For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the county, the board of commissioners of the county hereby ordains and enacts into law the articles and sections set forth in this chapter.

(Code 1992, ch. 20, art. I; Ord. No. 2010-11, § 1, 12-9-2010)

This chapter shall be known and cited as "The Zoning Ordinance of Fayette County, Georgia."

(Code 1992, ch. 20, art. II; Ord. No. 2010-11, § 1, 12-9-2010)

Words and terms not explicitly defined in this chapter shall have the meaning given by common and ordinary use as defined in Webster's New Collegiate Dictionary. The term "shall" is always mandatory while the term "may" is merely discretionary. The following specific definitions shall apply:

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

Acquisition of property for a public purpose means the acquisition of property by an entity with the power of eminent domain.

Acre, gross, means a measure of land equal to 43,560 square feet.

Acre, net, means a gross acre less: street rights-of-way, both public and private; all land located within the 100-year floodplain; all water/stormwater impoundments; and all lands proposed to be dedicated to a governing authority.

Adult day care facility means adult day care facilities shall include any building, or portion thereof, used to house four or more adults requiring care, maintenance, and supervision for part of a day.

Agriculture means the raising of soil crops, including forestry and landscape planting materials, and/or livestock in a customary manner on lots of land at least five acres in size, including all associated activities.

Aircraft means any machine, whether heavier or lighter than air, used or designated for navigation of, or flight in the air.

Aircraft hangar means a fully enclosed structure with operational doors designed to store aircraft and the associated equipment or supplies needed for the operation and maintenance of the aircraft.

Aircraft landing area means areas designed for safe landing and departures, including runways and heliports.

Airplane means a fixed-winged aircraft that is supported in flight by dynamic reaction of the air against its wings.

Alteration means any construction or renovation to an existing structure, other than repair.

Amphitheater means an open-air facility primarily used for entertainment purposes, commonly with tiers of seats facing a performance stage.

Animal means either a domestic dog (Canis familiaris) or domestic cat (Felis catus) This term shall not include livestock or household pets (see Household pet, see Livestock).

Animal, wild, includes any species or family or breed (including hybrids) of wild animals listed by the Georgia Department of Natural Resources (DNR) as being wild per O.C.G.A. title 27, ch. 5 (O.C.G.A. § 27-5-1 et seq.).

Antenna means a device used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas.

Apiary means a place where honeybees and beehives are kept. (Adopted 7-28-2011)

Aquaculture means the hatching, raising, and breeding of fish and/or aquatic plants for food or fiber.

Art and/or crafts studio means an establishment where an artist's works are created and sold, where pieces by various artists are displayed for sale in a gallery, where customers purchase then create their own works (canvas, pottery, glass pieces, sculpture, etc.), a studio with classes and/or an art supply store.

Artist studio means a structure accommodating the practice of the full spectrum of the arts including, but not limited to: fine arts, visual arts, and performing arts.

Athletic facility means an area designated for athletic activity.

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

Auxiliary structure means a structure which is allowed incidental and secondary to a residence.

Bakery means an establishment engaged in the preparation and production of baked goods for sale and consumption both on and off the premises.

Banquet hall/event facility, means a facility which is rented by individuals or groups to accommodate private functions including, but not limited to: banquets, parties, meetings, weddings and/or wedding receptions, anniversaries, and other similar assemblies.

Basement means that portion of a building that is partially or completely below grade as defined and regulated in the International Residential Code.

Bed and breakfast inn, A-R, means a bed and breakfast inn allowed as a conditional use in the A-R zoning district.

Beehive means a structure intended for the housing of bees.

Boat house means a structure built in or over a waterway to house a boat.

Breezeway means a roofed, open-sided or screened passageway connecting two structures, such as a house and a garage.

Buffer means a portion of a lot which is set aside to provide a separation of uses from abutting lots.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure for any person, animal, livestock, process, equipment, goods or property of any kind.

Building height means the vertical distance of a building measured from the median height of the basement level or crawl space to the midpoint of the highest roof. The midpoint shall be measured from the ceiling joist of the highest floor level or from where the truss rests on the highest wall for open roof structures. For structures constructed without a basement or crawl space, the measurement will be taken beginning at the ground floor level. (See also section 110-75, Structures Permitted above the Height Limit.)

Building line, front, means a line running parallel to the street which touches the nearest point of the principal structure to the street.

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

Cabana/pool house means an open, partially, or totally enclosed structure used in conjunction with a pool or lake/pond, commonly containing a changing area, and/or seating area, and/or a restroom.

Campground facilities means any lot where two or more recreational vehicles and/or tents (which are normally associated with outdoor camping) are parked and/or erected for short-term occupancy.

Card, gift, and/or stationery shop means an establishment which sells products such as greeting cards, wrapping paper, photo albums, picture frames, items that are suitable as gifts or souvenirs, desktop office products, paper, calendars, pencils, pens, briefcases, and art/graphic supplies.

Care home means a convalescent center, nursing home, rest home, home for the aged, assisted living facility, or similar use established and operated on a profit or nonprofit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill, or convalescent persons.

Carport, attached, means a roofed, open-sided motor vehicle shelter, formed by extension of a roof from a building in a residential zoning district.

Carport, detached, means a roofed, open-sided motor vehicle shelter.

Cemetery means a burial ground.

Cemetery or burial ground, legal nonconforming, means an existing cemetery or burial ground established before the effective date of November 13, 1980, or subsequent amendments which fail to comply with the provisions herein. These cemeteries or burial grounds could be active, inactive, or abandoned.

Check cashing means an establishment that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose.

Child care facility means an agency, organization, or individual providing care for four or more children not related by blood or marriage or not the legal wards of the attendant adult and would include those providers that offer pre-primary, pre-K, and/or kindergarten instruction.

Child care, in-home, means a custodial care business, conducted as a home occupation in a residential dwelling, where not more than three children, not related to the operator, are received for temporary care during the day only, whether for compensation, reward, or otherwise, and in full compliance with all applicable state requirements and/or certifications. The children of the owner are not included in the count.

Church or other place of worship means a building used for public worship, including, but not limited to: temple, synagogue, pagoda, shrine, cathedral, tabernacle, and mosque/masjid.

Clapboard siding means a siding with horizontal boards or the appearance of horizontal boards.

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

Club or lodge, private, means all incorporated or unincorporated associations for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of the members and not open to the general public.

Common area means any part of a development that is not part of a building lot and is designated for the common usage of the development. (See Open space.)

Convenience commercial establishment means an establishment that primarily stocks a range of groceries, snack foods, freshly-prepared foods for on and off-site consumption, and beverages, and may also provide household items, toiletries, tobacco products, newspapers, and the sale of fuel.

Convenience store means a small retail establishment that offers convenience goods for sale, such as prepackaged food items, beverages, tobacco, personal care items, and other household goods.

County engineer means the official to whom the responsibilities normally associated with this title has been delegated.

Copy and/or print shop means an establishment engaged in duplicating and printing services to individuals and businesses.

Cornice means a projecting feature surrounding the upper portion of a structure, dividing it horizontally for compositional purposes.

Covered patio or covered deck, detached, means an open or partially enclosed structure consisting of a roof with supporting posts/columns commonly containing a seating/dining area, and/or outdoor kitchen, and/or spa/hot tub.

Cultural facility means a facility for social, intellectual, artistic and/or scientific exposition such as museums, performing arts theaters, botanical gardens, and zoological parks.

Curb cut means the point at which vehicular access is provided to a lot from an adjoining street.

Day spa means an establishment offering massage therapy performed by a licensed massage therapist pursuant to Georgia Massage Therapy Practice Act (O.C.G.A. § 43-24A-1 et seq.) that in addition may also offer beauty care, body treatments, and the retail sales of related products.

Daylight hours means that period of time beginning 30 minutes before sunrise and ending 30 minutes after sunset.

Deer processing facility means a facility where deer is processed into various cuts of venison.

Density means the number of dwelling units per net acre.

Density, high, means high density is defined as more than four dwelling units per net acre.

Density, low, means low density is one dwelling unit or fewer per two net acres.

Density, medium, means medium density is one to three dwelling units per net acre.

Dog pen/run means, for the purposes of Section 110-79, pertaining to "Residential accessory structures and their uses," an outside open air enclosure, consisting of 400 square feet or less of space per animal, used for the purpose of containing animals.

Drive-in means a retail or service enterprise wherein service is provided to customers who remain in their vehicles.

Drive-through means an opening in the wall of a building or structure designed and intended to be used to provide service to customers who remain in their vehicles.

Drive-up facility means a structure or device designed and intended to provide service to customers who remain in their vehicles.

Drug abuse treatment facility means a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency staffed by professional and/or paraprofessional persons offering treatment and/or therapeutic programs for drug-dependent persons who are housed on the premises for the course of treatment. A drug abuse treatment facility must also be approved and licensed by the Georgia Department of Community Health.

Dwelling means a building or portion of a building, designed for, or occupied for residential purposes constituting a residence.

Dwelling, multifamily, means a dwelling designed for three or more families living independently of each other.

Dwelling, single-family, means a detached dwelling designed for a single family.

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

Dwelling, two-family, means a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dwelling unit means any building which contains living facilities, including provisions for sleeping, eating, and sanitation for not more than one family.

Educational/instructional facility means a specialized training establishment.

FAA means the federal aviation administration.

Facility means the area established to serve a particular use or purpose.

Family means one or more persons occupying a single dwelling unit, provided that all persons are related by blood or marriage, or are lawful wards, and shall also include a group of persons, not exceeding four, living and cooking together as a single, nonprofit housekeeping unit. The members of said group need not be related by blood or marriage or be lawful wards, where said group is occupying a single dwelling unit.

Farm means a lot devoted to the raising of agricultural products and/or livestock.

FCC means the Federal Communications Commission.

Fence means structures made of posts, columns, boards, wire, pickets, wrought iron, or rails.

Financial institution means any trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, federal association, investment company or other business association, which is chartered under federal or state law, solicits, receives or accepts money or its equivalent on deposit and loans money as a regular business.

Floor area, accessory structure, means the sum of the horizontal areas of several floors of the structure under roof, excluding any space where the floor-to-ceiling height is less than six feet.

Floor area, principal structure, means the area of a dwelling exclusive of unheated space shall be measured from the face of the exterior walls. Unheated space shall include, but not be limited to: attic, basement, garage, carport, patios, and open porches.

Footprint means the area of the foundation upon which a structure or building sits and would include the area beneath a supported or cantilevered lean-to attached to the structure or building.

Foundation means an in-ground masonry or poured concrete support for a structure.

Front door means the main entrance to a residence or building which is normally oriented to a street.

Funeral services means the observances, services, or ceremonies held for dead human bodies and includes any service relating to the transportation, embalming, cremation, observances, and interment of a dead human body.

Gazebo means a freestanding, circular roofed structure open on all sides, but enclosed by a railing, and used for outdoor seating in residential zoning districts.

Governing authority means the county board of commissioners.

Greenhouse, temporary means a structure constructed with a metal, plastic or wood framing (bent in a half round or hoop shape in the case of a hoop house), with a plastic sheet or cloth covering that is not mounted on a foundation and used for the purpose of growing or storing plants.

Greenhouse, permanent means a structure typically constructed with wood or metal framing and covered by glass or Plexiglas that is mounted on a foundation used for the purpose of growing or storing plants.

Grocery store means a retail establishment which primarily sells food and household goods, but is substantially larger and carries a broader range of merchandise than a convenience store.

Guestroom means a room occupied or intended, arranged or designed for occupancy by one or more occupants and used for that purpose and where overnight occupancy is allowed.

Helicopter means a rotary winged aircraft that depends principally upon the lift generated by one or more engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.

Heliport means an area of land, water, or structure used for the sole purpose of landing and takeoff of helicopters.

Hobby breeder means a breeder of animals who sells less than 30 animals per year.

Home occupation means an occupation operated within a dwelling by residents of the dwelling.

Horse quarters means a structure used to house horses in the residential zoning districts.

Horse stable means a structure used to house and/or board horses in an A-R zoning district.

Hospital means any institution receiving in-patients, providing a staffed 24-hour emergency care facility, and authorized under the state law to render medical, surgical, and/or obstetrical care. The term "hospital" includes a sanitarium, with an approved certificate of need (CON) from the state health planning agency, for the treatment and care of various forms of mental illness, but shall not include office facilities for the private practice of medicine, dentistry or psychiatry.

Hotel means a building in which overnight accommodations are provided to the public and the innkeeper. The term "hotel" includes the terms "bed and breakfast inn" and "motel".

Household pet means a household pet shall include rodent pets, such as gerbils, hamsters, mice, rats, and guinea pigs; small mammal pets such as rabbits, hares, and ferrets; avian pets, such as canaries, parakeets, and parrots; reptile pets, such as turtles, lizards and snakes; and aquatic pets, such as tropical fish and frogs that is customarily kept for personal use or enjoyment primarily within a principal residence.

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 on a nonresidential 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.

Junk/auto grave yard means property used for outdoor storage, keeping, abandonment, sale or resale of junk, including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Junked automobile. (See Vehicle, abandoned.)

Kennel means an establishment for the boarding, breeding and/or sale of animals for commercial gain that may in addition provide grooming and/or training services, and a pet rescue operation where the animals are primarily housed or kept outside of the principal residence in accessory structures, pens, or enclosures. A hobby breeder, as defined herein, shall not be considered a kennel.

Kindergarten. (See School, private.)

Landscape areas means a maintained area of grass and/or ornamental planting materials.

Livestock means animals including, but not limited to: horses, cattle, goats, sheep, pigs, potbellied pigs, chickens, ducks, geese, mules, rabbits, emu/ostrich, buffalo, chinchilla, fox, mink or other fur-bearing animal, and llamas. This term shall be deemed to specifically exclude animals (See Animal and Household pet.)

Loading space means space logically and conveniently located for pickup and delivery service, scaled to the vehicles expected to be used, and accessible to such vehicles at all times.

Lot means a tract of land of varying size which is designated as a single unit of property.

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

Lot depth, means the distance between the front and rear lot lines.

Lot, flag, means a lot shaped like a flag on a pole with the pole portion of the lot fronting on a street and the flag portion being where the lot width is met.

Lot, interior, means a lot which has frontage on only one street.

Lot, landlocked, means a lot having no frontage on a street.

Lot, through, means a lot, other than a corner lot, having frontage on more than one street.

Lot width means the required width of a lot as specified by a zoning district.

Lot width, minimum, means the minimum distance between side lot lines either measured in a straight line parallel to the street right-of-way or tangent and perpendicular to the mid-point of the right-of-way in the case of the turn around portion of a cul-de-sac along the front minimum building line (see graphic).

Lot of record means an area designated as a separate and distinct lot of land on a recorded subdivision plat approved in accordance with chapter 104, article XV subdivision regulations, or in a legally recorded deed.

Mail services store means an establishment that provides packaging and mail services (both U.S. Postal and private service), provides mailboxes for lease and retail sale of office and stationery products.

Manufactured home park means any lot where two or more manufactured homes are installed for living purposes, including any land or structure used by occupants of manufactured homes on such premises.

Manufactured home space means a plot of ground within a manufactured home park designed to accommodate a single manufactured home.

Manufactured housing means a structure, transportable in one or more sections, which, in the traveling mode, is 320 or more square feet and which is built on a permanent chassis and is 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. For the purposes of this chapter, the term "mobile home" means "manufactured housing" or "manufactured home."

Massage therapy means massage therapy performed by a licensed massage therapist pursuant to the Georgia Massage Therapy Practice Act (O.C.G.A. § 43-24A-1 et seq.).

Mini-storage facility means storage facilities which are leased to the public.

Motel. (See Hotel.)

Mullion means a heavy vertical or horizontal divider between windows and/or doors.

Muntin means a narrow strip that divides or gives the appearance of individual panes of glass in a traditional sash.

Museum means a permanent institution in the service of society and of its development, open to the public, which acquires, conserves, researches, communicates, and exhibits the tangible and intangible heritage of humanity and its environment, for the purpose of education, study, and enjoyment.

Nonconformance, illegal, means a lot, use, building, or structure established after the effective date of November 13, 1980, or subsequent amendments which fail to comply with the provisions herein.

Nonconformance, legal, means a legally existing lot, use, building or structure which fails to comply with the provisions herein, as of the effective date of November 13, 1980, or as the result of subsequent amendments, or due to the acquisition of property for a public purpose, a rezoning, or a variance.

Nonemergency medical transport service means a service licensed by the state under O.C.G.A. title 31, ch. 11, arts. 1—4 (O.C.G.A. § 31-11-1 et seq.) as applicable and as administered by the department of human resources providing prearranged non-emergency medical transport.

Open space means land within and related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate. (See Common area.)

Overlay zone means a zone that imposes a set of requirements in addition to those set out by the underlying zoning district.

Parapet wall means a wall at the edge of a roof.

Parking garage/lot means a structure, lot or any portion thereof which is open to the public in which one or more vehicles are housed or kept, not intending exhibition or showroom or storage or cars for sale.

Parking space means an area for off-street motor vehicle parking.

Pavilion means a freestanding roofed structure generally supported by poles and open on the sides with a permanent foundation that is used for picnic/social gatherings.

Pay-day loan agency means an establishment providing loans to individuals in exchange for personal checks as collateral.

Pawn establishment means any business that loans money on deposit of personal property and/or a title of ownership.

Pet rescue means a nonprofit organization or individual providing temporary welfare, protection, and humane treatment of animals while searching for permanent adoptive homes.

Pet store means a retail establishment engaged in the sale of household pets and/or associated accessories and supplies, and may in addition provide grooming and/or training services.

Planning commission means the commission to which the responsibilities associated with the planning commission has been delegated.

Playhouse means a small house-like structure designed for children to play in.

Pole barn means a large structure consisting of a roof supported by poles for the storage of farm products, feed, or the housing of farm animals or farm equipment, in agricultural zoning districts.

Pool house. (See Cabana/pool house.)

Porte cochere means an extension of the roof projecting over a driveway at an entrance of a building and sheltering those getting in or out of vehicles; also called a carriage porch.

Principal structure front means the wall/plane of the principal structure in which the front door is located.

Public utility facility means a location of or for public utilities, such as an electric substation or a location where a business organization (as an electric company) performing a public service and subject to special governmental regulation and the public service commission.

Public water facilities means mains and service lines owned and operated by the county water system, or, when approved by the county commissioners, a private water system operating under the direct supervision of the department of natural resources.

Recycling facility means a facility engaged in the collection, separation, storage and processing (baling, compacting, grinding, or shredding) of household and office type recyclable materials only (aluminum and tin cans, cardboard, glass containers, magazines, newspaper, paper, plastic containers and telephone books) to facilitate the shipment of such materials to an industrial end-user.

Runway safety area means a cleared, drained, graded, and stable area symmetrically located about the runway, the dimensions of which include the runway width, and which is suitable for an airplane to overrun should it accidentally veer off the pavement.

Sales, garage/yard, includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "moving sale," or "estate sale."

School, private, means an elementary (kindergarten thru sixth grade that may, in conjunction, provide pre-primary and pre-K instruction), middle or high school, supported with private funds, providing a curriculum that meets state board of education requirements, including schools serving school age children with special needs.

School, trade/vocational. (See Educational/institutional facility.)

Service area means a designated space, generally out-of-doors, utilized for utility areas, storage and pickup, and for the delivery of goods and services to any building or land use.

Setback means a required open space on a lot that is left unoccupied by structures and facilities, except as otherwise permitted herein.

Sewer system, central sanitary, means collection of sanitary sewage via a pipe network, transportation to a common collection point and treatment to required department of natural resources criteria prior to release.

Shooting range, indoor, means an indoor facility for the safe shooting of firearms, including both facilities which are open to the general public or open only to private membership.

Shooting range, outdoor, means an outdoor facility for the safe shooting of firearms, including both facilities which are open to the general public or open only to private membership.

Smoking lounge means an establishment dedicated, in whole or in part, to the sale and/or smoking of legal substances, including but not limited to, establishments known commonly as cigar stores/lounges, hookah lounges, tobacco clubs, etc.

Solar farm means any lot where more than three ground-mounted solar panels exceeding 200 cumulative square feet, or where more than 900 cumulative square feet of ground-mounted solar panels are located.

Solar panel means a device consisting of an array of connected solar cells or photovoltaic cells that convert solar energy (light from the sun) into heat or electricity.

Soundstage means a room or building used for the shooting of film and video content.

Special event means a temporary, short-term event commonly held by a religious, educational, or community organization or a promotional event to attract attention to a place of business.

Split zoning means a lot divided by more than one zoning district.

Stadium, athletic, means an open-air facility, primarily for the viewing of athletic events, usually with tiers of seats rising around a field or court.

Story means the portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it.

Street means a public or private thoroughfare or road, often paved, used for vehicular access to other streets and/or properties. Streets may be:

(1)

Owned and operated/maintained by the county (i.e., those within a public right-of-way);

(2)

Privately owned but open for public use and maintained by the county (i.e., those within a prescriptive easement); or

(3)

Privately owned and maintained (i.e., a private road) public streets are designated by type on the county thoroughfare plan.

Street, access, means a street that provides for access to lots.

Street, private, means a street used for access that is not owned or maintained by a governmental agency such as the county, a municipality, the state or federal government.

Street, public, means a street that is used for travel by the general public, that is owned or maintained by a governmental agency such as the county, a municipality, the state or federal government.

Structure means a combination of materials assembled for use or occupancy, whether installed on, above, or below the surface of land or water. For the purposes of this chapter, structures include, but not limited to: buildings, manufactured homes, towers, recreational courts, and swimming pools, but do not include driveways, signs, septic systems, walls, or fences.

Subdivision means all divisions of a lot or land into a minimum of two or more lots.

Swimming pool screened enclosure means a structure or part thereof, in whole or in part, self-supporting and having walls of insect screening and a roof of insect screening, commonly made of plastic, aluminum, or similar lightweight material.

Taxi service means a service that offers transportation in passenger vehicles to persons in return for remuneration. This does not include charter motor coach service.

Thoroughfare, major, means a street designated on the thoroughfare plan as a major arterial, minor arterial, proposed minor arterial, collector, and proposed collector.

Thoroughfare, minor, means a street designated on the thoroughfare plan as a county local or internal local.

Tot lot means an improved and equipped play area which may consist of swings, slides, sandboxes, climbing apparatus, and/or benches for small children, usually up to elementary school age.

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

Tower facility means the area containing a tower, antennas, all accessory equipment cabinets or buildings, and required security fencing, excluding tower anchors. (Amended 5-26-2011)

Tower height means when referring to a tower or tower facilities, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna (see building height.)

Tower, planned, means any tower that is in the public hearing procedure, site application review process, site plan revision process, or has been approved, but not yet constructed (see article V of this chapter).

Tower structure, alternative, means tower structures designed to diminish, camouflage, or conceal the appearance of antennas or towers including: monopine (man-made pine trees), free standing clock towers, and bell towers, light poles, flag poles, internal antenna towers (a/k/a "slick stick") including cylindrical unicells and/or similar alternative design tower structures.

Towers and antennas, pre-existing, means any tower or antenna permitted prior to December 10, 1998.

Townhouse. (See Dwelling, townhouse.)

Trailer, temporary means a vehicle designed for towing, not intended for use as a dwelling, and restricted to such uses as a construction office/storage facility, real estate sales office, and operations office or classrooms pending construction of a permanent facility.

Training center means a facility used for business or professional conferences, seminars, and training programs.

Training facility, indoor, means a structure used for indoor training.

Transom means a horizontal opening over a door or window.

Tutoring means the provision of instruction.

Uses, conditional, means those uses that are allowed in a particular zoning district, but only under certain specified conditions.

Uses, permitted, means those uses that are allowed in a particular zoning district as a matter of right.

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

Variance means a modification of the terms of this chapter granted by the zoning board of appeals in accordance with criteria as set forth herein.

Vehicle, abandoned, means a vehicle which does not bear a license plate with a current decal affixed thereto, if required, unless said vehicle is stored within a completely enclosed building, stored on a permitted auto sales lot and is in satisfactory operating condition, or stored at a junk yard and/or auto grave yard (see article V of this chapter).

Vehicle/boat sales means a business establishment primarily involved in the sale and incidental repair of automobiles, trucks, farm equipment, heavy construction equipment, motorcycles, ATVs, boats/watercraft, recreational vehicles or utility trailers, or other vehicles, excluding manufactured homes.

Vehicle, business, means any vehicle used for business purposes, whether or not the owner is a private or governmental entity, except that school buses shall be excluded.

Vehicle, passenger, means a wheeled motor vehicle for transporting passengers which is designed to run primarily on roads, principally for the transport of people rather than goods, and shall exclude a charter motor coach.

Vehicle, recreational, means a self-propelled or towed vehicle used as a temporary dwelling for travel and recreational purposes.

Walkway means a passage to provide walking access, such as walks, paths, and steps.

Wall means structures made of masonry or concrete, commonly used as an enclosure for a lot.

Warehouse means a building devoted to retention of goods, merchandise, supplies or other materials produced on site or received in shipment for ultimate sale or shipment elsewhere.

Water distribution system, central, means mains and service lines owned and operated by the county water system, or when approved by the county commissioners, a private water system operating under the direct supervision of the Department of Natural Resources.

Water impoundment means a body of water confined by a dam, dike, floodgate, or other barrier.

Wedding/event facility means a facility where weddings and other events are held.

Weight, curb, means the total weight of a vehicle with standard equipment, all necessary operating consumables (e.g., motor oil and coolant), a full tank of fuel, while not loaded with either passengers or cargo.

Wind farm means any lot where more than one wind turbine for the purpose of generating electricity is located.

Wind turbine means a freestanding alternate energy device which converts wind energy into electrical energy. A windmill shall also be deemed a wind turbine when used in association with an agricultural operation.

Yard means a required open space on a lot that is left unoccupied with structures and facilities, except as otherwise permitted herein.

Yard, front, means the area between the property line adjacent to a street and the front building line, extending the full width of the lot.

Yard, primary front, means, on a corner lot, the area between a property line adjacent to a street and a line running parallel to the principal structure front, extending the full width of the lot.

Yard, rear, means the area between the rear property line and the rear of the principal structure, extending the full width of the lot.

Yard, secondary front, means, on a corner lot, the area parallel to the street between a property line adjacent to a street and the principal structure outside of the primary front yard.

Yard, side, means the area between the side property line and the side of the principal structure, extending from the front yard to the rear yard or extending from the front yard to the side yard in the case of a corner lot.

Zoning administrator means the person who has been designated by the board of commissioners to administer the enforcement of this chapter.

Zoning board of appeals means the board to which the responsibilities associated with the zoning board of appeals has been delegated.

(Code 1992, § 20-3-1; Ord. of 5-26-2011; Ord. of 7-28-2011; Ord. No. 2012-09, § 1, 5-24-2012; Ord. No. 2012-13, §§ 1, 2, 12-13-2012; Ord. No. 2013-02, § 1, 4-25-2013; Ord. No. 2013-05, §§ 1, 2, 7-25-2013; Ord. No. 2013-20, § 1, 11-14-2013; Ord. No. 2014-19, § 1, 12-11-2014; Ord. No. 2015-05, § 1, 3-26-2015; Ord. No. 2016-12, § 1, 7-28-2016; Ord. No. 2016-15, § 1, 7-28-2016; Ord. No. 2017-04, § 1, 3-23-2017; Ord. No. 2017-16, § 1, 10-26-17; Ord. No. 2018-03, § 1, 9-22-2018; Ord. No. 2018-11, § 1, 10-25-2018; Ord. No. 2021-06, § 1, 3-25-2021; Ord. No. 2021-09, § 1, 5-27-2021; Ord. No. 2023-04, § 1, 6-22-2023)