be conducted, while balancing the competing interests of reducing criminal activity and protecting neighborhoods. Adult establishments shall include the following:

a.

Adult bookstore: An establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section comprising 20 percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

b.

Adult business: Either:

(1)

Any business other than those expressly specified in this article, where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

(2)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas.

c.

Adult dancing establishment: A business that features dancers displaying or exposing specified anatomical areas.

d.

Adult motion picture theater: An enclosed building with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area for observation by patrons therein.

e.

Adult picture theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

f.

Adult motion picture arcade: Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are depicting or describing specified sexual activities or specified anatomical areas.

g.

Adult motel or hotel: A motel or hotel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

h.

Adult video store: Any establishment having a substantial or significant portion of its stock in trade, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished or relating to specified sexual activities or specified anatomical areas.

i.

Erotic dance establishment: A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

j.

Encounter center or rap establishment: Any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities or exposing specified anatomical areas.

k.

Escort bureau, introduction services: Any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusement or who may consort with others about any place of public resort or within any private quarters.

l.

Specified sexual activities: Shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of sexual relations, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5)

Masochism, erotic or sexually oriented torture, beating or the inflicting of pain; or

(6)

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

m.

Specified anatomical areas: Shall include any of the following:

(1)

Less than completely and opaquely covered human genitals or pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

(2)

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

Alley. A private or public thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.

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 array. Any exterior apparatus (rods, panels, discs, etc.) designed for telephonic, radio, or television communication through the sending and/or receiving of electromagnetic waves. The antenna does not include the support structure.

Aquifer. Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Area of shallow flooding. A designated AO zone on the City's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard. The land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year.

Attached wireless communication facility (attached WCF). An attached WCF is an antenna that is attached to an existing building or structure (attachment structure), which structures shall include but are not limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement. A building story constructed partially below the average level of the adjoining ground.

Bed and Breakfast Facility. A bed and breakfast is defined as a structure occupied by its owners of record, wherein lodging is provided to guests for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operators and said operators shall live in the structure when the bed and breakfast is in operation.

Best Management Practices (BMPs). A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

Billboard. See Sign, Outdoor Advertising.

Boarding or Rooming House. A building other than a motel or hotel, where for compensation or by prearrangement for a definite period, meals or lodging and meals are provided for five or more persons not related by blood or marriage, not to exceed 20 persons.

Brewery. A manufacturer or producer of malt beverages exceeding 15,000 barrels of beer in a calendar year for wholesale off premises consumption and consumption on premises, subject to the limitations provided in O.C.G.A. 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. 3-5-1.

Buffer, natural. A natural vegetated area with no or limited minor land disturbances, such as trails and picnic areas, located adjacent to reservoirs or perennial streams or other banks of state waters that contain flora native to the area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environments of Georgia." Along river corridors, habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species. The buffer may be thinned or trimmed as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left to sufficiently keep shade on the tributary, stream, or other water body.

Buffer, planted. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. In the event that insufficient existing vegetation or trees exist in the buffer zone, planting, fencing or other supplemental screening may be required, with a density, or opacity to accomplish buffering as required by this ordinance. Roads, parking areas, aboveground stormwater retention facilities, recreational facilities, or other aboveground construction shall not be permitted within the required buffer area. Public rights-of-way and utility easements shall not be considered as part of the buffer area.

Buildable area. The portion of a lot remaining after required yards have been provided and areas subject to flooding during the 100-year storm event have been deducted.

Building. Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind, with the exception of walls and fences.

Building Official. The person designated to enforce the rules of the building code, or his designee.

Camping Trailer. A vehicular structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is not more than 102 inches in body width, is less than 4,500 pounds in gross weight, and does not exceed 35 feet in length.

Certificate of Appropriateness. A document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

Certificate of Occupancy. A document issued by the City of Carrollton allowing the occupancy or use of a building and certifying the structure or use has been constructed and will be used in compliance with all the applicable codes and ordinances.

Channel. A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Church. See Religious Facility.

City. The City of Carrollton, Georgia.

City Engineer. Engineer appointed by the City Manager, or the City Engineer's designee.

City Manager. The chief administrative officer of the City, as appointed by the Mayor and City Council, and/or his authorized representative.

Clean Water Act (CWA). The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Club. A building owned, leased, or hired by an association of persons, who are bona fide members paying dues. The use of which is restricted to the members and their guests. The serving and selling of food and beverages may be permitted, provided that adequate kitchen and restroom facilities are available and that such sales are in accordance with federal, state, and local laws.

Collocation/site sharing. Collocation/site sharing shall mean use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

Condominium. A dwelling in which each resident has exclusive fee simple title and ownership in his individual dwelling unit while retaining an interest in the common facilities and areas of the building and grounds which are used by all the residents of the condominium. For the purposes of administering this UDO, condominiums shall be considered multi-family dwellings.

Convenience Store. A small retail outlet which offers commonly needed food and staples, including gasoline and oil, normally through extended hours of operation.

Corridor. All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed and within other setbacks located elsewhere in this ordinance.

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

Curb cut. The providing of ingress and/or egress between property and an abutting street.

Cut. 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 excavated surface. Also know as excavation.

Day Care Facility. Any building used routinely for the daytime care or education of five or more persons excluding the children or legal wards of the attendant adult, and including all accessory and activity areas.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.

Distillery. An establishment where distilled spirits are manufactured (distilled, rectified, or blended) and is licensed by the state of Georgia to manufacture distilled spirits, subject to the limitations set forth in O.C.G.A. 3-4-24.2.

Division. The Environmental Protection Division of the Georgia Department of Natural Resources.

Dormitory. A building in which lodging or boarding and lodging are provided for more than five people not of the same family unit, for compensation and not necessarily open to the public. For the purposes of administering this UDO, dormitories shall be considered multi-family dwellings.

Drainage Structure. 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.

DRASTIC. The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600/2-87-035. The DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility.

Driveways. A private roadway providing access to a street or highway.

Duplex. A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.

Dwelling. A building or portion thereof, designed, arranged or used for residential occupancy, but not including hotels or motels.

Dwelling, Multifamily. A building either designed, constructed, altered or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor-ceiling connecting it to at least one other dwelling unit in the building.

Dwelling, Single-Family. A building containing one dwelling unit and that is not attached to any other dwelling unit by any means and is surrounded by open space or yards.

Dwelling Unit. One or more rooms, including kitchen and toilet facilities, designed for the occupancy, cooking and sleeping of one or more persons living as a family.

Eaves. The projecting lower edges of a roof overhanging the wall of a building.

Elevated Building. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.

Environmentally Sensitive Areas. All those areas adjacent to and within wetland areas, groundwater recharge areas, river corridors, and reservoirs or perennial streams within a water supply watershed as described herein.

Equipment Facility. An equipment facility is any structure used to contain ancillary equipment for a WCF, which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

Erosion. The process by which land surface is worn away by the action of wind, water, ice, or gravity.

Erosion and Sedimentation Control Plan. A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan."

Existing Construction. Any structure for which the start of construction commenced before the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which establishes the area of special flood hazard.

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which established the area of special flood hazard.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Exterior Architectural Features. The architectural style, general design and general arrangement of the exterior of a building or other structure, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Exterior Environmental Features. All those aspects of the landscape or the development of a site which affect the historical character of the property.

FAA. The Federal Aviation Administration.

Farm Winery. A winery which makes at least 40 percent of its annual production from agricultural produce grown in the state of Georgia and is licensed to manufacture wine in the state of Georgia, subject to the limitations provided in O.C.G.A. 3-6-21.1. Wine may be manufactured on the licensed premises and sold for consumption on premises and consumption off premises in a tasting room, as defined by O.C.G.A 3-6-21.1.

FCC. The Federal Communication Commission.

Family. Two or more persons occupying a single dwelling unit where all members are related by blood, marriage, adoption, or are in foster care. No single dwelling unit located in R-20, R-15, R-10, R-8 (single-family residential), O-I, and R-O-I zoning districts shall have more than two unrelated individuals residing therein, nor shall any "family" have, additionally, more than two unrelated individuals residing with such family. When the single dwelling unit is located in any residential zoning district other than R-20, R-15, R-10, R-8, O-I, and R-O-I districts, one of the following is permitted:

(1)

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

(2)

Unrelated individuals not exceeding four.

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

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

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

Flags. Official federal, state, local, or international governmental flags and/or logo flags of political, professional, religious, educational, or corporate organizations, and provided that such are displayed on private property or by public entities as authorized by the appropriate governing authority, flags shall not be regulated by this ordinance.

Floating Zone or Floating Zone District. A zoning technique under which the zoning district is established in the text of UDO but it is not placed on the City of Carrollton Zoning Map. The City reserves the mapping decision until a developer makes an application to have the floating zone applied to his or her property. Each floating zone, once mapped, replaces the existing zoning district with separate density and site development standards.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the:

(1)

Overflow of inland waters; or

(2)

Unusual and rapid accumulation or runoff of surface waters from any source.

Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood Insurance Study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain. That area subject to periodic flooding up to the contour elevation of the 100-year recurrence interval storm event.

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.

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Floor area. The floor area of a dwelling is the gross horizontal area (as measured by exterior walls) of the several floors of a residential structure, exclusive of garage, carport, unfinished basement, unfinished attic and open porches.

Fraternity/Sorority. An organization of college students joined together by common interests for fellowship.

Frontage. The length of the front lot line.

Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

Garage. An accessory building or portion of a principal building used primarily for vehicle storage.

Generalized Wetlands Map. The current U.S. Fish and Wildlife Service National Wetlands Inventory maps for the City.

Governing Authority. The Mayor and Council of the City of Carrollton, Georgia.

Grading. 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.

Green Space. An open area that may be cultivated or maintained in a natural state for conservation, preservation, recreation, landscaping or a park and is not occupied by any structures or impervious surfaces other than trails, rest rooms, picnic structures, and other accessories.

Ground Elevation. The original elevation of the ground surface prior to cutting or filling.

Guest House Facility. Living quarters situated within an attached or detached accessory building located on the same premises as the principal building; such quarters shall be used only by bona fide nonpaying guests or relatives of the owners or occupants of the principal building and shall not be rented or otherwise occupied as a separate dwelling. In certain zoning districts, a guest house may be permitted as the principal building on a zoning lot, but on the same conditions as state[d] above.

Hazardous Waste. Any solid waste that by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental to the health of any person handling or otherwise coming into contact with such material and has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency. (Note: This is the same definition as used in the Georgia Hazardous Waste Management Act.)

Height, Buildings. The vertical distance measured from the mean finished ground level at the front of the building to the highest point of the roof or parapet.

Height, Towers. The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.

Historic District. A geographically definable area designated by the Mayor and City Council as a historic district pursuant to the criteria established in Section 3.05.08 of this UDO.

Historic Structure or Property. Any structure or property that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the 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 in 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 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.

Home Occupation. Any use conducted entirely within a dwelling by the residents thereof, which is secondary to the use of the dwelling for residential purposes.

Hospital. Any institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical and mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, and staff residences. This does not include office facilities for the private practice of medicine or dentistry.

Hotel. A building in which lodging or boarding and lodging is offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodginghouse, or an apartment.

Hotspot. An area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

Illegal Connection. Either of the following: (A) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the City's separate storm sewer system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the City's separate storm sewer system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or (B) Any pipe, open channel, drain or conveyance connected to the City's separate storm sewer system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit Discharge. Any direct or indirect non-stormwater discharge to the City's separate storm sewer system.

Impervious [S]urface. A man-made structure or surface preventing the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Inspection and Maintenance Agreement. A written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction or covenant on the title to a site or other land involved in a land development project.

Junkyard. Property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment; or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. An automobile is considered abandoned when a current license tag is absent.

Jurisdictional Wetland. An area that meets the definition requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Kennel. An establishment in which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

Land-Disturbing Activity. Any grading, scraping, excavating, filling of land; clearing of vegetation; and any construction, rebuilding or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, the cutting of firewood for personal use or agricultural practices as described in Section 3.04.03, paragraph (5) of this UDO.

Larger Common Plan of Development or Sale. 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.

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

Livestock. Domestic animals, including cows, sheep, goats, pigs, horses, poultry and the like, normally kept for use on a farm or raised for sale or profit.

Loading Space. Off-street vehicle parking space reserved for bulk pickups and deliveries.

Local Issuing Authority. The governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).

Long-[T]erm Care Facility. An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related. A long-term care facility may be either a skilled nursing facility or an intermediate care facility for the aging or ill.

Lot. A developed or undeveloped tract of land in one ownership, legally transferable as a single unit of land.

Lot of record. A plot or tract of land appearing on a plat recorded in the public deed records in the office of the clerk of the Superior Court of Carroll County at the time of the enactment or amendment of this ordinance.

Lot, through. A lot having frontage on two streets that are approximately parallel.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured generally perpendicular to the front lot line.

Lot width. The horizontal distance between the side lines of a lot measured at the front building line.

Manufactured Home. A factory-built, single-family home structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. A manufactured home must meet the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401 et seq.), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code. 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.

Material Change in Appearance. A change that will affect either the exterior architectural or environmental features of a historic property or any buildings, structure, site, object, landscape feature or work of art within a historic district, such as:

(1)

A reconstruction or alteration of the size, shape or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements;

(2)

Demolition or relocation of a historic structure;

(3)

Commencement of excavation for construction purposes;

(4)

A change or location within a designated historic district of advertising visible from the public right-of-way; or

(5)

The erection, alteration, restoration, or removal of any building or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features.

Mean Sea Level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Metropolitan River Protection Act (MRPA). A state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Microbrewery. An establishment in which not more than 15,000 barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which manufactured or brewed beer or malt beverages may be sold for consumption on premises and consumption off premises, subject to the limitations provided in O.C.G.A. 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. 3-5-1.

Miniwarehouse. See Self Service Storage.

Mobile Home. See Manufactured Home.

Mobile Home Lot. A parcel of land for the exclusive use of the occupants of a single mobile home.

Mobile Home Park. A parcel of land that has been planned and improved for the placement of four or more mobile homes for permanent or semipermanent use. Pads within a mobile home park remain the property of the park owner and are rented to tenants. A mobile home park does not include the provision of space for storage, inspection or sale of unoccupied mobile homes.

Mobile Home Subdivision. A tract of land planned and improved for the placement of four or more mobile homes for permanent use on individually owned private lots.

Modular Home. A modular home is a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential purposes.

Motel. A building or group of buildings where lodging is provided for more than ten persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through private entrances. No more than ten percent of the rooms or suites may contain kitchen or cooking facilities.

Natural Areas. Areas in which human activities are limited and where the natural environment is protected from man-made changes.

Natural Ground Surface. The ground surface in its original state before any grading, excavation, or filling.

National Geodetic Vertical Datum (NGVD). As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

Nephelometric Turbidity Units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

New Construction (floodplain management). Any structure for which the start of construction commenced after the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which establishes the area of special flood hazard. The term also includes any subsequent improvements to such structure.

New Manufactured Home Park or Subdivision (floodplain management). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Non-conforming Use. Any building or land lawfully occupied at the time of the adoption of this ordinance or the passage of amendments to this ordinance which does not conform, after the passage or amendment of this ordinance, with the use regulations of the district in which it is located.

Non-structural Stormwater Management Practice or Non-Structural Practice. Any natural or planted vegetation or other non-structural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

Nursery. A building or lot, or portion thereof, used for the commercial cultivation or growing of plants, and including all accessory buildings.

Nursery school. See Day Care Facility.

Nursing Home. See Long-Term Care Facility.

Off-Site Facility. A stormwater management facility located outside the boundaries of the site that it serves.

On-Site Facility. A stormwater management facility located within the boundaries of the site that it serves.

Open Space. Public or private permanently protected open areas that may be commonly accessible or only accessible to the owners or tenants of a development.

Operator. The party or parties that have:

(1)

Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

(2)

Day-to-day operational control of those activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions.

Overlay Zone. A special purpose zoning classification used to supplement, but not change the regulations of the current zoning districts (called the "underlying zone") in an effort to protect and promote public/private investment.

Parking Space. An off-street parking space consists of space adequate for parking a vehicle with room for opening doors on both sides, maneuvering room and access to a public street.

Perennial River. A river or section of a river that flows continuously throughout the year.

Perennial Stream. A stream that flows throughout the whole year as indicated on United States Geological Survey (USGS) Quadrangle Map.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this UDO.

Person. 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 this state, any interstate body or any other legal entity.

Personal Care Home. A profit or nonprofit facility, home, or structure for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24-hour responsibility for the well-being of residents of the facility.

Planned Commercial/Office/Industrial Development. A contiguous area or subdivision of land, planned and maintained as a single entity and containing one or more structures to accommodate retail service, commercial, office, or industrial uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses (e.g., office park, shopping center, industrial park).

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution. The contamination or other alteration of the physical, chemical or biological properties of air or water by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color turbidity, or odor, or the discharge of any liquid, gaseous, solid, radioactive, or other substance as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Pollution Susceptibility. The relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. Pollution susceptibility maps categorize the land areas of the state into areas having high, medium and low groundwater pollution potential.

Port Facility. Any facility for the docking, loading and unloading of ships.

Post-development. Refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

Pre-development. Refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the City. Where phased development or plan approval occurs (preliminary grading, roads and utilities, and so forth), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-developed conditions.

Preexisting Towers and Antenna Arrays. Any tower or antenna having a properly issued permit prior to the effective date of this ordinance.

Principal Building. The building containing or to contain the principal use of a lot.

Principal Use. The principal purpose for which a lot or the main building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained.

Private Deed Restrictions or Covenants. Private deed restrictions or covenants are imposed on land by private landowners. They bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the landowners involved and not by the City or other public agency.

Private Student Housing. A building either designed, constructed, altered or used for more than two adjoining student housing units, with each student housing unit having a party wall or party floor-ceiling connecting it to at least one other student housing unit in the building.

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

Protected River. Any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act or Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limits of the jurisdiction of the Coastal Marshlands Protection Act.

Public Officer. The City Manager, or his designee.

Public Street. Any vehicular way, including improved or unimproved right-of-way, that:

(1)

Is an existing state, county, or municipal roadway;

(2)

Is shown upon a plat approved pursuant to law;

(3)

Is approved by other official action; or

(4)

Is shown on a plat duly filed and recorded.

Public Utility or Utilities. See Utility.

Qualified personnel. Any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.

Redevelopment. A land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Recharge Area. Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

Recreational Vehicle. 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.

Regional Stormwater Management Facility or Regional Facility. Stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for onsite controls is either eliminated or reduced.

Regulated Activity. Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U.S. excepting those activities exempted in Section 404 of the Federal Clean Water Act.

Regulatory Floodplain. Any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan.

Religious Facility. A structure or place in which worship, ceremonies, rituals, and education pertaining to particular system of beliefs are held.

Reservoir Boundary. The edge of a water supply reservoir defined by its normal pool level.

Restaurant. An establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

Retail Sales and Service. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Retirement Home. See Long-Term Care Facility.

River/Stream Bank. The rising ground, bordering a river or a stream, which serves to confine the water to the natural channel during the normal course of flow.

River Corridor. All the land inclusive of islands, not regulated under the Metropolitan River Protection (O.C.G.A. §[§] 12-5-440 through 12-5-457), or the Coastal Marshlands Protection Act (O.C.G.A. §[§] 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks.

Roadway Drainage Structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such materials that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.

Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.

Self Service Storage. 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.

Senior Housing Community. One or more multifamily dwellings containing dwelling units specifically designed for and limited to residents aged 55 and older.

Sensitive Natural Area. Any area, as defined now or hereafter by the Department of Natural Resources, which contains one or more of the following:

(1)

Habitat, including nesting sites, occupied by rare or endangered species;

(2)

Rare or exemplary natural communities;

(3)

Significant landforms, hydroforms or geological features; or

(4)

Other areas so designated by the Department of Natural Resources, which are sensitive or vulnerable to physical or biological alteration.

Service Station. See Vehicle Repair Facility.

Setback Line. A line that is the required minimum distance from any lot line and that establishes the area within which the principal structure may be erected or placed.

Significant Recharge Area. Those areas mapped by the Department of Natural Resources in Hydrologic Atlas 19 (1998) edition. Mapping of recharge areas is based on outcrop area, lithology, soil type, thickness, slope, density or lithologic contacts, geologic structure, presence of karst, and potentiometric surfaces. Significant recharge areas are as follows in the various geologic provinces of the state.

In the Piedmont and in the Blue Ridge, rocks have little primary porosity, with most groundwater being stored in the overlying soils. The significant recharge occurs in those with thicker soils. Field mapping indicates thick soils in the Piedmont and Blue Ridge are characterized by a density of two or more geologic contacts per four square miles (source: 1976 1:500,000 Geologic Map of Georgia) and slopes lower than eight percent.

Sign. Any identification, description, display, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise or any emblem, painting, banner, pennant, balloon, or placard designed to advertise, identify, or convey information.

Sign Area. The rectangular area(s) enclosing the limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed; provided, however, that any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, shall be included in the computation of the area of the sign, whether such open space be enclosed or not by a frame or border. For projecting or double-faced signs, only one display face shall be measured in computing sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that it is a common attached structure. If two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face.

Sign, Canopy. A sign affixed to, superimposed upon, or painted on any roof-like structure, which is extended over a sidewalk or walkway or vehicle access area. A flush canopy sign is one that is mounted in such a manner that a continuous plane with the canopy is formed. A hanging canopy sign is one suspended from or beneath the canopy. Canopy signs shall be no less than eight feet above the ground when erected over pedestrian walkways and 14 feet above areas of vehicle service access at the lowest extremity of the sign. Canopy signs shall be otherwise regulated as provided for all signs.

Sign, Construction. A temporary sign located on the property where construction or development is taking place and which identifies the contractors, engineers, architects, and financial institutions associated with the project.

Sign, Freestanding (Individual Non-Residential Lot or Parcel). A sign securely affixed to a substantial support structure which is permanently attached to the ground and wholly independent of any building for support.

Sign, Freestanding (Planned Commercial/Office/Industrial Development). A sign securely affixed to a substantial support structure which is permanently attached to the ground and wholly independent of any building for support that serves two or more establishments within a Planned Commercial/Office/Industrial Development.

Sign, Illuminated. A sign designed to give forth artificial light directly or through transparent material from a source of light within such sign, including, but not limited to exposed lamp signs or a sign illuminated by an external light directed primarily toward such a sign and so shielded that no direct rays from the light are visible elsewhere other than on the lot where said illumination occurs.

Sign, Instructional. A sign (including thereon an advertising trademark, logo, or emblem identification) used to give direction or specific instruction to the public, such as (but not limited to) "enter," "exit," "no parking," "drive through," "restroom," and so forth.

Sign, Mobile. A sign of temporary nature, which is attached to, mounted on, pasted on, painted or drawn on any vehicle whether motorized or drawn and which is placed, parked, or maintained at one particular location for the express purpose and intent of promoting or conveying an advertising message.

Sign, Monument. A freestanding sign supported by an internal structural framework on a base or foundation, or a sign enclosed by other solid structure features other than support pole(s) or post(s) and where the base of the sign structure is on the ground or foundation. Monument sign base and structure shall be composed of brick, stone, or masonry backed stucco.

Sign, Non-conforming. Any legally existing sign prior to the effective date of this ordinance, which fails to comply with the requirements of this ordinance.

Sign, Outdoor Advertising. A sign that directs attention to a building, profession, product, service, business, activity, or entertainment not conducted, sold, or offered on the premises upon which the sign is located, except incidentally. The message carried by an outdoor advertising sign is ordinarily of no importance to the owner of the site and not subject to such owner's control.

Sign, Prohibited. Any sign, other than a nonconforming sign, not conforming to this ordinance.

Sign, Public Service. Any sign erected and maintained by public officials or agencies, or approved and authorized for use by state or local governmental authorities. Such signs shall be generally for traffic control or public information purposes and shall not be regulated by this ordinance.

Sign, Real Estate. A temporary sign advertising the sale, rent, or lease of the property on which it is located.

Sign, Roof. A sign erected upon and above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. Roof signs are prohibited by this ordinance.

Sign, Weekend Directional. An off-premises sign, which provides direction to property for sale, lease, or rent. Weekend directional signs may be erected from Friday at 3:00 PM until 11:59 PM on Sunday and direct traffic to a specific project. Weekend Directional Signs are not to be erected within the public right-of-way.

Site Plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility service; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Small Water Supply Watershed. A watershed containing less than 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Soil and Water Conservation District Approved Plan. An erosion and sedimentation control plan approved in writing by the West Georgia Soil and Water Conservation District.

Stabilization. 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.

Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

State General Permit. The National Pollution Discharge Elimination System general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., and O.C.G.A. § 12-5-30(f).

State Waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Stormwater Better Site Design Practices. Non-structural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for non-structural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

Stormwater Management Measure. Any stormwater management facility or structural or non-structural stormwater practice.

Stream Buffer. A natural or enhanced vegetated area lying adjacent to a stream.

Stream Protection Area or Protection Area. With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Street. A vehicular way for vehicular traffic which affords the principal means of access to abutting property. Streets are classified as "minor," "collector" and "major" and designated as such on the zoning map.

Structural Erosion and Sedimentation Control Practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Structural Stormwater Control. A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff.

Structure. Anything constructed or erected on the ground or attached to something on the ground, with the exception of fences and walls.

Student Housing Unit. One or more rooms, including kitchen and toilet facilities—But not to exceed four bedrooms—Designed for the occupancy, cooking and sleeping of one or more unrelated individuals enrolled in a program of study at an educational institution, college or university, trade school, training facility or similar entity.

Subdivision. A tract of land which has been divided into two or more lots, all fronting on a public street, and offered for sale as individual lots.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be:

(1)

The appraised value of the building prior to the start of the initial repair or improvement; or

(2)

In case of damage, the value of the building prior to the damage occurring.

This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with the existing health, sanitary, or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions.

Substantially Improved Existing Manufactured Home Parks or Subdivisions. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Support Structure (towers). Any structure designed and constructed primarily for the purpose of supporting one or more antenna arrays, including self-supporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission tower, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Temporary Wireless Communication Facility (Temporary WCF). Temporary wireless communication facility shall mean a WCF to be placed in use for 90 or fewer days.

Townhouse. A townhouse is a multi-living unit structure in which each living unit and lot is owned in fee simple and generally occupied by the owner. Individual dwelling units within a townhouse are separated by a fire wall.

Trailer. A vehicle, designed and/or maintained for use as a temporary dwelling or sleeping place, for travel or recreational purposes, having no foundation other than wheels or jacks.

Trailer Park. A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes or temporary parking of any other recreational vehicle.

Trout Streams. All streams or portions of streams within the watershed as designated by the game and fish division of the state Department of Natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Underlying Zone. The designated zoning districts which are established on the official zoning map. Regulations of these zoning districts may be supplemented when an "overlay zone" is applied to these zoning districts.

Utility. Public, 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 or other utilities identified by a local government.

Vape Shops. Any business whose principal production line for retail sale is alternative nicotine products or vape juice, or both. "Alternative nicotine products" refers to any products or devices that employ an electronic heating element, power source, electrical circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For purposes of this definition, vape juice refers to any liquid that contains compounds containing pharmaceutical-grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this definition, "principal" shall mean that alternative nicotine products, vape juice, or both constitute at least twenty-five (25) percent of the business's aggregate retail sales.

Variance. A relaxation of the terms of the Unified Development Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not as a result of the actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.

Vegetative Erosion and Sedimentation Control Measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1)

Permanent seeding, sprigging, or planting, producing long-term vegetative cover;

(2)

Temporary seeding, producing short-term vegetative cover; or

(3)

Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Vehicle Repair Facility. A building or premises where products necessary for automobile service or maintenance are sold and/or where such maintenance services are rendered.

Watercourse. 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.

Watershed. The land area that drains into a particular stream.

Water Supply Reservoir. A governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

Wetlands. Those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and 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. The ecological parameters for designating wetlands include hydric soils, hydrological vegetation and hydrological conditions involving a temporary or permanent source of water to cause soil saturation.

Wireless Communications. Wireless communications shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, digital communications services (DCS), personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (EMSR), paging and similar services that currently exist or that may in the future be developed.

Wireless Communications Facility (WCF). A WCF is any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.

Yard. An open space on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure except as otherwise provided herein. Yard areas do not include required buffer zones.

Yard, Front. An open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the nearest street right-of-way line and the front line of the building projected to the side lines of the lot.

Yard, Rear. An open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the width of the lot and located between the rear line of the lot and [the] rear line of the building or use projected to the side lines of the lot.

Yard, Side. An open, unoccupied space on the same lot with a principal building or use, located between the building or use and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning District. An area established in the zoning ordinance, and delineated on the zoning map, in which certain uses are permitted, and in which other uses are prohibited.

Zoning Lot. A tract of land, or a portion of a tract, all of which lies within one zoning district, and which may be developed or used for purposes consistent with those permitted in that district, and which may be developed or used for purposes consistent with those permitted in that district. A zoning lot may or may not coincide with platted lot line.

(Res. No. 08-2011, 8-1-11; Res. No. 06-2017, 5-1-17; Res. No. 16-2018, 11-5-18; Res. No. 06-2019, 2-4-19; Res. No. 16-2020, 10-5-20; Res. No. 07-2021, 8-2-21; Res. No. 03-2023, 5-1-23; Res. No. 03-2024, 4-8-24)