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Coweta County Unincorporated
City Zoning Code

ARTICLE 3

- DEFINITIONS OF TERMS

Sec. 30. - Interpretation of certain terms and words.

For the purpose of interpreting this ordinance, certain words or terms used herein shall be defined as follows unless terms under specific articles supersede these definitions:

Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.

Sec. 31. - Listing of definitions.

Except as specifically defined herein, all words used in this ordinance shall carry their customary meanings as defined in a standard dictionary.

Accessory use or building: A use, building or structure, other than a mobile home or manufactured home, on the same lot, and of a nature customarily subordinate to the principal use, building or structure. A detached garage, toolshed or swimming pool would be examples of accessory buildings.

Active recreation: Active recreational activities are a mix of uses conducted as part of county-wide or league sports, and include the use of sports courts, athletic fields, tracks, off-road motorized vehicles, rifle ranges and the construction of buildings or structures for concession stands, locker rooms, and shower facilities accessory to athletic fields, tracks, or courts.

Agribusiness, neighborhood: The business collectively associated with the production, processing and distribution of agricultural products grown or produced on-site and any related tourism and educational activities allowed by permit.

Alteration: The enlargement of a building or changes in the size, placing or spacing of load-bearing or structural members (such as joists, beams, columns or rafters) or changes made in a building to convert it from one use to another.

Ambulatory person: A person who has the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches or handrails, or by propelling a wheelchair; and can perceive an emergency condition, whether caused by fire or otherwise, and escape without human assistance.

Amenities: A natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area.

Assisted living facility: Any facility which provides room and board on a 24-hour basis for residents requiring assistance with daily living activities (such as, but not limited to, dressing, grooming, bathing, housekeeping, transportation, etc.) due to health or age related conditions. Limited on-site medical care, as well as transportation assistance for medical appointments is generally provided.

Automobile service, major: Automobile repair services which generally require substantial replacement/repair of major components of an automobile. Examples of major automobile service include, but are not limited to, transmission repairs/replacement, paint and bodywork, engine overhaul, and radiator repair.

Automobile service, minor: Automobile maintenance services which generally only require very brief adjustments and replacement of minor components. Examples of minor automobile service include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement, and alignment.

Automobile service station: A building or premises where products necessary for automobile service or maintenance are sold, provided there is no storage of automobiles, and only minor services are rendered and all repairs are performed indoors. An automobile service station is neither a repair garage nor a body shop.

Bed and breakfast lodging: An owner-occupied single-family dwelling in which overnight lodging is available on a nightly basis in five or less rooms of the dwelling, but which does not meet the definition of a transitional housing shelter. Breakfast is usually offered along with these accommodations.

Boarding or rooming house: A dwelling in which meals or lodging or both are furnished for compensation to more than two but not more than ten non-transient persons.

Body shop: A building or premises where motor vehicle repair and/or replacement is performed, including, but not limited to, painting and metal fabrication of motor vehicle bodies or structures.

Buffer: That portion of a lot or parcel of land established for permanent vegetation and open space and intended to separate properties with different and possibly incompatible types of use and/or zoning classifications. This area is a distance as specified pursuant to this ordinance and typically as measured from the common property line of the different uses and/or zoning classifications.

Buffer, natural: A buffer which is left to remain in its natural state except for minor maintenance activity as may be authorized under this ordinance.

Buffer, opaque: A buffer which is of sufficiently dense vegetation and/or other features (such as a fence or earthen berm) as to preclude uninterrupted vision from one side to the other.

Buffer, planted: A buffer which consists of planted vegetation as provided for in this ordinance.

Buffer, undisturbed: A buffer, which, once installed, is not to be reduced or altered except for minor maintenance as may be authorized under this ordinance. The term "installed" as used herein refers to the time at which either: a) the natural buffer is staked out, or b) the planted buffer is planted and approved.

Buildable area: The portion of a lot remaining after required yards have been provided.

Building: Any structure attached to the ground which has a roof and which is designed for shelter, housing or enclosure of persons, animals or property of any kind. Except, however, for the purpose of observing required front yard setbacks, gasoline pumps, sheds and similar structures are defined as buildings.

Building department: The individuals and/or agency appointed to review, permit and inspect residential, commercial and industrial structures within the county, among other duties.

Building, height of: The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Building line: A boundary established to fulfill the yard setback requirement of article 23 of this ordinance.

Building official or chief building inspector: The official appointed by the county and charged with the responsibility for ensuring compliance with buildings codes and pertinent sections of this ordinance.

Building, principal: A building or structure in which is conducted the principal use of the lot on which said building is situated.

Building site: That portion of a "lot" (see definition) which must meet or exceed the minimum contiguous area and other requirements specified herein for the site of a principal building and/or any necessary on-site septic tanks and drainfields, and/or wells for water supply. Such "building site" shall meet the minimum contiguous area requirements as specified for the zoning district in which it is located, exclusive of any area located within the 100-year floodplain, wetland, water impoundments, detention ponds and/or transmission or distribution utility easements; and such "building site" shall meet all requirements established by the state health department.

Caliper: Measure of the trunk diameter, six inches above grade, of a nursery-grown tree.

Canopy tree: Any self-supporting woody plant of a species that grows to an overall height of at least 40 feet, usually with one stem or trunk and many branches.

Centerline of street: The centerline of a street or road, and in the case of a multiple-lane street or road, the centerline of the total right-of-way.

Certificate of occupancy: A permit issued by the building official indicating that the use of the building or land in question is in conformity with this ordinance or that there has been a legal variance therefrom as provided by this ordinance.

Clinic: Establishment where patients, who are not lodged overnight, are admitted for examinations and treatment by one physician or dentist or a group of physicians or dentists practicing medicine.

Club: Generally, a building or facility owned or operated by and for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. When referenced in this zoning ordinance, specific types of clubs shall be defined as follows:

(1)

Hunting club or fishing clubs, private: A private club, created for the purpose of seasonal hunting and fishing and primitive camping, exclusively provided for members and guests, where seasonal membership fees are collected solely for the purpose of making the lease payments for privilege of hunting or fishing on leased property. Hunting club activities shall not include indoor or outdoor shooting/gun ranges or archery ranges with the exception of a temporary sighting range.

(2)

Hunting and fishing clubs, public: Hunting and fishing clubs, open to membership to the public, whether for one time use or for annual membership, where fees and membership dues are collected to pay for costs associated with the club over and above the cost of the lease of the land where the club is located.

(3)

Public and private golf, tennis and country clubs: A building or facility for recreational or social purposes.

(4)

Shooting club or gun club, public or private: A club for firearms enthusiasts who pay membership fees to have access and maintain a property, whether it be an indoor facility or outdoor area, to practice shooting and/or purchase firearms or equipment relating to shooting and firearms. Shooting at the location would be on temporary or permanent ranges and facilities, either indoor or outdoor.

Collectors: streets which channel local traffic into the major/minor collector and arterial system. Collectors provide lane access and traffic circulation within residential subdivisions, commercial and industrial areas.

Commission: The board of commissioners of Coweta County, Georgia.

Community development department: The county department comprised of the development review division; the zoning, building and licensing division; the county planner and the code enforcement division.

Conditional use: A use which may be permitted within a zoning district subject to meeting those conditions contained in this ordinance or required and approved by the board of commissioners.

Condominium: The ownership in fee simple title of a single unit in a multi-unit structure and undivided ownership, in common with other purchasers, of the common elements of the structure and including the land and its appurtenances.

County planner: The person responsible for administering the long-range and comprehensive planning efforts for the county, among other duties.

County street: For the purpose of this ordinance only, a county street is a street which is owned and/or maintained by Coweta County. Nothing herein shall be construed to designate any street as a county street for other than zoning purposes.

DBH (diameter at breast height): The diameter of a tree measured at a point four and one-half feet above grade.

Dams: A barrier confining by a body of water; a barrier preventing the flow of water, a barrier built across a watercourse for impounding water.

Day care (aka day nurseries): Any facility which provides for the supervision of children or adults who do not reside in the facility, are present primarily during daytime hours, and do not regularly stay overnight. Some meal provisions are generally included; however, medical care is not a customary part of the program services. These facilities are differentiated from private schools by their primary focus on supervision, instead of instructional curriculum.

Department: The Community Development Department as defined herein.

Development review committee: The body composed of representatives from the zoning, building and licensing division, the development review division, the fire department, the environmental health department, natural resource conservation service (NRCS), the water and sewerage authority and such other representatives as may be designated by the board of commissioners; also known as the "review committee" or the "development review committee".

Development review division: The division responsible for coordinating the site plan review and approval process for subdivisions as well as retail, commercial, office and industrial buildings; issuance of land disturbance permits; inspecting the site development and construction process; and the review of landscape and buffer planting plans, among other duties.

Director: The community development director or their designee responsible for managing day-to-day operations of the community development department, including the development review division, the zoning, building and licensing division, the county planner, and the code enforcement division, among other duties.

Drive-in restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages, at which a substantial part of the food, refreshment or beverages merchandised and dispensed has been prepared and packaged so as to facilitate its consumption outside the structure in which the food, refreshment or beverages are dispensed, and/or at which the customer may be served in one or more of the following situations: at a counter within the establishment, through an exterior sales window, or while seated in a vehicle.

Dwelling: A building or portion thereof which is designed or used exclusively for residential purposes, including single-family, two-family, multiple-family dwellings, rooming and boarding houses, fraternities, sororities, and modular dwellings, but not including hotels or motels. No such dwelling shall be occupied by more than one family.

Dwelling, factory-built home: Any structure or component thereof which is designed primarily for residential occupancy and which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation, on the building site.

Dwelling, industrialized building: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for 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. Industrialized buildings are constructed and regulated in accordance with the Industrialized Building Act, 1981 Ga. Laws, page 1637 (O.C.G.A. tit. 8, ch. 2, art 2, pt. 1), as amended.

Dwelling, log: A dwelling where the exterior walls are constructed of either timbers that have been hewn from round logs or round logs stripped of their bark and laid horizontally. In both cases the logs are notched or otherwise fastened at the corners to provide rigidity and strength. The logs shall provide the structural integrity for the house. The roof systems, interior walls and floor system of log dwellings may consist of log beams, manufactured beams or conventional type framing. Required plans for log dwellings must be sealed by a Georgia registered architect or engineer.

Dwelling, manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq., as amended.

Dwelling, mobile home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, but which does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq., as amended. Existing lots or parcels containing mobile homes on or prior to the adoption of this ordinance are hereby grandfathered and may be continued for that use as nonconforming uses.

Dwelling, multifamily: A residential building containing three or more dwelling units, with the number of families in the building not exceeding the number of dwelling units provided.

Dwelling, single-family: A structure or portion of a structure designed, arranged and used for occupancy by one or more persons living as a single housekeeping unit or family which meets or exceeds the following standards:

(1)

Minimum width in excess of 16 feet.

(2)

Minimum square footage as required by the zoning district in which it is located.

(3)

The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, or other materials approved by the building official.

(4)

The exterior siding material shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other material of like appearance.

(5)

The structure must be attached to a permanent foundation.

(6)

The structure must be constructed according to standards established either by the state minimum standard codes as amended from time to time or the standard building code if locally adopted or the National Manufactured Housing Construction and Safety Standards Act, or the State of Georgia Industrialized Building Act.

(7)

Manufactured homes and industrialized buildings placed in residential zoning districts or areas shall meet the minimum compatibility standards set forth in article 12, section 123 in addition to the district standards applicable to all housing located therein.

(8)

The county building official may approve deviations from one or more of the developmental or architectural standards provided herein or in article 12, section 123, on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible or harmonious with existing structures in the vicinity.

Dwelling, two-family: A detached residential building containing two dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling units: One or more room(s) connected together, constituting a separate independent housekeeping establishment of owner occupancy, for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, sleeping and toilet facilities. No dwelling unit may be occupied by more than one family.

Easement: A grant or reservation by the owner of land for the use of such land by the others for a specific purpose or purposes by the public, the county, a corporation or other persons for specified purpose, and which must be included in the conveyance of land affected by such easement.

Engineering division: The division responsible for design and management of consultant design for county projects; right of way acquisition for transportation projects and other county projects; bidding and contract administration of contracted transportation and site projects; project administration, inspection, and management of contracted transportation projects, utility and encroachment permitting for work within county right of way, survey and construction staking.

Facilities management division: The division responsible for management and maintenance of county-owned facilities, buildings, building components, and grounds; custodial services for county owned and/or leased buildings; management of consulted architectural and engineering services related to buildings and structures; bidding and contract administration of contracted building construction and maintenance projects.

Family: One or more persons occupying a single dwelling unit provided that, unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. The term "family" does not include any organization or institutional group. No family may reside in any structure which is not a dwelling unit.

Fleet maintenance and environmental management division: The division responsible for operation of the county's construction and demolition landfill; maintenance of the county's closed municipal solid waste landfill; fleet management and maintenance of most county-owned vehicles and equipment; implementation and management of the county's Municipal Separate Storm Sewer System (MS4); and implementation and maintenance of erosion and sedimentation control measures and devices on county projects.

Floor area: The floor area is the gross horizontal area of the several floors of a structure exclusive of carport, garage, basement, attic and open porches. Only finished, conditioned living space can contribute to the minimum required floor area.

Greenhouse: A detached subordinate building or enclosure covered with glass, plastic or transparent material, the use of which is clearly incidental to that of the main building or to the land used for the cultivation, protection, culture or storage of trees, seedlings, shrubs and tender or tropical plants.

Ground coverage: The area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot.

Guest house: A detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent.

Highly treated wastewater: Highly treated wastewater is the effluent of an advanced wastewater treatment system that includes the processes of biological oxidation and clarification, coagulation and filtration, and disinfections. Total suspended solids must not exceed 5 mg/l, fecal coliform must not exceed 23 per 100 ml, and pH must be 6-9. Turbidity is monitored continuously on the filtered water prior to disinfection and must not exceed an average of three turbidity units. Reclaimed water exceeding five turbidity units is considered reject water and must be stored off-line, prior to further treatment.

Home occupation: Those occupations as defined in Article 6A and 6B of this ordinance.

Homestead lot: A single-family residential lot, not part of a subdivision development. Homestead lots are permitted only in the RC (rural conservation) zoning district. See: Article 7, RC rural conservation district.

Homeowners association: A community association, other than a condominium association, that is organized in a development in which individual owners share common interest and responsibilities for cost and upkeep of common area and facilities.

Hotel or motel: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guestrooms, and in which no provisions are made for cooking in any individual room or suite; except, however, that cooking facilities may be included with individual units for occupancy provided any such unit shall have a total floor area of not less than 480 square feet for an efficiency or one-bedroom unit, a total floor area of not less than 730 square feet for a two-bedroom unit, and not less than an additional 150 square feet of floor area for each additional bedroom.

Impervious surface: Any material that prevents absorption of stormwater into the ground.

Individual conventional septic system: Includes any septic tank, absorption field and all associated devices and appurtenances intended to be used for disposal by soil absorption, but does not include alternative, decentralized, or experimental systems. Serving only one lot in residential and one or more lots in commercial, industrial, and office.

Infrastructure: Facilities and services needed to sustain industry, residential, commercial, and all other land use activities and shall include water, sewer, natural gas, electric power, streets and roads, communication, and other public facilities.

Inoperable vehicle: Any motorized vehicle incapable of immediately being driven.

Interstate principal arterial: Segments of the interstate highway system that are designed for continuous, high-speed movements of all traffic types. Access is limited to interchanges at major roadways.

Island: A raised planting area, curbed, placed in parking areas to guide traffic, separate lanes, preserve existing vegetation, and increase aesthetic quality.

Junkyard or salvage yard: The use of any space outside a building involved in the storage, keeping, abandonment, demolition, bailing (baling) or dissembling (disassembling) of wrecked autos, trucks or other vehicles; storage or otherwise dealing in, but not excluding sale or exchange of ferrous and nonferrous metals, used paper, cloths, plumbing fixtures, and household appliances, provided that this definition shall not apply to any such uses conducted solely as an accessory use to the premises.

A farm having worn-out or wrecked equipment or machinery for use as salvage or parts and being used solely for use by the residences (residents) of the premises may conduct this as any accessory use, locating it at least 100 feet from any property line.

Any site containing two or more inoperable vehicles or automotive vehicles not having current license plates shall be classified as a junkyard.

Landscaping: (a) An expanse of natural scenery; or (b) any combination of natural and man-planted and maintained features including lawns, trees, shrubs, other plants, decorative or natural ground cover, exposed rock, mulch, wood chips, water features, sculpture, paths, etc.

Landscaping plan: A scaled drawing identifying locations of plant material to be preserved, transplanted and/or installed to comply with the requirements of the county's landscape ordinance.

Large animal clinic: An establishment for the care and treatment of large animals such as cattle, horses, mules, sheep, goats, beasts of burden, and other mammals customarily kept in corrals or stables, or wild animals weighing more than 20 pounds.

Loading space, off-street: Space logically and conveniently located and reserved for bulk pickups and deliveries, scaled to the size of delivery vehicles that will utilize such space.

Local streets: Streets which provide low volume, low speed access to abutting properties. Local streets serve travel over relatively short distances as compared to collectors or other higher systems. These include all facilities not on higher systems such as residential subdivision streets and rural roadways that are found throughout Coweta County.

Lot: An unsubdivided parcel or portion of land occupied or intended to be occupied by a common use or occupied or intended to be occupied by a building or group of buildings devoted to a common use, together with the customary accessory buildings and uses and open spaces belonging to the same, which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land, having its principal frontage upon a county road, street, thoroughfare, state highway or a dedicated easement for ingress and egress on record in the office of the clerk of the superior court of Coweta County, Georgia; includes the terms "plot" and "parcel."

Lot, corner: A lot situated at the intersection of two streets, or bounded on two or more adjacent sides by street right-of-way lines.

Lot double-frontage: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot. This lot may also be identified as a "through lot."

Lot frontage: That portion of a lot adjacent to a street.

Lot, interior: A lot other than a corner lot or a double-frontage lot.

Lot line: A boundary of a lot. Lot line is synonymous with property line.

Lot of record: An individual lot or lot which is a part of a subdivision, the map of which has been recorded in the office of the Clerk of Superior Court of Coweta County, Georgia; or a parcel of land the deed of which has been recorded in the office of the Clerk of Superior Court of Coweta County.

Lot width: The distance between side lot lines measured at the front yard setback line.

Major collector streets: Major collectors serve urban areas and other traffic generators of intra-county importance that are not served by higher systems. Major collectors link these places with nearby towns and cities or with routes of higher classification.

Miniwarehouse: A building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for business or individuals. Miniwarehouse shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

Manufactured home park: A development owned and operated by a single owner where lots are leased to individuals or entities and which is designed and constructed to accommodate mobile homes and manufactured homes in accordance with the requirements of this ordinance.

Marginal access streets: Streets which are parallel to and adjacent to freeways, arterial streets, or collector streets and which provide access to abutting properties and protection from through traffic.

Masonry: Masonry is the building of structures from individual units laid in and bound together by mortar. Common materials of masonry construction are brick, stone, concrete block, glass block, and tile. Masonry is a highly durable form of construction because the materials used are not much affected by the elements.

Masonry materials: Masonry materials for which density bonus credit may be given include brick and stone. Cultured stone products may also qualify as a cladding material if the product authentically replicates the color, texture, and durability of real stone and must be approved by the building department.

Minor arterial streets: Arterials which link cities and towns and form an integrated network providing interstate and intercounty service. Minor arterials are spaced at proper intervals so that all developed areas of the state are within a reasonable distance from an arterial highway.

Minor collector streets: Streets which are located and spaced at intervals consistent with population density so as to collect traffic from local roads. They serve smaller communities and connect less developed areas with traffic corridors.

Mixed-use: A land use that includes two or more uses, typically commercial retail or services mixed with residential or offices. Uses may be mixed horizontally (side-by-side) or vertically in the same building. See "mixed-use building." Mixed-use developments and buildings may include different owners and tenants, but requires close and convenient interconnections of pedestrian and vehicular access and interconnection of parking areas, as well as unified site planning, signs, and architectural design.

Mixed-use building: A building housing two or more different uses, typically retail or services mixed with residential or offices. Residential portions of mixed-use buildings should have a separate entrance or entrances.

Net acre density: The net development acreage multiplied by the base density of a zoning district.

Net development acreage: The gross acreage of a development tract minus all acreage classified as 100-year floodplain, wetlands, habitat of endangered species, cemeteries or burial grounds, and areas characterized by a slope of 25 percent or greater over a contiguous area of 5,000 square feet or more to identify the net area of the development tract upon which a structure may be built.

Nonconforming use or structure: Any building, structure, or use of land lawful at the time of passage or amendment of this ordinance which does not conform, after the passage or amendment of this ordinance, with the regulations of the district in which it is located.

Nursing home: A home for the aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Open space or common open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.

Parking space, off-street: An off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in this ordinance.

Passive recreation: Passive recreational activities are a mix of uses conducted outdoors during an individual's leisure time that make use of open space, parks, lakes, rivers, and greenways set aside or developed for walking, hiking, running, jogging, bird-watching, horse riding, swimming, fishing, hunting, picnicking, biking, camping, and boating.

Peddler: A person who with no fixed place of business goes from house to house, from place to place, or from store to store conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers.

Pet: Any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter, except that livestock and wild animals shall not be deemed pets.

Planning staff: The professional planning staff of Coweta County, Georgia.

Primary conservation land:

(1)

Land lying within the 100-year floodplain as shown in maps published by the Federal Emergency Management Agency and the National Flood Insurance Agency or surveys of 100-year floodplain;

(2)

Stream buffers as required by article 21, stream corridor protection district;

(3)

Land characterized by a slope of 25 percent or greater over a contiguous area of 5,000 square feet or more;

(4)

Land that is classified as wetland by the U.S. Army Corps of Engineers under the Clean Water Act;

(5)

Land providing habitat for threatened or endangered species; and

(6)

Archeological sites including cemeteries and burial grounds.

Principal arterial: Arterials which serve statewide and interstate travel and provide an integrated, continuous statewide network that serves virtually all urbanized areas.

Principal permitted use: That use of a lot which is among the uses allowed as a matter of right under the zoning classifications.

Private deed restrictions or covenants: Private deed restrictions or covenants 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 county or other public agency.

Private wastewater spray irrigation field facility: A privately owned alternative wastewater treatment system used for collection and treatment in the collection of wastewater. A wastewater spray irrigation field facility shall meet the Development Standards for Design and Installation of Water and Sewer Systems, Coweta County, Georgia, as established by the Coweta County Board of Commissioners. Treatment and ultimate disposal of wastewater shall meet the "Criteria For Slow Rate Land Treatment and Urban Water Re-Use," technical guidance promulgated by the Environmental Protection Division authorized by O.C.G.A. 12-5-20 Georgia Water Quality Control Act and the Georgia Rules and Regulations for Water Quality Control Section 391-3-6-.06(4) which govern procedures necessary to gain State of Georgia approval for slow rate land treatment systems.

Produce stand: An open-air, pavilion type structure used for the sale of seasonal agricultural products such as fresh fruits and vegetables, nuts, flowers, pumpkins, firewood, and Christmas trees. Accessory sales of items such as jams, jellies, pickles, sauces, and baked goods made from the seasonal agricultural products may also be included. All items sold must comply with applicable state and federal regulations.

Public or community sanitary sewage treatment system: Any collection and treatment system, including pipelines or conduits, pumping stations, forced mains and all other construction devices, appliances, and all necessary facilities for providing the collection and treatment of sanitary sewage (See definition). A sanitary sewage collection system shall meet the Development Standards for Design and Installation of Water and Sewerage System, Coweta County, Georgia, as established by the Coweta County Board of Commissioners on October 15, 1991. Treatment and ultimate disposal of sanitary sewage shall meet the "Criteria for Slow Rate Land Treatment and Urban Water Re-Use," technical guidance promulgated by the Environmental Protection Division authorized by O.C.G.A. 12-5-20 Georgia Water Quality Control Act and the Georgia Rules and Regulations for Water Quality Control Section 391-3-6-.06(4) which govern procedures necessary to gain State of Georgia approval for slow rate land treatment systems.

Public utilities or public utility uses: A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.

Public water system: A water system, other than an individual well, for the public distribution of domestic water for human consumption, if such system has at least 15 service connections, or regularly serves an average of at least 25 individuals daily, at least 60 days out of the year, or otherwise defined as such by the rules for safe drinking water as regulated by the Georgia Environmental Protection Division, as established in Environmental Rule 391-3-5-.02 authorized by O.C.G.A. 12-5-20 Georgia Water Quality Control Act.

Public works department: The department comprised of the roads, bridges and construction division; the fleet maintenance and environmental management division; the engineering division; and the facilities management division.

Reclaimed water: Treated wastewater that meets preapplication treatment standards for domestic and municipal wastewaters. Wastewater treated to the restricted use standard may be reused on areas where no public access is allowed; the limited use standard permits reuse of treated wastewater areas with controlled public access; and the urban water reuse standard permits reuse of treated wastewater on areas with unlimited public access. The State of Georgia Department of Natural Resources, Environmental Protection Division has established these standards of treatment in "Criteria for Slow Rate Land Treatment and Urban Water Reuse", as amended.

Repair garage: A building or premises where general automobile repairs are performed, including, but not limited to, the repair of engines, transmissions, brakes, (or) automobile air conditioning, or other activity involving the removal, repair or replacement of automotive parts, but not including body shops as defined herein.

Residential density: Residential density is the ratio of dwelling units to acreage. There are four categories of residential density:

(1)

Low density—Detached single-family development with density of up to 0.625 units per acre. This classification includes undeveloped tracts, homestead lots, and subdivisions. Homestead lots of 1.6 acres must be served with public water and an individual septic system. Homestead lots of two acres or more must be served with either a well or public water and an individual septic system. Subdivisions with density of 0.4 units per acre must be served with well or public water and individual septic systems. Subdivisions with densities of up to 0.625 units per acre developed under the one acre cluster design must be served with public water and individual septic systems. Subdivisions with densities of up to 0.625 units per acre developed under the one-half acre cluster design must be served with public water and a decentralized wastewater treatment system owned and operated by Coweta County Water and Sewerage Authority.

(2)

Urban low density—Detached single-family development with density of more than 0.625 up to one unit per acre. Subdivisions must be served with public water and a decentralized wastewater treatment system owned and operated by Coweta County Water and Sewerage Authority. Urban low density development will occur where the density of development within the county has qualified the area for inclusion in the Atlanta Metropolitan Urbanized Area as determined by the US Bureau of the Census. Urban low density development will also occur along the fringes of the county's urban areas.

(3)

Medium density—Detached or attached single-family residential density of over one unit and up to four units per acre. This classification includes detached single-family development and attached single-family duplexes or fourplexes. Subdivisions will be served with public water and a centralized public sewer system. Medium density development will occur close to municipal boundaries or where there is access to a centralized public sewer system, and where high capacity thoroughfares are provided.

(4)

High density—Single-family and multifamily residential densities of above four units and up to 12 units per acre. This classification includes single-family detached and attached units, and multifamily units served with public water and centralized public sewer systems. High density residential development will occur close to municipal boundaries and along transportation corridors classified as high capacity thoroughfares.

Right-of-way: A strip of land over which a public road, an electric power line, railroad tracks or similar facility passes.

Roads, bridges and construction division: The division responsible for maintenance of County roadways, bridges, culverts, signs, signals, right of way, and construction of site, building, and special projects.

Sanitary sewage: The domestic wastewater-carried products or discharges or other wastes from residential, public or private buildings.

School or similar buses: Multipassenger vehicles having a wheelbase in excess of 130 inches or a length exceeding 144 inches.

Screening: The method of visually shielding or obscuring one abutting or nearby densely planted vegetation. Screening is designed to reduce the effects of objectionable or potentially objectionable uses and activities between incompatible uses. Breaks in screens shall be permitted to provide adequate ingress and egress as needed.

Septic wastewater facility (individual): A natural system or mechanical device used to collect, treat, and discharge or reclaim wastewater from an individual building site without the use of community-wide sewers or a centralized treatment facility. Also known as "on-site septic system".

Sewer wastewater facility (centralized): A collection and treatment system, owned and operated by a public utility, containing collection sewers and a centralized treatment facility. Centralized systems are used to collect and treat large volumes of wastewater. The collection system typically requires large-diameter deep pipes, major excavation, and frequent manhole access. At the treatment facility, the wastewater is treated to standards required for discharge to a surface water body. The large amounts of biosolids (sludge) generated in treatment are treated and either land-applied, placed on a surface disposal site, or incinerated.

Shelter, transitional housing: Any facility which provides shelter to persons who may not have access to traditional or permanent housing but are capable of living independently and who participate in appropriate counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing within a reasonable period of time, generally 180 days.

Shooting range, indoor: An indoor facility designed and specifically delineated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training such as law enforcement, or any combination of the above. Archery ranges are specifically excluded from this definition.

Shooting range, outdoor: An outdoor facility designed and specifically delineated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training such as law enforcement, or any combination of the above. Archery ranges are specifically excluded from this definition.

Shopping center: A group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores, planned, development, analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on-site parking in definite relationship to the types and sizes of stores. Shopping centers are classified by type, each distinctive in its own function.

(1)

Convenience shopping center: Provides for the sale of convenience goods (foods, drugs, sundries, etc.) and personal services (laundry, dry cleaning, barbering, etc.) for the day-to-day living needs of the immediate neighborhood.

(2)

Community shopping center: In addition to the convenience goods and personal services of the convenience center, provides a wider range for the sale of soft lines (apparel, etc.), hard lines (hardware and appliances), and includes eating facilities, making more depth of merchandise and services available. It is usually built around a large food store, a junior department store or variety store, which is the principal tenant.

(3)

Regional shopping center: Provides for general merchandise, apparel, furniture and home furnishings in full depth and variety. It is built with one or more full-line department stores as the focal point.

Sign: Any device designed to inform or attract the attention of persons. All signs shall comply with requirements of the Coweta County Sign Ordinance.

Specialty tourism lodging: A temporary sleeping accommodation offered to tourists, travelers, or guests situated in an historic and/or rural setting that provides sleeping and bathrooms with no other residential components which could create a residential unit. Examples, including, but not limited to, lodges, cabins, inns, and treehouse cottages.

Spray irrigation sewage (SIS) management system: An on-site sanitary sewage management system serving more than one building, business, industry or other facility designed or used for human occupancy or congregation. A spray irrigation system shall meet the criteria for slow rate land treatment and urban water reuse, as established by the Georgia Environmental Protection Division and permitted under the same authority.

Stable, private: A stable which is used to house horses, mules or other draught animals without compensation except for possible actual costs on a not-for-profit basis.

Stable, public: A stable other than a private stable which is used to house horses, mules or other draught animals on a pay-for-services, for-profit basis.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between the floor and the ceiling next above it, provided that a room, suite, or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations.

Street: A right-of-way for vehicular traffic whether designated as street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley, or otherwise. The definitions are intended to distinguish between different classifications of streets as indicated by the transportation plan for Coweta County.

Structural insulated panels (SIPS): Factory-fabricated panels of solid core insulation with structural skins of oriented strand board (OSB) or plywood.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include, but are not limited to site-built buildings, manufactured homes, mobile homes, gasoline pumps, walls, fences, billboards, signs, and satellite dish antennas.

Tea room: An owner-occupied single-family dwelling in which tea and other refreshments are offered for sale, generally during midday.

Townhouse: A type of dwelling that is one or more stories in height which has outside, individual front and rear entrances, is separated from other dwellings by fire-rated common party walls extending from the foundation to the roof decking, and is part of a contiguous group of at least two townhouses and shall be considered a multifamily structure.

Townhouse, fee simple: A townhouse unit, as defined above, that has the common wall or walls between it and the adjoining townhouse unit or units as its property line or lines between that unit or those units, that has individual meters for all utilities, and that has access to a public street, and meets the standards described herein.

Toxic: Any chemical or substance defined as "toxic" by the U.S. Environmental Protection Agency and/or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources.

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

Trailer (travel): A nonmotorized vehicle, pulled by an automobile or truck designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively.

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 that is not a mobile home.

Urban water reuse spray area: Urban water reuse spray areas are areas with unlimited public access. Such places as golf courses, residential and commercial landscaped areas, parks, athletic fields, roadway medians and other similar places may be urban reuse spray areas. Highly treated wastewater may be safe to use for fire protection and for such aesthetic purposes as landscape impoundments and fountains.

Use: The purpose or purposes for which land or a building is designed, arranged, or intended, or to [for] which said land or building is occupied, maintained or leased.

Variance: A variance is a relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Visual screen: Physical obstruction used to separate two areas from view.

Wall, load-bearing: A wall supporting any vertical load in addition to its own weight: ceiling joist, rafters, roof-bracing, etc.

Wall, non-load-bearing: A wall which does not support vertical loads other than its own weight.

Water and sewerage authority: The Coweta County Water and Sewerage Authority as formed and appointed by the board of commissioners, and the employees assigned to manage the water and sanitary sewer resources of the county.

Xeriscape: A set of garden design and landscape maintenance principles that promotes the efficient use of water (term is a registered trademark of the National Xeriscape Council).

Yard: A required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses and for shrubs and fences.

Yard, front: A yard extending across the full width of the lot and situated between the front lot line and the principal building line projected to the side of the lot, the depth of which shall be the least horizontal distance between the front lot line and the building line.

Yard, rear: A yard extending across the full width of the lot between the rearmost line of the principal building projected to the side lines of the lot and the rear lot line, the depth of which shall be the least horizontal distance between the rear line of the principal building and the rear lot line. In all cases the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side: A yard between the principal building and the side lot line, extending from the front yard to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the principal buildings.

Zoning and development ordinance: The Zoning and Development Ordinance of Coweta County, Georgia, as amended, and as identified within Article 1 of this ordinance.

Zoning, building and licensing division: The county departments responsible for administering the zoning ordinance, including the review and approval of sign permits; the review of variance, conditional use, and special use, and rezoning requests; the review, permitting and inspections of all residential, commercial and industrial structures; and, the issuance of business license and alcohol permits.

Zoning map: The "Zoning District Maps of Coweta County, Georgia."

(Ord. No. 032-07, 10-11-07; Ord. No. 035-08, 11-18-08; Ord. No. 045-09, 12-15-09; Ord. No. 046-09, 12-15-09; Ord. No. 022-10, 7-20-10; Ord. No. 036-10, 10-5-10; Ord. No. 009-11, 6-21-11; Ord. No. 019-11, 8-18-2011; Ord. No. 003-15, 1-22-15; Ord. No. 010-15, 3-17-15; Ord. No. 011-16, 4-12-16; Ord. No. 001-20, 1-7-20; Ord. No. 021-20, 5-19-20; Ord. No. 011-22, 5-3-22)

Sec. 31.1. - Reserved.

Editor's note— Ord. No. 001-20, adopted Jan. 7, 2020, repealed App. A, § 31.1, which pertained to definitions of telecommunications antennas and towers and derived from the original Code.

Sec. 31.2. - Reserved.

Editor's note— Ord. No. 001-20, adopted Jan. 7, 2020, repealed App. A, § 31.2, which pertained to definitions of verbiage within a flood hazard district and derived from Ord. No. 028-13, adopted Sept. 17, 2013.