5.1

Word usage. In the interpretation of this ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular number shall include the plural number and words in the plural number shall include the singular number.

C.

The word "shall" is mandatory.

D.

The word "may" is permissive.

F.[E.]

The word "person" includes individuals, firms, corporations, associations, trusts, and other similar entities.

G.[F.]

The word "county" shall mean the Unified Government of Cusseta-Chattahoochee County, Georgia.

H.[G.]

The words "governing body" refer to the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia.

I.[H.]

The words "planning commission" refer to the Cusseta-Chattahoochee County Planning Commission.

5.2

Definitions. When used in this ordinance, the following terms shall have the meanings herein ascribed to them in this section. Terms not herein defined shall have their customary dictionary definitions where not inconsistent with the context.

Abutting or adjacent land. Any land owned by another person(s) or legal entity(ies) which is contiguous to land involved in a zoning change. Any abutting or adjacent land is considered to abut if there is a common boundary line; or if it is separated by lands owned by a municipal corporation, lands owned by the County of Chattahoochee, or by lands owned by the state, or by the definite width of any street, road or highway, any creek or river, or any right-of-way of a railroad or other public service corporation.

Accessory building. A structure, designed for the shelter or enclosure of persons, animals or property of any kind that is customarily associated with, incidental and subordinate to the principal building on the lot. An example may be detached garage, shed.

Accessory structure. Any combination of materials that have a permanent location on the ground that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. An accessory building is a type of accessory structure but an accessory structure in not necessarily a building. Examples of non-building accessory structures include a fence, air conditioning units, play equipment, and decorative yard ornaments.

Agriculture oragricultural. The bona fide use of a parcel of land of twenty acres or more for the cultivation of land, raising of poultry or livestock or similar agrarian activity for gain or profit and the related buildings, structures, and appurtenances necessary to carry out the aforementioned activities.

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

Aquifer. Any stratum (rock layer) or zone of rock beneath the surface of the earth capable of containing or producing water from an excavated or drilled well.

Bed and breakfast. A dwelling unit in which room(s) or lodging unit (or units) and continental breakfast service only is provided to guest clients, for lengths of stay ranging from one night to seasonal, by owner of the principal structure.

Boarding house. A building where, for compensation, lodging and/or meals are provided for not more than ten persons.

Buffer. A buffer is a strip of land which separates two or more zoning districts by the use of shrubs and trees which will form an opaque barrier of a prescribed width and be at least six feet in height within three years of planting.

Building setback line. A line establishing the minimum allowable distance between the nearest portion of any building, excluding steps, porches, gutters, and similar fixtures, and the property line measured perpendicular thereto.

Commercial outdoor recreation development (CORD). A development of at least five acres or more that encompasses active and/or passive outdoor recreational activities.

Comprehensive plan. A composite of the joint Chattahoochee County/City of Cusseta Comprehensive Plan, all accompanying maps, charts, explanatory materials, together with all amendments thereto, adopted by the Chattahoochee County/Cusseta Planning Commission and the Chattahoochee County Board of Commissioners and the Cusseta City Council.

CORD. Is the acronym for a commercial outdoor recreation development district. A CORD district may be located in any zoning district with prior approval by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia.

County engineer. An engineer, licensed and registered in [the State of] Georgia, to perform the duties of county engineer as therein specified.

District. Any section or sections of the county for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform.

Dwelling, attached. Three or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls from ground to roof; also referred to as a townhouse.

Dwelling, multi-family. A dwelling unit contained in a building composed of three or more dwelling units. Also referred to as an apartment.

Dwelling, semi-detached. Two dwelling units, each of which is attached side to side, each one sharing only one common wall with the other; also referred to as duplex when placed on a single lot or a townhouse when each is on a lot.

Dwelling, single-family detached. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit.

Dwelling, site-built. A dwelling unit constructed entirely on the site on which it will be located with materials brought to the site in unfinished form.

Dwelling unit. A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking, sleeping and sanitary facilities.

Easement. A grant by the property owner for use, by the public or a person, of a strip of land for specified reasons.

Final plat. A complete and exact subdivision plan prepared for official recordation as required herein.

Floating zone. A zoning technique under which the county adopts a zoning district in the text of the zoning ordinance but it is not placed on the official zoning map. The county reserves the mapping decision until a developer makes an application to have the floating zone applied to his property. Each floating zone will have density and site development standards.

Flood plain. The area or low land adjacent to the channel of a river, stream, watercourse, lake or other water body that is susceptible to periodic inundation. (The Chattahoochee County Flood Plain Ordinance restricts development in the 100-year flood plain, which refers to the land which would be inundated by a flood resulting from a storm that has the mathematical probability of being equaled or exceeded in any year (or one percent chance).

Grandfathered rights. [Grandfathered rights] describes the status accorded certain properties, uses, and activities that are legally existing prior to the date of adoption of the zoning ordinance or provisions of the zoning ordinance. Grandfathered rights allow the owner of the property to continue a legally nonconforming use under the provisions contained in the zoning ordinance pertaining to nonconforming uses. For example, but not necessarily limited to the following:

If your house or mobile home is currently on a lot that does not meet the acreage requirements of this ordinance, you can 1) still build onto your house; 2) replace your mobile home with a new one; 3) remove your mobile home and build a house. If you own land that is currently recorded as a lot of record in the courthouse but it does not meet the acreage requirements of this document, you can still build on the lot.

Groundwater recharge area. The land area where the water that eventually seeps down into an aquifer first enters the ground as mapped on the Most Significant Groundwater Recharge Areas of Georgia and the Georgia Pollution Susceptibility Map.

Group home. A dwelling unit which is used to provide assisted community living for persons with physical, mental, emotional, familial or social difficulties. A group home must comply with all state and federal regulations applying to such facilities.

Hazardous waste. Any waste product which has been defined as a hazardous waste in regulations, promulgated by the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 CFR section 261.3 [40 CFR 261].

Home occupation. Any use conducted entirely within a dwelling by the residents thereof, which is secondary to the use of the dwelling for residence purposes (see section 11.11 Customary home occupations for other requirements).

Hotel. Any building containing principally sleeping rooms in which transient guests are lodged with or without meals, with no provision made for cooking in any individual room or suite. For structural and safety purposes, such buildings must conform to state laws regulating hotels.

Industrialized building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof, and bearing the approved insignia of the commissioner of community affairs, Georgia Department of Community Affairs.

Lot. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or lease to, or separate use of, another, or for development. The word "lot" includes, but is not limited to, the words "plot" or "parcel".

Lot area. The horizontal area contained within the boundary lines of a lot measured in square feet or acres.

Lot, corner. A lot abutting two or more streets at their intersection.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot, double frontage. A lot that has frontage on two nonintersecting streets and which is accessible from both of the streets upon which it fronts.

Lot frontage. Lot width measured at the street lot line(s), being the length of the property line of any one premises along each legally accessible public right-or-way it borders.

Lot line. A line bounding a lot which divides one lot from another or from a street or any other public or private space.

Lot line, front. That lot line along which the lot takes primary access to a street.

Lot line, rear. That lot line which is most distant from the front lot line of a lot or, in the case of an irregular lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. Any lot recorded in the office of the clerk of superior court which at the time of its recordation complied with all applicable laws, ordinances and regulations.

Lot remnant. A portion of land below the minimum lot size as prescribed for the zoning district in which it is located.

Lot width. The mean horizontal distance between the side lot lines measured parallel to the front and rear lot lines at the building line. In the case of only one side lot line, lot width shall be measured between such lot line and the opposite lot line or future right-of-way line.

Manufactured home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401, et seq. The definition at the date of adoption of this part is as follows:

Manufactured home means a structure (manufactured after June 15, 1976), 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 and complies with the standards established under this title.

Mobile homes. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein and manufactured prior to June 15, 1976.

Modular building. An industrialized building which bears the insignia of approval issued by the commissioner of the Georgia Department of Community Affairs.

Motel. A building or group of buildings containing guest rooms and having a separate outside entrance for each guest room. To be used primarily for automobile transients and including such terms as "auto court" and "motor lodge" but not "boarding house" as defined in this section.

Nonconforming use. A building, structure or use of land existing at the time of enactment of this ordinance and which does not conform to the regulations of the zoning district in which it is situated.

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

Planned unit development (PUD). A planned unit development is a large, unified development of ten acres or more adhering to a comprehensive development plan and located on a single tract of land, or on two or more tracts of land which may be separated only by a street or other right-of-way, whose approval would serve to implement the plans of Cusseta-Chattahoochee County.

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

Pollution susceptibility map(s). Maps prepared by the Georgia Department of Natural Resources (NDR) that show the relative susceptibility of groundwater to pollution. Pollution susceptibility maps categorize the land areas of the state into areas of high, medium and low groundwater pollution potential.

Public utility orutilities. A service or services provided by a public utility company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.

Restaurant. A public eating place where meals are provided for compensation, including, but not limited to, cafeteria, dining room, coffee shop, lunchroom and tea room.

Right-of-way. Access over or across particularly described property for a specific purpose or purposes.

Right-of-way line. The outside boundary of a right-of-way, whether such right-of-way be established by usage, recorded easement, deed, dedication or by the official right-of-way map of Chattahoochee County.

Road. See definitions of "Street," "Highway," "Road."

Rooming house. A building where, for compensation, lodging only is provided for not more than ten persons.

Significant groundwater recharge areas. Areas mapped by [the] DNR in [the] Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology (chemical nature and form of the rock), soil type and thickness, slope, density of lithologic contacts, geologic structure, presence of karst topography (sinkholes, caves and fissures associated with limestone and other carbonate rocks), and potentiometric surfaces.

Street. A way for vehicular traffic whether designated as a street, highway, thoroughfare, road, avenue, boulevard, lane, place, or however otherwise designated. Streets are classified as follows:

Street, arterial. A road or street that accommodates a high volume of traffic. Access may be limited and signalization may be used to maximize traffic flow. Highest order of street classification. Receives collector streets.

Street, connector. A street connecting major state and U.S. highway systems running throughout the country and primarily a means of interconnection between this system and smaller areas.

Street, cul-de-sac. A street intersecting another street at one end and permanently terminated by vehicular turn-around at the other.

Street, dead-end. A street having no outlet at one end.

Street, highway, road. A road or street that forms a part of the existing or projected federal aid highway system or the state or county highway system.

Street, local. A street, the principal purpose of which is to provide vehicular access from properties abutting it to collector streets.

Street, major collector. A highway or street of considerable continuity which is primarily a traffic artery for interconnection among large areas designed to carry heavy volumes of traffic.

Street, minor collector. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting streets.

Street, parallel access. A service street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting property and provides control of access to the major street.

Street centerline. That line surveyed and monumented or accepted by Cusseta-Chattahoochee County as the centerline of the street; or in the event no centerline has been so determined, that line running midway between and generally parallel to the direction of the outside right-of-way lines of the street.

Structure. Anything constructed or erected that requires location on the ground or attached to something having a location on the ground, to include, among other things, buildings, towers, monuments, statues; but not to include telephone and other utilities poles, overhead wires, retaining walls and terrace walls, wire fences or any other thing less than three feet in height.

Subdivision. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for the purpose, whether immediate or future, of sale or building development. The following shall not be considered a subdivision within the meaning of this ordinance:

(a)

Divisions of two or more lots where each lot has a minimum of five acres and a minimum of 200 feet of government permissible, accessible road frontage on an existing public road, if no new streets are created and the resultant lots meet the standards of the Chattahoochee County Zoning Ordinance;

(b)

Divisions of property by testamentary or intestate provisions;

(c)

Divisions of property upon court order, including but not limited to judgments of foreclosure;

(d)

Consolidation of existing lots by deed or other recorded instrument; and

(e)

Divisions of property owned by multiple owners where the property is to be deeded individually to several owners and otherwise complies with the provisions of the ordinance.

Subdivision, exempt. Any division of land not classified as a subdivision.

Subdivisions, major. Any subdivision not classified as a minor subdivision.

Subdivisions, minor. The following shall be deemed minor subdivisions:

(a)

Any subdivisions or resubdivisions which will not involve the construction of any new streets, publicly developed drainageways, or the extension of public utilities, and is not in conflict with the Chattahoochee County Comprehensive Plan, these regulations, the county subdivision regulations, or other applicable regulations as officially adopted.

(b)

Where a building exists on each proposed lot, tract, parcel, site or plot of land in the subdivision, provided that the owner certifies on the plat that all such existing buildings were constructed prior to the adoption of these regulations and that such plat is submitted to the planning commission for a full staff review which shall be noted on the plat.

(c)

Where the combination or recombination of portions of previously platted lots where the total number of lots, tracts, parcels, sites, or plots of land is not increased and the resultant lots, tracts, parcels, sites, or plots of land are equal to the standards of this ordinance, the subdivision regulations, or applicable regulations or ordinances as officially adopted by the county.

Substandard lot. Any lot in a zoning district permitting construction of single-family dwellings which was on record in the Office of the Clerk of the Superior Court of Chattahoochee County at the time of the adoption of this ordinance, and which does not meet the minimum requirements of this ordinance for lot, (See section 12.4 Substandard Lots, for further explanation).

Use. The specific purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained.

Use, accessory. A use that is 1) subordinate to and serves a principal structure or use; 2) subordinate in area, extent and purpose to the principal structure or use; 3) located on the same lot as the principal structure or use except as expressly authorized by this ordinance; and 4) customarily incidental to the principal structure or use.

Use, conditional. A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to approval by the planning commission, and subject to special requirements, different from those usual requirements for the district in which it may be located.

Use, principal. The specific primary use for which land or any building thereon is used.

Use, temporary. Any use established, for a fixed period of time, without construction or alteration of a permanent structure, with the intent to discontinue such use upon expiration of such time.

Variance. A modification of the strict terms of zoning regulation granted by the Cusseta-Chattahoochee County Planning Commission where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any action on the part of the property owner, a literal enforcement of this resolution would result in unnecessary and undue hardship provided, however, that no variance shall be granted which shall authorize a land use not otherwise permitted in a particular district.

Wetlands. Areas that are flooded or saturated by surface or groundwater often and long enough to grow vegetation adapted for life in water-saturated soil, as mapped by the U.S. Fish and Wildlife Service National Wetlands Inventory (NWI).

Yard. A required open space on the same lot with a principal building, and which is unoccupied, and unobstructed by buildings or structures from the ground to the sky, except where encroachments and accessory buildings are expressly permitted.

Yard, front. The full width of the lot between the street right-of-way and the front building line.

Yard, rear. The full width of the lot between the rear line of the lot and the rear of a building.

Yard, side. The space between the building and the side line of the lot exclusive of front and rear yard.

Zone. [The term "zone"] is a district within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts.

Zoning condition. Any stipulation made by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia as part of a zoning decision affecting property which imposes a requirement on the use or development of property which is different from the use or development regulations set forth in the zoning district to which the property is being rezoned. By way of example, but not as a limitation, such zoning conditions may relate to the use, density, construction materials, architectural style and design, location of structures, and buffers.

Zoning decision. Final action by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia which results in:

a)

The adoption of a zoning ordinance;

b)

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or

c)

The adoption of an amendment to the zoning ordinance which rezones property from one zoning district to another;

d)

The approval of a conditional use.

(U.G. Ord. No. 2013-1, 5-14-2013)