The building, planning and zoning director shall be responsible for the interpretation of the terms and definitions of this development code in accordance with the authority described in article 1 of this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

Figures or examples associated with defined terms or regulatory paragraphs in this development code are provided only for illustration and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Except as specifically defined herein, all words used in this development code have their customary dictionary definitions.

(b)

For the purposes of this development code, certain words or terms used herein shall be defined as follows:

(1)

Words used in the singular include the plural and words used in the plural include the singular.

(2)

Words used in the present tense include the future tense.

(3)

The word "structure" includes the word "building;" a "building" is a type of structure.

(4)

The word "erected" includes the words "constructed," "moved," "located," or "relocated."

(5)

The word "lot" includes the words "plot", "parcel" or "tract."

(6)

The words "zoning map" or ["map"] means the Official Zoning Map of the City of Fort Oglethorpe, Georgia.

(7)

The words "road," "street," "highway," and "thoroughfare" have the same meaning with regard to the requirements and restrictions of this code.

(8)

The word "person" includes the words "individuals," "firms," "partnerships," "corporations," "associations," "governmental bodies," and all other legal entities.

(9)

The words "shall," "will," "is to," and "must" are always mandatory and never discretionary.

(10)

The words "may" and "should" are discretionary.

(11)

The word "and" indicates that all of the conditions, requirements, or factors so connected must be met or fulfilled, while the word "or" indicates that at least one condition, requirement or factor so connected must be met.

(12)

The term "such as" is intended to introduce one or more examples in illustration of a requirement or point, and is intended to mean "including, but not limited, to the following."

(13)

The terms "include" or "including," when used to introduce a list of items, is not intended to be exclusive only to the items on the list, but is intended to mean "including, but not limited to, the following."

(14)

The verbs "zone" and "rezone" have the same meaning and refer to the act of amending the Official Zoning Map through the process established by this development code.

(15)

The nouns "zone," "zoning district," and "district" have the same meaning and refer to the zoning districts established under this development code.

(16)

The word "day" means a calendar day unless otherwise specified as a "work" or "working" day or "business" day, which means Monday through Friday exclusive of city-recognized holidays.

(17)

The words "used" or "occupied" include the words "intended, arranged, or designed exclusively to be used or occupied by a particular use or function."

(18)

References to the "city" and to the city council and any public officials or appointed bodies of the city not otherwise named by political jurisdiction or defined in this development code shall always mean the City of Fort Oglethorpe, Georgia, and its governing body, appointed or employed officials, and appointed bodies as named. These include:

a.

The planning advisory board, created as such and appointed as such by the Fort Oglethorpe City Council.

b.

The city manager, appointed as such by the Fort Oglethorpe City Council, or the city manager's designee.

c.

The city attorney, appointed as such by the Fort Oglethorpe City Council, or the city attorney's designee.

d.

The building, planning and zoning director, the city official appointed as such, or the building, planning and zoning director's designee.

e.

The public works director, the city official appointed as such, or the public works director's designee.

f.

The public utilities director, the city official appointed as such, or the public utilities director's designee.

g.

Other city officials, employees, or third parties (contractors) such as "city engineer" or "third party" shall mean the city official, employee, or contractor appointed as such by their respective department director.

(c)

References to an administrative department of the City of Fort Oglethorpe shall always mean the department created by the city council as such. These include:

(1)

Department of building, planning and zoning. References to action by the "building, planning and zoning department" shall mean action by the building, planning and zoning director or by that administrative official to whom responsibility for that action has been assigned by the building, planning and zoning director.

(1)

Building official. A reference to action by the "building official" shall mean action by that administrative official to whom responsibility for that action has been assigned by the building, planning and zoning director.

(2)

Public works department. A reference to action by the "public works department" shall mean action by the public works director by that administrative official to whom responsibility for that action has been assigned by the public works director.

(3)

Public utilities department. A reference to action by the "public utilities department" shall mean action by the public utilities director by that administrative official to whom responsibility for that action has been assigned by the public utilities director.

(d)

References to other public officials, departments, or appointed bodies, unless otherwise specified, shall always mean such persons or bodies having jurisdiction over or relative to the City of Fort Oglethorpe, Georgia. These include:

(1)

The Clerk of the Superior Court of Catoosa or Walker County, Georgia.

(2)

The Catoosa or Walker County Environmental Health Department.

(3)

The Georgia Soil and Water Conservation Commission (GSWCC).

(4)

The Georgia Departments of Community Affairs (DCA), Transportation (GDOT), Human Resources (DHR), Natural Resources (DNR), and DNR's Environmental Protection Division (EPD).

(5)

The United States Army Corps of Engineers (USACE), the Federal Aviation Administration (FAA), the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Environmental Protection Agency (EPA).

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

All words and phrases are to be interpreted within the context of the sentence, paragraph, subsection, section, and article in which they occur.

(b)

Words and phrases specifically relating to a category of use of land or a structure that are defined in this development code shall be interpreted as defined herein without regard to other meanings in common or ordinary use, unless the context of the word or phrase indicates otherwise. Words and phrases not defined in this development code shall be construed to have the meaning given by common and ordinary use, the meaning of which may be further clarified by use of the word or phrase in the North American Industrial Classification System (NAICS) published by the U.S. Department of Commerce, latest edition. See also the interpretation of uses section in chapter 2 of this development code.

(c)

Other words and phrases specifically defined in this development code shall be interpreted as defined herein without regard to other meanings in common or ordinary use, unless the context of the word or phrase indicates otherwise. Words and phrases not defined in this development code shall be construed to have the meaning given by common and ordinary use, the meaning of which may be further clarified by definition of the word or phrase in a dictionary of the English language in current circulation

(d)

Definitions are clearly identified as such in a glossary of definitions in this chapter. Some definitions are also located throughout this development code in the chapters, articles or sections to which they most readily refer. All definitions, regardless of location within a particular chapter of this code, apply equally to the use of such terms throughout the code. If differences in wording occur between definitions of a term in a particular chapter and in the glossary in this chapter, the definition contained within a particular chapter of this code shall control.

(Ord. No. 2021-10, § 1, 6-28-2021)

Accessory building. A building the use of which is incidental to that of the main building and located on the same lot or parcel of land.

Accessory use. A use incidental and subordinate to the principal use or building and located on the same lot or parcel of land with such principal use or building.

Acreage. Acres collectively in a tract of land.

Agriculture. The raising of products including, but not limited to, soil crops, livestock, fish, fowl, and commercial timber, regardless of the quantity or value of production, in a customary manner on tracts of land.

Alley. A platted roadway which affords only secondary means of access to abutting property and not intended for general traffic circulation.

Alteration, structural. See Structural alteration.

Apartment. See Dwelling, multifamily.

Assisted living community. A "personal care home" serving 25 residents or more that is licensed by the department of community health to provide assisted living care. "Assisted living care" means the specialized care and services provided by an assisted living community which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self-preservation.

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

Auction houses. Commercial establishments which cater to a wide segment of the population where tangible items excluding cars, boats, trailers, motor homes, trucks, motorcycles, other motorized, self-propelled machines and real estate, are sold on a scheduled, open competitive bid basis to more than two people, provided that all sales, display, and storage be conducted within a completely enclosed building.

(Ord. No. 2021-10, § 1, 6-28-2021)

Bed and breakfast inn. A residence in which the frequency and volume of visitors are incidental to the primary use as a private residence and where guestrooms are made available for visitors for fewer than 30 days.

Block. A trace or parcel of land entirely surrounded by public highways or streets, other than alleys.

Boardinghouse, roominghouse. A dwelling having one kitchen and use for the purpose of providing meals or lodging, or both, for compensation to persons other than members of the family occupying each dwelling.

Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form. An "eating establishment" means an establishment which is licensed to sell distilled spirits, beer, malt beverages or wines and which derives at least 50 percent of its total annual gross food and beverages sales from the sale of prepared meal or food, provided, however, that barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), shall not be used when determining the total annual gross food and beverage sales.

Brewery. An establishment where malt beverages are made, produced or bottled. "Malt beverage" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.

Buffer. That portion of a lot or parcel of land set aside for open space and/or visual screening purposes, pursuant to applicable provisions of this development code, to provide a visual and dimensional separation between different zoning districts or dissimilar land uses. Such buffer area may be either a natural buffer or landscaped buffer.

Building. Any permanent structure attached to the ground designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind.

Building, alterations of. Alterations of buildings include any change in the supporting members of a buildings (such as bearing walls, beams, columns, and girders); any addition to a building; or any change of a building from one location to another.

Building, height of. The vertical distance measured 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 deckline of mansard roofs, and the mean height between the eaves and the ridge for gable, hip or gambrel roofs.

Building line. A line parallel to the property 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 line established by law beyond which a building shall not extend as determined by front, side, and rear yards herein.

(Ord. No. 2021-10, § 1, 6-28-2021)

Caliper. A measurement of the tree trunk diameter measured six inches above grade level.

Carport. A roofed area open on one, two, or three sides and attached to the main building, for the storage of one or more motor vehicles.

Certified arborist. A professional in the tree care industry who has passed an exam administered by the International Society of Arboriculture certifying such person as an arborist.

Change of occupancy. A discontinuance of an existing use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Class I shade tree. Any plant having a central trunk, an expected maturity height of at least 35 feet, and an expected minimum mature canopy spread of at least 15 feet.

Class II shade tree. Any plant having a central trunk and a maximum expected maturity height of 25 feet.

Clinic. An establishment where patients, who are not lodged overnight, except for observation or emergency treatment, are admitted for examination and treatment by one person or group of persons practicing any form of healing or health building services to individuals, which is lawful in the state.

Club. A building or facilities owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Comprehensive plan. The plan adopted by the City of Fort Oglethorpe to comply with the Georgia Planning Act of 1989 [O.C.G.A. § 36-70-1 et seq.]; as amended.

Corner lot. See Lot, corner.

(Ord. No. 2021-10, § 1, 6-28-2021)

Day care center (commercial). Any place operated by a person, society, agency, corporation, institution, or any other group wherein are received for pay seven or more children under 18 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

Day care home (residential). Any place operated by any person who receives for pay three to six children under 17 years of age for group care, without transfer of custody, for more than four hours and less than 24 hours per day.

Density. The number of dwelling units developed on an acre of land. As used in this development code, all densities are stated in dwelling units per gross acre.

Depth of lot. See Lot, depth of.

Development standards. Site design regulations such as lot area, lot coverage, height limits, frontage, and yard requirements (setback distances).

Distillery. An establishment where distilled spirits are distilled, rectified or blended. "Distilled spirit" is any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume.

Double frontage lot. See Lot, double frontage.

Duplex. See Dwelling, two-family.

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

Dwelling, multifamily. A residential building designed for occupancy by three or more families living independently of each other. Includes the term dwelling, multiple.

a.

Apartment. A multifamily dwelling in which a dwelling unit may be located above another. Includes the terms "apartment complex" and "apartment house."

b.

Loft apartment. A dwelling unit located above commercial space and generally undivided except for a mezzanine area.

c.

Townhouse. A multifamily dwelling in which the dwelling units may adjoin one another only at the vertical walls and no dwelling unit may be located above another. Includes the term townhome.

Dwelling, single-family. A building designed for and occupied exclusively by one family. See also modular home, manufactured home, and mobile home.

Dwelling, two-family; duplex. A building designed for and occupied exclusively by two families living independently of each other in separate dwelling units within the same building.

(Ord. No. 2021-10, § 1, 6-28-2021)

Easement. A grant of rights by the property owner for use of a trip of land for specified purposes.

Erosion, sedimentation and pollution control plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. Ch. 12-7, that includes as a minimum, protections at least as stringent as the State General Permit, best management practices, and requirements. The following definitions are provided for the purpose of interpreting regulations pertaining to soil erosion, sedimentation and pollution control in chapter 6 of this code:

a.

Best management practices (BMPs).These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

b.

Board. The board of natural resources.

c.

Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

d.

Certified personnel. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

e.

Commission. The Georgia Soil and Water Conservation Commission (GSWCC).

f.

CPESC. Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

g.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation.

h.

Department. The Georgia Department of Natural Resources (DNR).

i.

Design professional. A professional licensed by the State of Georgia in the field of: Engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

j.

Director. The director of the environmental protection division or an authorized representative.

k.

District. The Catoosa County Conservation District.

l.

Division. The environmental protection division (EPD) of the department of natural resources.

m.

Drainage structure. A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.

n.

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

o.

Erosion, sedimentation and pollution control plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. Ch. 12-7, that includes as a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in chapter 6 of this code.

p.

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

q.

Final stabilization. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

r.

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

s.

Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

t.

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

u.

Land-disturbing activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5.

v.

Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

w.

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

x.

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

y.

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

z.

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

aa.

NOI. A notice of intent form provided by EPD for coverage under the state general permit.

bb.

NOT. A notice of termination form provided by EPD to terminate coverage under the state general permit.

cc.

Operator. The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

dd.

Outfall. The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

ee.

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

ff.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

gg.

Phase or phased. Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

hh.

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

ii.

Properly designed. Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal.

jj.

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

kk.

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

ll.

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

mm.

Soil and water conservation district approved plan. An erosion, sedimentation and pollution control plan approved in writing by the soil and water conservation district.

nn.

Soil and water conservation district. See District.

oo.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

pp.

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

qq.

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

rr.

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

ss.

Trout streams. All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

tt.

Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (1) permanent seeding, sprigging or planting, producing long-term vegetative cover, or (2) temporary seeding, producing short-term vegetative cover; or (3) sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

uu.

Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

vv.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(Ord. No. 2021-10, § 1, 6-28-2021)

Façade. The exterior vertical surfaces of a building that comprise the front, side or rear wall.

Family. Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group of occupying a boardinghouse, lodginghouse or hotel.

Final plat. A plat of a tract of land which meets the requirements of this chapter and is in the form for recording in the office of the clerk of the county superior court.

Flood or flooding. A general 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 runoff of surface waters from any source.

The following definitions are provided for the purpose of interpreting regulations pertaining to flood hazard reduction in chapter 6 of this code:

a.

Accessory structure. A structure having minimal value and used for parking, storage and other non-habitable uses, such as garages, carports, storage shed, pole barns, hay sheds and the like.

b.

Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building which the addition is connected by a common load-bearing wall other that a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "new construction."

c.

Appeal. A request for a review of the director of building, planning and zoning's interpretation of any provision of flood hazard reduction regulations in chapter 6.

d.

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

e.

Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in the basis for area of special flood hazard section in chapter 6 in this code.

f.

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

g.

Basement. That portion of a building having its floor subgrade (below ground level) on all sides.

h.

Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.

i.

Critical facility. Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: (1) structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; (2) hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; (3) emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and (4) generating plants, and other principal points of utility lines.

j.

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

k.

Elevated building. A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

l.

Existing construction. Any structure for which the "start of construction" commenced before April 27, 1988 (i.e. the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program [NFIP]).

m.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before April 27, 1988 (i.e. the effective date of the first floodplain management regulations adopted by a community).

n.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

o.

Flood hazard boundary map (FHBM). An official map of a community, issued by the federal insurance administration, where the boundaries of areas of special flood hazard have been defined as zone A.

p.

Flood insurance rate map (FIRM). An official map of a community, issued by the federal insurance administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

q.

Flood insurance study. The official report by the federal insurance administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

r.

Floodplain. Any land area susceptible to flooding.

s.

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

t.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

u.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

v.

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

w.

Historic structure. Any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the secretary of the interior; or (4) individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: a) by an approved state program as determined by the secretary of the interior, or b) directly by the secretary of the interior in states without approved programs.

x.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this development code.

y.

Manufactured home. A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

z.

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

aa.

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

bb.

New construction. Any structure for which the "start of construction" commenced on or after April 27, 1988 and includes any subsequent improvements to the structure (i.e., the effective date of the city's first floodplain management ordinance adopted as a basis for community participation in the (NFIP)).

cc.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 27, 1988 (i.e., the effective date of the city's first adopted floodplain management regulations).

dd.

North American Vertical Datum (NAVD) as corrected in 1988. A vertical control used as a reference for establishing varying elevations within the floodplain.

ee.

Recreational vehicle. A vehicle, which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently tow able by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

ff.

Start of construction. The date the development permit was issued, provided the actual start of construction repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwellings units or part of the main structure (note: accessory structures are not exempt from any chapter requirements). For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

gg.

Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

hh.

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

ii.

Substantial improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the "start of construction" of the improvement. (The market value of the structure should be: (1) the appraised value of the structure prior to the start of the initial repair or improvement; or (2) in the case of damage, the value of the structure prior to the damage occurring.) The term includes structures, which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary or safety code specification which are solely necessary to assure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project; or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

jj.

Substantially improved existing manufactured home parks or subdivisions. Where the repair, reconstruction, rehabilitation or improvement of the street, utilities and pads equals or exceed 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

kk.

Variance. A grant of relief from the requirements of the flood hazard reduction article in chapter 6 of this code which permits construction in a manner otherwise prohibited by the article.

ll.

Violation. The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.

Floor area. Except as may be otherwise indicated in relation to particular districts and uses, the term "floor area" shall be construed as the sum of the gross horizontal areas of the several floors, including basement areas, of a building. These areas are to be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and exclude public corridors, common restrooms, attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating, heating, or other building machinery and equipment, parking structures, and basement space where the ceiling is not more than an average of 48 inches above the general finished and graded level of the adjacent portion of the lot.

Front yard. See Yard, front.

Frontage. The distance for which property abuts one side of a street, road or highway, or other public way measured along the dividing line between the property and such road, or highway, or other public way.

(Ord. No. 2021-10, § 1, 6-28-2021)

Garage, mechanical. Any building or land where automotive vehicles are repaired, rebuilt, reconstructed or painted; where tires are recapped and welding work is performed.

Governing body. The mayor and council of the City of Fort Oglethorpe.

Grade.

a.

For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;

b.

For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining streets; and

c.

For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Gross floor area (GFA). Total interior space as defined by the International Building Code.

Groundwater recharge area. Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer. The following definitions are provided for the purpose of interpreting regulations pertaining to groundwater recharge area protection in chapter 6 of this code:

a.

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

b.

Drastic. The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U. S. Environmental Protection Agency Document EPA-600-2-87;035. (Note: the DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility).

c.

Pollution susceptibility. The relative vulnerability of an aquifer of being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge areas.

d.

Pollution susceptibility map. The relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia).

e.

Recharge area. See Groundwater recharge area.

f.

Significant recharge areas. Those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).

Group development. A development comprising two or more structures, built on a single lot, tract or parcel of land, and designed for occupancy by separate families, firms or other enterprises.

Group personal care homes. See Personal care home, group.

(Ord. No. 2021-10, § 1, 6-28-2021)

Half story. See Story, half.

Half street. A street which does not meet the minimum right-of-way widths set forth in this development code.

Height of building. See Building, height of.

Home occupation. Any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit.

Hotel. A building or buildings kept, used, maintained and advertised as temporary lodging where sleeping accommodations are supplied for pay to transient guests staying no more than 30 days, with entrance to all rooms through a central interior lobby and with or without eating facilities. See also hotel, extended stay.

Hotel, extended stay. A building or buildings kept, used, maintained and advertised as temporary residence where sleeping and living accommodations are supplied for pay to guests for extended stays or stays longer than 30 days, with entrance to all rooms through a central interior lobby.

(Ord. No. 2021-10, § 1, 6-28-2021)

Impervious surface. A manmade structure or surface which prevents the infiltration of stormwater into the ground below the structure or surface. Includes concrete, asphalt, brick, metal, or any other material constructed or erected on landscaped or natural buffer areas that impede the percolation of water into the ground. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Industrialized building. A building manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. Tit. 8, Ch. 2, Art. 2, Pt. 1) and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner.

Interior lot. See Lot, interior.

(Ord. No. 2021-10, § 1, 6-28-2021)

Kennel. Any lot or premises on which three or more dogs, four months or more old are kept either permanently or temporarily, for purpose of sale, care, breeding or training for which any fee is charged.

(Ord. No. 2021-10, § 1, 6-28-2021)

Landscape area/landscaped yard. An area to be planted with trees, grass, shrubs, or other natural living ground cover material that does not include impervious surfaces.

Lot. A unit of land as defined in a single deed recorded in the superior court deed records. The description as specified in each recorded deed shall constitute a lot for the purpose of this development code. Provided further, that two or more adjoining lots in common ownership and which are physically unified by the existence of a common structure or development located thereon shall constitute and be considered as one lot for the purpose of this development code.

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

Lot, depth of. The distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line of the lot.

Lot, double frontage. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, interior. A lot other than a corner lot.

Lot, lines. The lines bounding a lot.

Lot of record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court of this county.

Lot, width of. The mean horizontal distance between the side lines of a lot measured at right angles to the depth.

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

(Ord. No. 2021-10, § 1, 6-28-2021)

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

Manufactured homeowner. The person who has legal title to the manufactured home.

Manufactured home park. A licensed business operation which leases spaces for permanent or for temporary occupancy for periods exceeding 30 days for manufactured homes.

Manufactured home space. A plot of ground within a manufactured home park designated for the accommodation of not more than one manufactured home of single-family occupancy.

Manufactured home subdivision. A manufactured home subdivision is defined as at least a four-acre site which has been primarily designed for the subdivision of individual lots for manufactured home development.

Mechanical garage. See Garage, mechanical.

Mini-warehouse. A building(s) that contains varying sizes of individual, compartmentalized, climate-controlled, and control-access stalls or lockers for storing the excess personal property of an individual or family. No business activities other than the rental or storage units shall be conducted on the premises. Includes the term self-storage unit.

Mobile home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a single-family 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 home. As opposed to a "site-built" home, a modular home is an industrialized building that is a dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One- and Two-Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to permanent load-bearing foundation. The term shall not include "manufactured homes" or "mobile homes." See also Industrialized building.

Monument. Any permanent object serving to indicate a limit to or mark a boundary.

Motel. A building or buildings kept, used, maintained, and advertised as temporary lodging where sleeping accommodations are supplied for pay to guests staying no more than 30 days, with each room accessed from the exterior of the building rather than through a central lobby, and with or without eating facilities.

Multi lane divided highway. A highway consisting of four or more lanes with two or more lanes each in opposing directions separated by a grassed or barrier median.

Multiple dwelling. See Dwelling, multifamily.

(Ord. No. 2021-10, § 1, 6-28-2021)

Natural buffer. An area of land set aside for preservation in its natural vegetative state, including existing plants with the exception that poisonous or non-native plant species may be removed. Natural buffers do not include impervious surfaces nor are they suitable for fill/cutting activities or storage of materials.

New development. As used in chapter 4 pertaining to landscape regulations, new development is construction of a new building or structure on its own lot is considered, whereas buildings or structures constructed on a lot which already contains existing buildings is considered as an expansion.

Nonconforming lot. A lot of record whose area, frontage, width or other dimensions, or location were lawful prior to the adoption or amendment of this development code, and which, by reason of such adoption or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district.

Nonconforming structure. A structure or building whose size, dimensions, location on a property or other features were lawful prior to the adoption or amendment of this development code, but which, by reason of such adoption or amendment, no longer meets or conforms to one or more such requirements of this development code.

Nonconforming use. A a use or activity that was lawfully established prior to the adoption or amendment of this development code, but which, by reason of such adoption or amendment, is no longer a use or activity permitted by right or no longer meets or conforms to the requirements of this development code.

Nursing home. A facility that is licensed by the Georgia Department of Community Health which admits three or more patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for 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.

(Ord. No. 2021-10, § 1, 6-28-2021)

Occupant. The person who legally occupies the home under a right less than a freehold estate expressly granted by the owner of the home and/or the land upon which the home is located or to be located.

Open space. Any land either publicly or privately owned which is designated as being permanently undeveloped and used for recreation, conservation, or preservation.

Owner/occupant. The person who legally occupies a home and who has legal title to such home as well as legal title to real estate upon which such home is located or to be located.

Owner's engineer. The engineer or land surveyor registered and in good standing with the state board of registration who is the agent in his professional capacity of the owner of land which is proposed to be subdivided or which is in the process of being subdivided.

(Ord. No. 2021-10, § 1, 6-28-2021)

Personal care home. A dwelling, whether operated for profit or not, which is licensed by the Georgia Department of Community Health and which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. "Personal services" includes, but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Personal care home, family. A "personal care home" which provides care for two to six adults.

Personal care home, group. A "personal care home" which provides care for seven to 24 adults.

Planned center. A single office, medical, commercial or industrial property that is in common or condominium ownership and is designed or intended for occupancy by two or more principal businesses that are separately owned. A planned center may consist of a single building, such as a shopping center, or multiple buildings, such as an office condominium center.

Plat. A map, plan, or layout of a county, city, town, or section of subdivision indicating the location and boundaries of properties.

Plat, preliminary. A tentative plan of the complete proposed subdivision submitted to the city in accordance with the requirements of this development code.

Principal building. The building in which is conducted the principal use of the parcel on which it is located. Parcels with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Property owner. The person who has legal title to real estate located in the city.

Publicly owned property. All real property within the city limits owned by any federal, state, county, municipal, or other publicly created entity.

(Ord. No. 2021-10, § 1, 6-28-2021)

Rear yard. See Yard, rear.

Roominghouse. See Boardinghouse.

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

Right-of-way line. The dividing line between a lot, tract or parcel of land and a contiguous street, railroad, or other public utility right-of-way.

Roominghouse. A building other than a hotel where lodging without meals for three, but not more than 20, persons is provided.

RV park. Any lot on which are temporarily parked two or more travel trailers for a period of less than 30 days.

(Ord. No. 2021-10, § 1, 6-28-2021)

Screening shrubs. Evergreen shrubs that maintain their foliage year-round.

Screening tree. Evergreen trees that maintain their foliage year-round.

Street yard. A designated landscaped area where private property abuts the public street right-of-way for the planting of grass, trees, and shrubs.

Setback. The distance from the property line to the nearest plane of the applicable building, structure, or sign, measured perpendicularly to the property line. The distance between the principal structure on a lot and a lot line is referred to as the front, side or rear setback.

Shopping center. A "planned center" that includes a combination of retail uses, commercial services, and/or office uses.

Sign. Any structure, device, object, design or display that is used or intended to be used to attract the attention of or to convey information to the public, and that is placed in such a way, whether out of doors or inside or near a window, as to be in the view of the general public from the exterior of any building on the property. See also chapter 5 for additional definitions pertaining to signs.

Single-family dwelling. See Dwelling, single-family.

Single tier lot. A lot which backs upon an arterial street, a railroad, a physical barrier, or a residential or nonresidential use, and to which access from the rear of the lot is usually prohibited.

Site-built home. A single-family dwelling that is built on the construction site, that has a permanent foundation, and that is not designed or intended to be moved or relocated. Site-built homes are built in accordance with the current International Residential Code (IRC) for One- and Two-Family Dwellings. Includes the term "stick-built." See also modular home.

Soil erosion. See definitions under "erosion, sedimentation and pollution control plan."

Skirting/underpinning. Installation of acceptable material from the exterior base of the manufactured home to the ground which may or may not provide support to the home.

Stormwater management. The collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. The following definitions are provided for the purpose of interpreting regulations pertaining to stormwater management in chapter 6 of this code:

a.

Applicant. A person submitting a post-development stormwater management application and plan for approval.

b.

Best management practice (BMP). Structural device, measure, facility or activity that helps to achieve stormwater management control objectives at a designated site.

c.

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

d.

Conservation easement. An agreement between a landowner and the city or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place but continues to leave the remainder of the fee interest in private ownership.

e.

Detention. The temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

f.

Detention facility. A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

g.

Developer. A person who undertakes land development activities.

h.

Development. A land development or land development project.

i.

Drainage easement. An easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

j.

Erosion and sedimentation control plan. A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

k.

Extended detention. The detention of stormwater runoff for an extended period, typically 24 hours or greater.

l.

Extreme flood protection. Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

m.

Flooding. A volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

n.

Greenspace or open space. Permanently protected areas of the site that are preserved in a natural state.

o.

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

p.

Hydrologic soil group (HSG). A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

q.

Impervious cover. A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

r.

Industrial stormwater permit. National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

s.

Infiltration. The process of percolating stormwater runoff into the subsoil.

t.

Jurisdictional wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

u.

Land development. Any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.

v.

Land development activities. Those actions or activities which comprise, facilitate, or result in land development.

w.

Land development project. A discrete land development undertaking.

x.

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

y.

New development. A land development activity on a previously undeveloped site.

z.

Nonpoint source pollution. A form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials, and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal, and urban runoff sources.

aa.

Nonstructural stormwater management practice or nonstructural practice. Any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

bb.

Off-site facility. A stormwater management facility located outside the boundaries of the site.

cc.

On-site facility. A stormwater management facility located within the boundaries of the site.

dd.

Overbank flood protection. Measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e., flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events.

ee.

Owner. The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

ff.

Permit. The permit issued by the City of Fort Oglethorpe to the applicant which is required for undertaking any land development activity.

gg.

Person. Except to the extent exempted from the stormwater management article in chapter 6 of this code, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

hh.

Plan. A document approved at the site design phase that outlines the measures and practices used to control stormwater runoff at a site, both quality and quantity.

ii.

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

jj.

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

kk.

Project. A land development project.

ll.

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

mm.

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

nn.

Runoff. Stormwater runoff.

oo.

Site. The parcel of land being developed, or the portion thereof on which the land development project is located.

pp.

Stormwater better site design. Nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

qq.

Stormwater management facility. Any infrastructure that controls or conveys stormwater runoff.

rr.

Stormwater management measure. Any stormwater management facility or nonstructural stormwater practice.

ss.

Stormwater management plan. A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this article.

tt.

Stormwater management system. The entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.

uu.

Stormwater retrofit. A stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

vv.

Stormwater runoff. The flow of surface water resulting from precipitation.

ww.

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

xx.

Subdivision. The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half. A story under a gabled, hopped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the finished floor of such story.

Street. A public thoroughfare which affords principal means of access to abutting property.

Streets are classified as follows:

a.

Collector or secondary means a street which carries traffic from minor streets to the system of major streets.

b.

Cul-de-sac means a short street designed to have one end permanently closed; the closed end shall be terminated by a vehicular turnaround; and the maximum length shall be 600 feet.

c.

Marginal access means a street which is parallel with and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

d.

Minor or local means a street used primarily to provide access from abutting properties to collector streets.

e.

The terms minor arterial and principal arterial refer to the Georgia Department of Transportation classifications.

Structural alteration. Any change in the supporting members of a building, such as bearing walls, bearing partitions, columns, beams or girders; or any complete rebuilding of the roof or the exterior walls.

Structure. Anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground including, but without limiting, the generality of the foregoing: Signs, billboards, backstops for tennis courts, fences and pergolas.

Subdivider. The person, firm or corporation engaged in the process of creating a subdivision or having completed a subdivision of such land.

Subdivision. All divisions 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, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided.

Subdivision. A division of land into two or more lots, plats or sites.

(Ord. No. 2021-10, § 1, 6-28-2021)

Temporary event. An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time, as prescribed by this development code.

Territorial boundary. The area lying within the corporate limits of the City of Fort Oglethorpe.

Thoroughfare/transportation plan. The city thoroughfare/transportation plan, prepared as an element of the comprehensive plan, or as a stand-alone document.

Townhouse. See Dwelling, multifamily.

Travel trailer. A mobile unit designed for camping, recreational travel or vacation use which is equipped with a chassis and provides partial housekeeping facilities. Includes the term RV.

Two-family dwelling. See Dwelling, two-family.

(Ord. No. 2021-10, § 1, 6-28-2021)

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. The following definitions are provided for the purpose of interpreting regulations pertaining to wetlands protection in chapter 6 of this code:

a.

Generalized wetlands map. The current U.S. Fish and Wildlife Service National Wetlands inventory maps for the city.

b.

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

c.

Jurisdictional wetland determination. A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 U.S.C./1344, as amended.

d.

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

Width of lot. See Lot, width of.

(Ord. No. 2021-10, § 1, 6-28-2021)

Yard. An area that lies between the principal building on a lot and the nearest lot line.

a.

Yard, front. A yard extending the full width of the lot between the principal building and the right-of-way line, projected to the side lines of the lot.

b.

Yard, rear. A yard extending the full width of the lot between the principal building and the rear lot line and projected to the side lines of the lot.

c.

Yard, side. A yard extending from the front yard to the rear yard between the principal building and the side lot line. Any lot line not a rear line or a front line shall be deemed a side lot line.

Zero lot lines. The location of a building on a lot in such a manner that one or more of the buildings sides rests directly on a lot line.

(Ord. No. 2021-10, § 1, 6-28-2021)