Except as specifically described herein, all words shall have their customary dictionary meanings. Words used in the present tense include the future tense, and words used in the future tense include the present. Words used in the singular number include the plural and words used in the plural include the singular. The word "person" includes a firm, corporation, association, organization, trust, partnership, company, or individual. The word "lot" includes "plot" or "parcel." The word "building" includes "structure." The word "may" is permissive, while the word "shall" is always mandatory. The word "should" expresses what is probable or expected. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designated to be used or occupied." The term "zoning map" means the "Official Zoning Map of McDuffie County." The term "land use map" means the "McDuffie County Future Land Use Map" as contained in the adopted McDuffie County Comprehensive Plan. Doubt as to the precise meaning of any word used in these regulations shall be clarified by the development code administrator and/or the planning commission (board).

(Ord. of 3-23-99, Art. II, § 1)

When used in this chapter, the following words and phrases shall have the meaning given in this section:

Accessory building means a detached structure designed for the use of which is clearly incidental to and subordinate to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Accessory use means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Adult bookstore means 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 five percent of its total floor space, devoted to the sale or display of such materials or five percent of its net sales consisting of printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Agriculture means The raising of soil crops, livestock, fish, fowl, and commercial timber in a customary manner on tracts of land at least three acres in size, including all associated activities. Retail selling of products rained on the premises is permitted provided that space necessary for the parking of customer's vehicles is provided off of the public right-of-way.

Airport: means an area of land or water including any related buildings and structures used for the purpose of serving landing and departing aircraft, including helicopter, sailplanes, etc.

Alley means a public way dedicated to and accepted by a governing body, providing a secondary means of access to abutting properties within a block.

Alternative tower structure shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures.

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

Automobile service station means any area of land, including any buildings or structures thereon, that is used to dispense motor vehicle fuels, oils, and accessories at retail, and where repair service is incidental and no storage or parking space is offered for rent.

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

Biomedical waste facility means any land or structure used for the final disposal, treatment, incineration, or storage of biomedical wastes as defined in O.C.G.A. § 12-8-22, as amended, whether or not they are mixed with or include other wastes allowed under Subtitle D of the Resource Conservation and Recovery Act of 1976, as amended.

Block means a series of adjoining lots or a parcel of land entirely surrounded by public highways or streets, other than alleys or driveways.

Board of commissioners means the board of commissioners of McDuffie County.

Boardinghouse means a building other than a hotel or motel where lodging is provided for compensation in durations of one week or more and for more than two but less than 20 persons within two or more rooms that, individually or collectively, do not constitute separate dwelling units.

Buffer means a dense planting of shrubs and trees established and maintained to a height of not less than six feet on a strip of land separating property uses from neighboring uses. Also includes areas along the course of any state waters that are required to be maintained in an undisturbed and natural condition.

Building means any structure attached to the ground and intended to provide shelter or housing for, or enclosure of persons, animals, plants, or chattels. Also, see "structure."

Building, alteration of means any change in the supporting members of a building (such as bearing walls, beams, columns, and girders) except such change as may be required for its safety; and addition to a building; any change in use resulting from moving a building from one location to another.

Building, height of means the vertical distance from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the mean height level between the eaves and ridge for gable, hip, and gambrel roofs, and to the deck line for mansard roofs.

Building line means the line beyond which the foundation wall or any enclosed or covered porch, vestibule, or other enclosed or covered portion of a building shall not project. The building lines for a property define the area within which a building may be constructed in compliance with all applicable setbacks.

Building, principal means the primary building on a lot or a building that houses the principal use on a lot.

Building, retail means a commercial establishment that generally sells commodities or services in varying quantities to the ultimate consumer. These commodities or services are primarily for the use of the purchaser.

Business, wholesale means a commercial establishment that generally sells commodities or service in large quantities or by piece to retailers, contractors, other wholesale businesses, or manufacturing establishments. These commodities or services are mainly for resale, for use in the fabrication of a product, or for use by a retail service.

Camper means a transient, non-motorized mobile recreational residence for temporary use only containing not more than 320 square feet of floor area and not more than eight feet in width

Campground means any lot which may be rented for the temporary staging and occupation of two or more recreational vehicles or tents for a period of less than 30 consecutive days in any calendar year.

Change of use means the discontinuance of an established land use and substitution of a use of a different kind, class, or nature in compliance with these regulations. Change of use does not include a change of tenants or proprietors, unless accompanied by a change in the type of use.

Church, club, or lodge means building within which or land upon which organized religious, fraternal, recreational, social, or educational meetings are conducted on a regular, not-for-profit basis. Fraternal organizations must demonstrate that they have received recognition and sanction from a parent group or organization. A private club must demonstrate that its membership is limited by either:

(1)

The use and operation of an amateur athletic facility including, but not limited to, golf courses, tennis courts, shooting ranges, or swimming pools; or

(2)

Residency in a particular subdivision, condominium, apartment project, dormitory, or other residential development.

Clinic means a nonresidential establishment where patients are examined, diagnosed, and/or treated on an outpatient basis by licensed physicians, psychologists, psychiatrists, dentists, or chiropractors. No overnight accommodations.

Cluster development means a residential subdivision within which individual lot sizes have been reduced to permit the creation of common open space maintained by a homeowner's association for the residents of the subdivision.

Community sewer system means a privately owned sewage treatment system that complies with the minimum standards set by the Environmental Protection Division of the Georgia Department of Natural Resources.

Community shopping center means a shopping facility comprised of primarily retail enterprises usually housing a major chain department or variety store, or a supermarket as the principal tenant or anchor. Such a facility is intended to serve a population area of 5,000 or more. The minimum gross floor area for this type of center shall be 50,001, and the maximum gross floor area shall be 349,999.

Community water system means a privately owned water system that complies with the minimum standards set by the Environmental Protection of the Georgia Department of Natural Resources.

Comprehensive plan means the "Joint McDuffie County, City of Thomson, City of Dearing Comprehensive Plan: 2015," as amended.

Conditional zoning means the imposition of conditions in the granting of a change in zoning classification which are in addition to, or different from, the regulations set forth in this zoning ordinance, and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding land uses. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property and infrastructure serving the property.

Condominium means a form of individual ownership of a unit combined with joint ownership of common areas of the building and grounds in a development as provided in the Georgia Condominium Act.

Construction, actual means the commencement and continuous, uninterrupted construction for the purpose of permanent placement and fastening of materials to the land or structure for which a permit required pursuant to this chapter has been issued for the same purposes. Construction includes filling, grading, the installation of drainage facilities, and the substantial demolition, clearing, excavation, or removal of an existing structure preparatory to new construction, provided that work shall be reasonably continuous until completion of the approved construction.

Construction trailer means a manufactured home or industrialized building used by the general or subcontractor(s) for the temporary administrative use only during construction.

Convenience store means a retail store containing less than 2,000 square feet of gross floor area entirely in one story of a building that is designed and stocked to sell primarily food, beverages, sundries, and other grocery items to customers who purchase goods to satisfy special immediate needs (often characterized by impulse buying), as opposed to a "supermarket," which provides a wider range of goods which are intended to satisfy the full daily grocery needs of its customers. A convenience store is designed to attract and depends upon a large volume of stop and go traffic.

Conventional construction means a dwelling unit constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with the Standard Building Code or the Southern Building Code (SBCCI), and meeting the following development standards:

(1)

The home has a minimum width in excess of 16 feet.

(2)

The pitch of the dwelling unit's roof has a minimum vertical rise of four feet for each 12 feet of horizontal run.

(3)

Structure is placed upon and permanent masonry foundation, unbroken except for foundation vents and a foundation entry door.

(4)

A unit of construction constructed outside the boundaries of McDuffie County may not be brought into McDuffie County and used as a dwelling if such home was constructed more that five years from the date the application is requested.

Cottage industry means an accessory business use which is conducted within an "outside" accessory building of the permanent dwelling unit of the business owner. All cottage industries shall comply with the relevant standards contained in article VI, section 44-103 of these regulations. Similar to garage or shop "industries."

Day care facility means a service business operated by a person, society, agency, corporation, institution, or any other group which receives for pay six or more children or adults for group care, without transfer of custody, for more than four hours and less than 24 hours per day, and in which meals are served.

Developable land area means that portion of a lot which does not consist of surface waters, wetlands as delineated on the National Wetland Inventory maps for McDuffie County (prepared by the U.S. Fish and Wildlife Service), slopes in excess of 25 percent, areas reserved for stormwater retention or detention, special flood hazard areas (as delineated by the Federal Emergency Management Agency), or other areas dedicated for public improvements, and/or common use (Also see definition for "net density").

Development, planned means for the purpose of signage, a planned development is a development of a single parcel of property to contain a number of businesses, such as an office park, strip shopping center, industrial park, and the like. Each such business, industry, office, etc. shall occupy its own designated space wholly independent and separate from any other adjoining business, industry, office, etc.

Division (of land) means any division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, or building development, involving a new street or a physical change in existing streets. This is term commonly interchanged with the term "subdivision."

Duplex. See: Dwelling, duplex below.

Dwelling means a building designed or used for permanent living quarters for one or more families.

Dwelling, duplex means a building designed for, or occupied exclusively by two families living independently and characterized by a structure with a common party/fire wall separating the two residential units.

Dwelling, multifamily means a building designed for, or occupied exclusively by, three or more families living independently.

Dwelling, single-family (detached) means a permanently sited building occupied or designed to be occupied exclusively by one family, not including dwellings defined herein as mobile homes or single-family attached dwellings.

Dwelling, single-family attached means one of a series of two or more single-family dwelling units on separate lots or in condominium ownership, which are joined at one or more points by one or more common walls or other common facilities, not including the walls of an enclosed courtyard or similar area.

Dwelling unit means a dwelling or portion thereof providing complete living facilities for one family.

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Embellishment(s) means a structural protrusion or addition to or from a sign face or frame generally for the purpose of adding a visual dimensional image to the sign or sign face.

Employee means any person who works in a business establishment, including the business proprietor, owner, or partner, whether paid or unpaid, full-time or part-time.

Escort bureau/introduction services means any business, agency or persons who, for a fee, commission, hire, reward or profit, furnished or offer to furnish names of persons, or who introduce, furnish or arrange 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.

FAA shall mean the Federal Aviation Administration.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodginghouse, or hotel, as herein defined. A family may consist of not more than five individuals who are unrelated by blood, marriage, or adoption.

Farm means any plot or tract of land devoted to uses in agriculture, forestry, horticulture, or the raising of livestock, poultry, or small animals as a source of income.

FCC shall mean the Federal Communications Commission.

Flag lot means an interior lot located to the rear of another lot, but with a narrow portion or extension of the lot extending and providing access to a public right-of-way.

Flood means a general or temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; or

(2)

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

Floodplain or floodprone area means any land area susceptible to being inundated by water from any source (see definition of "flood").

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.

Frontage means the distance along which the front boundary line of a lot coincides with a public street right-of-way.

Future land use map means the future land use map for the unincorporated areas of McDuffie County as contained in the comprehensive plan. Also referred to as the land use map.

General zoning district means a section of the unincorporated areas of McDuffie County as established by this chapter within which the zoning regulations are uniform.

Governing authority shall mean the McDuffie County Board of Commissioners.

Grandfathered towers and antennas means shall have the meaning set forth in article VI, section 44-104 of this chapter.

Gross floor area means the total area of a building measured by taking the outside dimensions of the building roofline at each floor level. The gross floor area of a building shall not be interpreted to include: attic space providing headroom for less than seven feet; unusable basement, cellar, or crawl space; uncovered steps or fire escapes; open porches, decks, or patios; accessory water or cooling towers; accessory off-street parking spaces; and accessory off-street loading berths.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes shall not be considered a habitable floor.

Hazardous materials means any explosive, corrosive, flammable, toxic, or carcinogenic material, chemical, or substance that poses a serious threat to human health or welfare. Such substances do not include common household products and cleansers which may, by their nature, include or constitute hazardous materials, as long as they are used exclusively for their intended purpose and are not stored in quantities that are excessive for common residential use.

Hazardous waste means any material, chemical, or substance which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. This definition includes all solid wastes defined as "hazardous wastes" by the Board of Natural Resources under Chapter 391-3-11 of the "Rules of Georgia Department of Natural Resources, Environmental Protection Division (as amended).

Heavy industry means an existing or proposed industrial use, operation, or process which creates excessive noise, odor, smoke, or dust, or that may possess other objectionable characteristics which may be detrimental to, or incompatible with, surrounding properties and neighborhoods.

Height shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Home occupation means an accessory business use conducted entirely within a minor portion of a dwelling by the occupants thereof. Home occupations shall comply with the relevant standards contained in article VI, section 44-103 of these regulations.

Hotel/motel means a building, or portion thereof, or a group of buildings, which provides sleeping accommodations in six or more separate units or rooms for transients on a daily, weekly, or similar short-term basis. Where such establishment is permitted as a primary use, all uses customarily accessory thereto for the comfort, accommodation, and entertainment of patrons, including restaurants, but not including bars, taverns, and nightclubs unless specifically permitted, shall be permitted.

Impervious surface means any area of land where the surface has been compacted to 98 percent or more, or has been covered with a layer of material (asphalt, concrete, brick, or a structure containing a solid roof, floor, pad, or foundation) that is similarly resistant to permeation by water.

Industrialized building means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site, and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.

Industrialized housing means a factory fabricated dwelling or commercial unit built in one or more sections designed to fit together on a permanent foundation but which usually does not originally have wheels for movements and which is constructed in accordance with the Georgia Industrialized Building Act and which bears the seal of approval issued by the Commissioner of Community Affairs and meeting the following standards. (Also see "modular home.")

(1)

The home has a minimum width in excess of 16 feet.

(2)

The pitch of the home's roof has a minimum vertical rise of three feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional residential construction.

(3)

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.

(4)

A masonry, mortared curtain wall (skirting), unpierced except for required ventilation and access, is installed so that it encloses the area located under the home to the ground level. Such a wall must have a minimum thickness of four inches.

(5)

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

(6)

Landings shall be installed prior to occupancy of the requisite composition and size as per Section 312 of the "CABO (Congress of Building Officials) One and Two Family Dwelling," with said provisions being expressly incorporated by reference therein as part of this requirement.

(7)

An industrialized home, if constructed outside the boundaries of McDuffie County may be brought into McDuffie County and used as a dwelling if such home was constructed seven or less years from the date of application for permits. If constructed between eight and 12 years from the date of permit application, the industrialized home may be brought into McDuffie County provided the structure has been certified to be suitable for habitation. The requirements for certification shall be in a manner and on forms specified by the McDuffie County Planning Commission.

Junkyard means a lot, parcel of land, structure, or part thereof, used primarily for the collection, storage, and/or sale of wastepaper, rags, scrap metal, or other salvaged materials, motorized or nonmotorized items or discarded material, or for the assembly, collecting, dismantling or storage of same, or the salvaging of machinery or motor vehicles not in running condition, or for the sale of parts thereof.

Junked vehicle means a vehicle not in operating condition or not registered, which has been parked or stored upon the same lot or parcel for a period of 15 days or more.

Kennel means an establishment, other than an animal shelter, where dogs or cats or other domestic animals are maintained for boarding, holding, training, or similar purposes for a fee or compensation.

Land development means the division of a parcel or lot of record into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill; and any change in the use of any building or other structure or land, or extension of the use of land.

Landfill means an area of land on which or an excavation within which solid waste is placed for disposal and which is not a land application unit, surface impoundment, injection well, or compost pile.

Light industry means any industrial business or operation that does not satisfy the definition of a heavy industry contained in this chapter.

Lot means a parcel of land which satisfies the applicable area and dimensional requirements for the general zoning district within which it is located, or upon which exists a legal nonconforming use or structure and which has frontage along or legal access to a public street, and is intended as a unit for transfer of ownership or for land development. A recorded lot shall have a separate tax parcel reference number designated in the office of the county tax commissioner and/or the county tax assessor.

Manufactured home, class A means a dwelling unit fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the Federal Manufactured Home and Standards Act 42, U.S.C. 5401-5445 (i.e. constructed to the HUD Code which became effective on June 15, 1976), and meeting the following development standards:

(1)

The home has a minimum width in excess of 16 feet.

(2)

The pitch of the home's roof has a minimum vertical rise of three feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional residential construction.

(3)

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.

(4)

A masonry, mortared curtain wall (skirting), unpierced except for required ventilation and access, and installed so that it encloses the area located under the home to the ground level. Such a wall must have a minimum thickness of four inches.

(5)

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

(6)

Landings shall be installed prior to occupancy of the requisite composition and size as per Section 312 of the "CABO (Congress of Building Officials) One and Two Family Dwelling Code," with said provisions being expressly incorporated by reference therein as part of this requirement.

(7)

An industrialized home, if constructed outside the boundaries of McDuffie County may be brought into McDuffie County and used as a dwelling if such home was constructed seven or less years from the date of application for permits. If constructed between eight and 12 years from the date of permit application, the manufactured home may be brought into McDuffie County provided the structure has been certified to be suitable for habitation. The requirements for certification shall be in a manner and on forms specified by the McDuffie County Planning Commission.

(8)

The home may not be brought in McDuffie County and used as a dwelling if such home was constructed more than five years from the date of permit application.

(9)

Manufactured homes may not be used for any other purpose or use other than the residential use originally designed and approved by HUD.

Manufactured home, class B means a dwelling unit fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with Federal Manufactured Home Construction and Safety Standards Act 42 U.S.C. 5401-5445 (i.e. constructed to the HUD Code, which become effective on June 15, 1976), but does not satisfy the criteria necessary to qualify the unit as a class A manufactured home.

(1)

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.

(2)

A vinyl curtain wall (skirting), unpierced except for required ventilation and access, and installed so that it encloses the area located under the home to the ground level may.

(3)

Landings shall be installed prior to occupancy, and of the requisite composition and size as per Section 312 of the "CABO (Congress of Building Officials) One and Two Family Dwelling," with said provisions being expressly incorporated by reference therein as part of this requirement.

(4)

The manufactured home must be installed in accordance with the O.C.G.A. §§ 8-2-160 et seq. and 8-2-130 et seq., poured concrete footers may not be required.

(5)

Manufactured homes may not be used for any other purpose or use other than the residential use originally designed and approved by HUD.

Manufactured home, class C means any manufactured home that does not meet the definition criteria of a class A or class B manufactured home and not constructed to the HUD Code. Generally, these units were constructed prior to June 15, 1976. All manufactured homes must be installed in accordance with the O.C.G.A. §§ 8-2-160 et seq. and 8-2-130 et seq. Class C manufactured homes must meet the construction standards specified in ANSI A119.1. Compliance may be determined by any of the following procedures:

(1)

For class C manufactured homes which are proposed to be located within McDuffie County, the home may be brought into McDuffie County provided the structure has been certified to be suitable for habitation. The requirements for certification shall be in a manner and on forms specified by the McDuffie County Planning Commission.

(2)

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.

(3)

A vinyl curtain wall (skirting), unpierced except for required ventilation and access, and installed so that it encloses the area located under the home to the ground level may be required.

(4)

Landings shall be installed prior to occupancy of the requisite composition and size as per Section 312 of the "CABO (Congress of Building Officials) One and Two Family Dwelling," with said provisions being expressly incorporated by reference therein as part of this requirement.

(5)

The manufactured homes must be installed in accordance with O.C.G.A. §§ 8-2-160 et seq. and §§ 8-2-130 et seq. Poured concrete footers may not be required.

(6)

Manufactured homes may not be used for any other purpose or use other than the residential use originally designed and approved by HUD.

Manufactured home park means any lot where manufactured homes are customarily parked for a longer period of time than 30 days for living or sleeping purposes, or where spaces are set aside and offered for rent for use by manufactured homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of manufactured homes on such premises. Manufactured home parks must comply with the specific requirements for such parks as delineated in article VI, section 44-102.

Minor (as applied in this chapter) means any person who has not attained the age of 18 years.

Modular home means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation resulting in a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code or the Georgia Industrialized Building Act. Such structures are generally characterized as having wood floor joists, transported to the site on a flatbed trailer, placed by crane on an unbroken perimeter foundation and perimeter footing.

Motel. See definition of "hotel."

Neighborhood shopping center means a shopping facility comprised primarily of retail and service enterprises selling or providing standard convenience goods and services. Such a facility is intended to serve immediately adjacent residential neighborhoods. The maximum gross floor area for this scale of development shall be 40,000 square feet.

Net density means an expression of a common measure indicating the ratio of the total developable land area of a proposed development project divided by the number of buildable lots or residential dwelling units. Total developable land area is the total land area of the proposed development site, less land dedicated for public improvements, areas of common use, or areas of sensitive natural resources.

Nonconforming use/structure means a structure or use of land legally existing at the time of the enactment of this chapter or at the time of a zoning amendment and which does not conform with the applicable regulations of the general zoning district in which it is located.

Nursing home means a facility which admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains patient services and facilities for receipt of skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home; it otherwise complies with the rules and regulations of the appropriate state department which regulates nursing homes.

O.C.G.A. means the Official Code of Georgia Annotated.

Open space means a yard area which is not used for or occupied by a dwelling, driveway, off-street parking lot, loading space, drying yard, or refuse storage space.

Overlay zoning district means a special zoning district that is superimposed over one or more general zoning districts to create an additional set of requirements that must be satisfied by all land development activities in order to protect certain special resources.

Personal care home means a use in which domiciliary care is provided with support and supervisory personnel that provide room and board, personal care and rehabilitation services in a family environment for resident handicapped persons, who have physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment. However, handicapped shall not include:

(1)

The current illegal use of, or addiction to either alcohol or controlled substance;

(2)

Any person whose residency may constitute a direct threat to the health or safety of other individuals or whose tendency would result in substantial physical damage to the property of others;

(3)

Work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration; or

(4)

Persons who are otherwise not deemed to be handicapped as that term is defined under the Fair Housing Act, 42 U.S.C.A. § 3601 et seq.

Personal care home, congregate means a personal care home which offers care to 16 or more persons.

Personal care home, family means a personal care home in a family-type residence, noninstitutional in character and appearance, which offers care to two to six persons.

Personal care home, group means a personal care home in a residence or other type of building or buildings, noninstitutional in character, which offers care to seven to 15 persons.

Planned development means an area of land controlled by a landowner, to be developed as a single entity for a number of dwelling units, and commercial and industrial uses, if any, the plan for which does not correspond in lot size, bulk, or type of dwelling or commercial or industrial use, density lot coverage and required open space to the regulations established in any one or more districts created under this chapter. A planned development may be designated as a residential subdivision, or a planned unit development (PUD), as applicable to this chapter, and described in article VII.

Planned unit development means a planned unit development (PUD) is a type of land use planning option which is intended to provide a more flexible approach to permitting planned developments on a larger scale. Within the context of this chapter, four types of PUD options are permitted: a) cluster residential subdivisions; b) zero-side yard residential subdivisions; c) mixed use developments; and, d) planned business centers.

Planning commission means the McDuffie County Planning Commission. Generally, this term is used in the context of this chapter to reference the planning commission office and/or staff of the office. Whereas, the authoritative body empowered to make land use recommendations and decisions is generally referred to in this chapter as the planning commission board.

Planning commission board. See definition above for "planning commission."

Plat means a land survey drawing by a state certified land surveyor showing the layout of a proposed development site or subdivision indicating the location and boundaries of properties and the proposed land development activities.

Principal use means a general classification of land use shown on the zoning map which is permitted by right, subject to the requirements of the applicable general zoning district.

Professional. When used in connection with "use," "office," and "occupancy," a use or occupancy by persons generally engaged in rendering personal, executive, or administrative services or activities, including but not limited to accountants, architects, engineers, land surveyors, doctors, lawyers, insurance offices, real estate offices, religious organizations, stockbrokers, and administrative agencies considered professional in character. Occupations that are considered professional in nature typically are represented by national organizations which promulgate ethical codes and standards of conduct for persons employed in that trade. These national organizations also provide a forum for exchange of ideas and may issue licenses for persons practicing the professional trade. This term does not include repairs or sales of tangible personal property stored or located on the premises or any use which would create any loud noise, noxious odors, hazardous wastes, or air emissions.

Recreational vehicle (travel trailer or RV) means a motorized vehicular portable structure designed as a temporary dwelling, containing not more than 320 square feet of floor area and not more than eight feet in width.

Regional shopping center means one or more commercial structures and associated lands designed as a unit that contains at least 350,000 net square feet of floor area or will accommodate at least 30 retail and/or service establishments, one or more of which caters to a broad consumer market and serves as a market "anchor" for the other businesses in the center. Such a facility is intended to primarily serve the residents of McDuffie County and surrounding counties.

Residential child care facility means an institution, society, agency, or facility providing full-time care for children outside of their own homes, including temporary shelters or other facilities for children and their families or portions thereof. This term shall include "child-caring institutions," as defined in the Georgia Children and Youth Act (Ga. Code 49-5-1), but shall not include foster family homes.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

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

Sign, ground means a sign that is anchored to the ground and is wholly independent of a building for support. Freestanding signs are included in this definition, as are signs on poles, frames, or other mounting structures other than buildings.

Sign, monument-style means a sign permanently constructed, not on a pole, but rather with a base dressed with brick, stone stucco, or other permanent material (excluding wood), designed to be placed at the entrance to a residential subdivision, industrial or commercial development. The sign base shall be at least two feet high, two feet thick and four feet long and shall be covered in brick, stone, stucco, or similar permanent materials (excluding wood), with the sign resting on the base.

Sign, portable means signs which are attached to vehicles, trailers, movable structures, or attached to sign structures which are not permanently anchored into the ground, or any sign which may be transported, or is designed to be transported. Such signs include, but are not limited to, "A" and "T" type, sidewalk, sandwich, trailer signs, curb-type signs, banners, or other commercial advertisements attached to vehicles and trailers. Inflatable figures and objects (e.g., creatures, beer cans) fall into the category.

Sign, public purpose and safety means a sign erected by a municipal, county, state or federal governmental agency or office in furtherance of official business, public purposes, or public safety.

Sign face: single means any advertising sign having a single face or board for advertising display. Such sign is positioned so that the display face is parallel to the public thoroughfare.

Sign face: double means any advertising sign having two separate or independent faces or boards for advertising display. Such double face signs shall have the advertising boards facing in opposite or nearly opposite directions and positioned so that the display faces are perpendicular to the public thoroughfare.

Sign, weekend means a sign permitted to be erected after 1:00 p.m. on a Friday and taken down by 11:59 p.m. the following Sunday. Such signs are subject to the regulations of this section.

Sign, window means a sign adhered to the interior or exterior of a see through window. Such sign must be supported by the window glass or window frame.

On-site means the use of an advertising structure (see above) for the display of a message, product, or service being offered at the same location as the site of the advertising structure.

Off-site means the use of an advertising structure (see above) for the display of a message, product, or service being offered not at the same location as the site of the advertising structure.

Site-built. See "Conventional construction."

Solid waste means any solid refuse materials generated by residential, commercial, industrial, or institutional uses for disposal.

Solid waste facility means any land or structure used for the long-term disposal, storage, transfer, collection, treatment, utilization, processing, incineration, or any combination thereof, of solid waste. This definition shall include inert waste landfills, private industry landfills, municipal solid waste landfills, composting facilities, medical waste or biomedical incinerators, and hazardous waste treatment, storage, or disposal facilities.

Special exception means a use permitted upon approval by the board of commissioners; a review and recommendation by the planning commission to the board of commissioners first being necessary because the provisions of this chapter covering conditions precedent or subsequent are not precise enough to all applications without interpretation and such review and exception is provided for by this chapter. A special exception is not a variance. Rather, it is a land use that can be made compatible with a principal use under certain standards and conditions.

Street means a dedicated and accepted public right-of-way which has been improved to provide a principal means of motor vehicle access to abutting properties.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground. The term structure shall refer specifically to a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Subdivider means any person who undertakes the division or subdivision of land as herein defined.

Subdivision means any division of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, or building development, involving a new street or a physical change in existing streets.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. When used in the context of the Flood Hazard Area Overlay District, substantial improvement is considered to occur when first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which are solely necessary to assure safe living conditions; or (b) any alteration of a structure listed on the National Register of Historic Places.

Tenant house means a single-family residential dwelling which is leased by a private farming entity for migrant, or other agricultural workers for the purpose of providing temporary housing where agricultural labor is in demand.

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

Transmission tower means a structure situated on a site that is intended for transmitting or receiving telecommunications signals, including, but not limited to, television, radio, and telephone signals.

Travel trailer park means any lot on which are temporarily parked two or more travel trailers for a period of less than 30 days.

Variance means a request for and/or the granting of relief from any of the dimensional requirements of the land development code. Requests for variances include, but are not limited to a request for reduced setbacks, reduced road frontage, reduced minimum lot size, reduced number of parking spaces.

Variance handicapped means a request for relief from the one structure per lot requirement of this chapter as a result of the necessity to allow a second structure on a single lot due to the handicapped status of one of the residents, and the requirement of continual personal oversight and care by the occupants of the second residence.

Yard means a space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear means an open space on the same lot with the main building, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side means an open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required the rear boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension.

Zoning decision means the final legislative action by the board of commissioners which results in: (a) the adoption of a zoning ordinance; (b) the adoption of an amendment to a zoning ordinance which changes the text or map of the zoning ordinance; (c) the adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or, (d) the grant or denial of a special exception or variance.

(Ord. of 3-23-99, Art. II, § 2; Mo. of 5-18-99; Ord. of 12-18-01, Art. II, § 2)