1.04.01   Generally

A.

This ULDC shall apply only to the unincorporated areas of Gordon County, Georgia, as now or hereafter established.

B.

No buildings, structures, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this ULDC.

C.

A change of use shall conform to the standards, criteria, requirements, and procedures of this ULDC.

D.

Agricultural activities subject to Best Management Practices for Agricultural Businesses shall be regulated by the Georgia Department of Agriculture and USDA, and enforcement shall be the responsibility of said agencies.

1.04.02   Exemptions and Exceptions

The following general conditions or circumstances are exempt from the provisions and requirements of the ULDC:

A.

Buildings or structures that are legally under construction on the date of adoption of the ULDC;

B.

Buildings or structures for which a building permit has been issued as of the effective date of this ULDC, provided that construction commences prior to the expiration of the building permit, and continues until completed;

C.

Development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this ULDC, provided that development commences not later than one (1) year after the effective date of this ULDC; or

D.

The proposed use of property lawfully approved as of the effective date of this ULDC.

1.08.01   Official Zoning Map of Gordon County

The Official Zoning Map of Gordon County, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ULDC.

1.08.02   Gordon County Transportation Plan

The Gordon County Transportation Plan, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ULDC.

1.08.03   Building and Construction Codes

Each building and construction code listed in Sections 1.08.04(A) through (K) is hereby adopted by reference as if set forth in its entirety. The codes and associated local amendments may be viewed at the Gordon County Building, Planning and Development office, Wall Street Annex building, First Floor, 200 S. Wall Street, Calhoun, Georgia. The following standard building codes as approved by the State of Georgia include any attachments, future editions, appendices, indexes and amendments, including local amendments adopted by Gordon County.

A.

International Building Code.

B.

International Mechanical Code.

C.

International Fuel Gas Code.

D.

International Plumbing Code.

E.

National Electrical Code.

F.

International Fire Code.

G.

International Residential Code for One and Two Family Dwellings.

H.

International Energy Conservation Code.

I.

International Property Maintenance Code.

J.

International Existing Building Code.

K.

National Fire Protection Association Fire Codes.

(Res. of 12-20-11)

1.08.04   Groundwater Recharge Area District Map

The map depicting significant recharge areas as identified by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition) is hereby adopted by reference and declared to be part of this UDLC. The map may be viewed in the Digital Environmental Atlas of Georgia at http://ga-ims.er.usgs.gov/website/atlas (webpage maintained by the United States Geological Survey).

1.08.05   Areas of Special Flood Hazard

The areas of special flood hazard identified by the Federal Emergency Management Agency in its current effective Flood Insurance Study (FIS), with accompanying maps and other supporting data, and any revision thereto, are hereby adopted by reference and declared to be part of this ULDC. The current effective FIS may be viewed at http://www.fema.gov/hazard/map/index.shtm (webpage maintained by the Federal Emergency Management Agency). See also Section 3.01.06.B of this ULDC for additional information.

1.08.06   National Wetlands Inventory Maps

The U.S. Fish and Wildlife Service National Wetlands Inventory Maps (NWI Maps), together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this ULDC. NWI Maps may be viewed at http://www.fws.gov/nwi (webpage maintained by the U.S. Fish and Wildlife Service). See also Section 3.05.09 of this ULDC for additional information.

1.08.07   Manual for On-Site Sewage Management Systems

The Georgia Department of Community Health's Manual for On-Site Sewage Management Systems, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ULDC. The manual may be viewed at the Gordon County Board of Health, 318 N. River St., (706) 624-1440 or at http://health.state.ga.us/programs/envservices/onsitemanual.asp (webpage maintained by the Georgia Department of Community Health, Division of Public Health).

(Res. of 12-20-11)

1.08.08   Engineering Technical Standards Manual

(Reflects engineering detail drawings from Chapter 6.)

1.08.09   Reserved

1.09.01   Generally

A.

Specific provisions of this ULDC shall be followed in lieu of general provisions that may be in conflict with the specific provision.

B.

In the interpretation and application of this ULDC all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the County and shall not be construed to limit nor repeal any other powers granted under State statutes.

C.

Where provisions of this ULDC conflict with other regulations, the more stringent restrictions shall be applied.

1.09.02   Responsibility for Interpretations

A.

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this ULDC, the County Administrator shall be responsible for interpretation. In the interpretation of this ULDC, the County Administrator shall be guided by the Gordon County Comprehensive Plan and applicable State law.

B.

Responsibility for interpretation by the County Administrator as set forth in this section shall be limited to standards, regulations, and requirements of this ULDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this ULDC. Interpretation shall not be construed to override the responsibilities assigned by the Gordon County Board of Commissioners to any commission, board, or official named in other sections or chapters of this ULDC.

1.09.03   Rules for Boundary Interpretations

Interpretations regarding boundaries of zoning districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following the shoreline of a river, stream, lake or other water body shall be construed as following such shoreline.

1.09.04   Rules of Construction

A.

Words used in the present tense include the future tense.

B.

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

C.

The masculine gender includes the feminine and the neuter.

D.

The word "person" includes a firm, partnership, company, corporation, or association as well as individuals.

E.

The word "shall" is always mandatory; the word "may" is permissive.

F.

"Or" may be read "and," may be read "or," if the sense requires it.

G.

The term "written" or "in writing" shall include any representation of words, letters, or figures, whether by printing or otherwise.

H.

The term "day" means a calendar day.

I.

The term "month" means a calendar month.

J.

The word "week" shall mean seven (7) days.

K.

The word "year" shall mean a calendar year.

1.09.05   Computation of Time

When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, the first or last day shall not be counted; and if the last day falls on Saturday or Sunday, the person having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as provided for in O.C.G.A. § 1-4-1, the person having the privilege or duty shall have through the following day to exercise the privilege or to discharge the duty; however, when the following day is a Saturday or Sunday, the person shall have through the following Monday to exercise the privilege or to discharge the duty.

1.10.01   Acronyms

(Res. of 12-20-11)

1.10.02   Definitions

Acceleration/deceleration lanes. Paved exits and entrances off of a public roadway onto private property for the purpose of expediting the free flow of traffic.

Accessory. A use or structure which is incidental and subordinate to the principal use or structure, and which is located on the same lot as the principal use or structure.

Addition. Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls shall be considered new construction.

Activity. Any endeavor, whether or not for profit, that takes place over, on or within the public rights-of-way of Gordon County.

Agricultural and farming operations. The raising, harvesting, or storing of soil crops and/or produce crops, and/or the raising of livestock, in a customary manner, including all associated activities, operating on tracts of land at least five (5) acres in size. Direct sales of commodities raised on the premises shall be considered a permissible activity.

Alley. A street which affords only a secondary means of access to the back or side of abutting property, and is not intended for general traffic.

Appeal. A formal review of an administrative decision regarding provisions of this ULDC.

Area of shallow flooding. Areas having base flood depths of one (1) to three (3) feet above ground, 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.

Area of special flood hazard. The land within the floodplain that is subject to a one (1) percent or greater chance of flooding in any given year.

As-built plans. Detailed construction plans showing completed improvements as constructed.

Assisted living facility. Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication.

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

Average daily trips (ADT): The total number of vehicle movements both entering and exiting the designated study site on an average weekday. ADT for various land uses will be determined using the most current edition of the Institute of Transportation Engineers' (ITE) Trip Generation Manual.

Awning/canopy. A permanently installed cloth or canvas covering which hangs from a building facade or projects over the public walkway for beautification or shelter.

Basement. The portion of a building having its floor below ground level on all sides.

Bed and breakfast inn. A facility where overnight accommodations are provided to transients for compensation, with or without a morning meal, and where the operators of the facility live on the premises.

Berm. An earthen mound or embankment, usually two (2) to six (6) feet in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes.

Best management practices (BMPs). A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

Bio-fuel plant. A facility that produces fuel derived from renewable biological sources such as plants or animal waste.

Block. A piece or parcel of land entirely surrounded by public streets, public lands, rights-of-way, watercourses or other well-defined and fixed boundaries.

Block out zone. An area that is measured from the intersecting points of a public right-of-way, street, road, highway, railroad, at any entrance into or exit from any public road or other location and extending twenty (20) feet along the right-of-way in each direction and closed so as to form a triangle in the corner created by the intersection.

Board of Appeals. Gordon County Board of Zoning Appeals.

Board of Commissioners. Board of Commissioners of Gordon County, Georgia.

Board of Health. Gordon County Board of Health.

Buffer. A natural and/or landscaped area intended to visibly separate uses through distance to shield or block noise, light, glare, or other nuisances, or to protect natural features such as streams, rivers, or wetlands, or to protect natural or manmade reservoirs, or to provide for added green space, greenways and greenbelts within the County.

Buffer, State waters. 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.

Buildable area. That area of a lot within the building setback lines as set by this ULDC within which a principal building or structure may be erected.

Building. Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals or chattels.

Accessory Building. A detached, subordinate structure designed for a use which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Building addition. Any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall.

Building frontage. The linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot.

Building facade. The exterior surface or face of a building. The front facade is the building wall, which contains the primary entry of the building. The side facade means the exterior walls other than the main or front view.

Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

Building line. A line beyond which no foundation wall or part of the structure of any building shall project, as determined by the front, side and rear yard setbacks, with the exception of roof overhang, walkways, and the subsurface projection of footings; provided, however, that such overhang does not exceed six (6) feet and does not encroach upon the adjacent property or right-of-way.

Building story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including basements used for the principal use.

Elevated building. A building constructed with 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.

Principal building. A building in which is conducted the primary use permissible on the lot.

Certificate of occupancy. A document issued by the building official indicating the use of a particular building or land conforms to the requirements of this ULDC.

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

Commission. The state soil and water conservation commission.

Comprehensive plan. The Gordon County Comprehensive Plan, approved by the Gordon County Board of Commissioners, including any amendments, extensions, or additions thereto as adopted by the Gordon County Board of Commissioners.

Condominium. Individual ownership units in a multifamily structure, combined with joint ownership of common areas of the building, grounds, in accordance with all applicable provisions of the "Apartment Ownership Act" of 1963 (Ga. Laws 1963, as amended).

Construction. Any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.

Existing construction. For the purpose of Section 3.01.00 of this ULDC, any structure for which the start of construction commenced before May 7, 1991.

New construction. For the purpose of Section 3.01.00 of this ULDC, any structure for which the start of construction commenced on or after May 7, 1991 and includes any subsequent improvements to the structure.

Start of construction. For the purpose of Section 3.01.00 of this ULDC, the date a development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (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 of 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 dwelling units or part of the main structure.) 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.

Conventional built dwelling. A dwelling unit constructed from building materials such as lumber, brick, or stone delivered to the site, where the building is intended to be situated. A conventional built dwelling shall exclude manufactured and mobile homes.

Conveyance. Property that is deeded from one family member to another in accordance with the requirements of this ULDC.

County. Gordon County, Georgia.

County Administrator. The official, or his authorized representative, designated by the Gordon County Board of Commissioners as its agent for the administration of the provisions of the ULDC.

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 structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; 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; emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and generating plants, and other principal points of utility lines.

Crosswalk. A right-of-way within a block dedicated to public use for pedestrian use only and so designed as to provide access to adjacent streets or lots.

Cul-de-sac. A local street with only one (1) outlet, closed and terminated with a permanent vehicular turnaround.

Curb cut. The providing of vehicular ingress and/or egress between property and an abutting public street.

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

Day care establishment. Any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than twenty-four (24) hours per day without transfer of legal custody, children under eighteen (18) years of age and which is required to be licensed or commissioned by the Georgia Department of Community Health. The following categories shall be designated:

Family day care (six (6) or less children). A private residence operated as day care for up to six (6) children.

Day care homes (seven (7) to eighteen (18) children). Any place operated as day care for not less than seven (7) or more than eighteen (18) children.

Day care centers (nineteen (19) or more children). Any place operated as day care for nineteen (19) or more children.

Decentralized wastewater management system. A privately installed, operated and maintained wastewater system that is designed and built to collect, treat and disperse wastewater on a development site and that acts as an alternative to traditional septic systems or public sewerage facilities where permitted in this ULDC. Includes the terms "package plant" and "community sewerage disposal system."

Department. The Georgia Department of Natural Resources.

Density. The number of dwelling units per acre of land.

Gross Density. Calculation of density based on the entire area within the boundaries of a specific site.

Net Density. Calculation of density based on developable areas only, excluding streets, easements, water areas, lands with environmental constraints, parklands and required open space, and other undevelopable lands. For the purpose of this ULDC, the term "density" shall mean "net density."

Developer. Any person, corporation or duly authorized agent who undertakes the subdivision of land.

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

Diagonal tie. Any tiedown designed to resist horizontal or shear forces and that deviates not less than thirty (30) degrees from vertical.

Director. The Director of the Environmental Protection Division of the Georgia Department of Natural Resources.

District. The Coosa River Soil and Water Conservation District.

Division. The Environmental Protection Division of the Georgia Department of Natural Resources.

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 stormwater management, drainage control, or flood control purposes.

Dwelling or dwelling unit. Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than one (1) family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen.

Accessory dwelling. A unit established within the principal building or in a separate structure, and on the same lot as the principal structure.

Caretaker dwelling. A freestanding accessory dwelling occupied by an employee of the property owner for the purpose of property maintenance, security or nighttime property management.

Duplex or two-family dwelling. A building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other.

Multi-family dwelling. A building either designed, constructed, altered, or used for more than two (2) adjoining dwelling units, with each dwelling unit having a party wall or party floor ceiling connecting it to at least one (1) other dwelling unit in the building.

Single-family attached dwelling. A one-family dwelling with ground floor outside access, attached to two (2) or more one-family dwellings by common vertical walls without openings.

Single-family detached dwelling. A detached building used and either designed or constructed for one (1) dwelling unit.

Tenant dwelling. A freestanding accessory dwelling occupied by an employee of the property owner for the purpose of the performance of agricultural labor.

Townhouse. One (1) of a series of 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.

Easement. A grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage.

Conservation easement. An agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership.

Drainage easement. An agreement 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.

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

Erosion and Sedimentation Control Plan. A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan".

Existing manufactured home park or subdivision. For the purpose of Section 3.01.00 of this ULDC, 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 May 7, 1991.

Family. One (1) or more persons related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than four (4) persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, or fraternity or sorority house.

Family ties lot. The subdivision of a parcel into a maximum of five (5) lots for conveyance to family members as described in this ULDC.

Farm. A bona fide farm is the primary or principal use of land and buildings for the purpose of conducting agricultural activities including, raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock; or the production of plants or trees.

Fenced area. A solid partition or an opaque screening through which the enclosed area cannot be seen.

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.

Finished floor. The top surface of the lowest inhabitable level of an enclosed area in a building, including the basement. This could be the top of the slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Includes the term "Floor."

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

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. The "base flood" is synonymous with the "100-year flood."

Base flood elevation. The water surface elevation corresponding to a base flood.

Flood hazard boundary map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary/floodway map and the water surface elevation of the base flood.

Floodplain. Any land area susceptible to flooding.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to land, water and sanitary facilities, structures, and contents of buildings.

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 one (1) foot.

Minimum flood elevation. The base flood elevation established by the Federal Emergency Management Agency on the Flood Insurance Rate Map.

Floor area. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, attic, porches, carports, and garages.

Frontage. The width of a lot as measured where it abuts a public street right-of-way.

Garage sale. See "Yard sale."

Generalized wetland map. A map showing the general locations of wetlands within the jurisdiction of Gordon County.

Governing authority. The governing authority of Gordon County, which is the Gordon County Board of Commissioners.

Grade. The lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure.

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

Highest adjacent grade. The highest natural elevation of the ground surface next to the proposed walls of a structure.

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.

Greenbelt. An open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses and may provide for multi-use trails.

Green building. A structure that is designed, built, renovated, operated or reused in an ecological and resource-efficient manner in accordance with Leadership in Energy and Environmental Design (LEED) standards. Includes the term "sustainable building."

Green space. An open space area not occupied by any structures or impervious surfaces.

Greenway. A linear open space designated as a pedestrian, bicycle or equestrian passage that links parks, natural/cultural resources, and neighborhoods with each other and with populated areas.

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

Ground anchor. Any device at the manufactured house stand designed to secure a manufactured house to the ground.

Groundwater recharge area. An area of the earth's surface where water infiltrates the ground, thereby replenishing the groundwater supplies within an aquifer. Synonymous with aquifer recharge area. Significant groundwater recharge areas are those mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (latest edition). Includes the term "recharge area."

Group home. A use in which domiciliary care is provided with support and supervisory personnel that provide room and board, personal care and rehabilitation services in a family environment for resident handicapped persons, who have physical or mental impairment that substantially limits one (1) or more of such person's major life activities so that such person is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment. However, handicapped shall not include: (1) the current illegal use of, or addiction to either alcohol or a controlled substance; (2) any person whose residency may constitute a direct threat to the health or safety of other individuals or whose tendency would result in substantial physical damage to the property of others; (3) work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration; or (4) persons who are otherwise not deemed to be handicapped as that term is defined under the Fair Housing Act, 42 U.S.C.A. Section 3601 et seq. Includes the term "Family care home."

Guest house. Accessory dwelling unit for use by a bona find nonpaying guest or relative of the occupants of the premises, situated within a detached or semi-detached site-built structure located on the same premises with the principal residence.

Height. The vertical distance of any structure measured from the bottom of the base of the structure at ground level to the highest point of such structure.

Home occupation. Any business occupation or profession conducted entirely within a principal dwelling and carried on only by members of a family residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling for residential purposes.

Hotel. A building or buildings providing guest rooms for the general public with such rooms being designed, intended to be used, or are used as temporary or overnight accommodations for guests in which daily house keeping services are provided such as linen change and general room cleaning and in addition provides such general services as a central telephone switchboard and a registration lobby staffed on a twenty-four-hour daily basis. Access to all rooms shall be provided through one (1) or more common entrances. Guest rooms typically may have coffee machines, small refrigerators, and/or beverage and snack bars but shall not be equipped with cooking appliances. Additional facilities and services such as restaurants, meeting rooms, convention halls, and recreational areas may be provided.

Extended stay hotel. A building or buildings providing guest rooms intended to be used as temporary accommodations for the traveling business executive or other such professional or skilled worker. Guest rooms may be equipped with cooking facilities for food preparation including, but not limited to, stoves and ovens which if so provided are integrated in the original design of the guest rooms. Access to all guest rooms shall be provided through one (1) or more common entrances. Minimum gross floor area for a guest room shall be four hundred twenty-five (425) square feet. Customarily, extended stay hotel guest rooms are rented weekly or monthly and shall not be rented by families seeking temporary affordable housing, with the exception in times of natural disaster relief. The conversion of existing motel buildings to an extended stay hotel use must meet the criteria herein this definition in order to be permitted.

Impervious surface. A manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples include buildings, roads, driveways, parking lots, decks, swimming pools and patios.

Impoundment lot (or "impound lot"). See "Salvage yard."

Industrialized housing. A factory fabricated dwelling or commercial unit built in one (1) or more sections designed to fit together on a permanent foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act and which bears the seal of approval issued by the Commissioner of the Georgia Department of Community Affairs. Includes the term "modular home."

Inert waste landfill. A disposal facility permitted by the Georgia Department of Natural Resources as an inert waste landfill to accept only wastes that will not or are not likely to cause production of leachate of environmental concern limited to earth and earth-like products, concrete, cured asphalt, rocks, bricks, yard trimmings, stumps, limbs, and trees.

Infill. Development of vacant or remnant lands passed over by previous development in the area.

Jurisdictional determination. An official, written statement or map signed by the U.S. Army Corps of Engineers or, in the case of coastal marshlands, the Georgia Department of Natural Resources.

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

Kennel. For the purpose of this ULDC a commercial establishment in which canines or felines are housed, groomed, bred, boarded, trained or sold for a fee or compensation.

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; and construction, rebuilding, or alteration of an existing structure. Land-disturbing activity does not include ordinary maintenance and landscaping activities; yard and grounds maintenance; individual home gardens; repairs or minor modifications to a single-family residence; the cutting of firewood for personal use; or agricultural practices as described in this ULDC.

Landfill. A property operated as a commercial venture for profit or operated by a county or municipality for the disposal of solid waste or any location where a private owner accepts solid waste for compensation from sources other than his own property for disposal. As used herein, the term "solid waste" means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wasters, demolition wastes, abandoned automobiles, dredging wastes, construction waste, and any other waste material in a solid or semisolid state.

Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one (1) 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 surveying markings, indicating that construction activities may occur on a specific plot.

Licensing official. The County Administrator or his designee.

Limited development area. The portion of the water supply watershed not included in the water quality critical area.

Livestock. Including but not limited to cattle, swine, hogs, goats, sheep, chickens, hens, turkeys, ducks, horses, ponies, mules, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals.

Lot. A portion or parcel of land separated from other portions or parcels by description, as on a subdivision plat or record of survey map or as described by metes and bounds, and intended for transfer of ownership or for building development. For the purpose of this ULDC, the term does not include any portion of a dedicated right-of-way.

Lot by default. A lot which was once whole but divided into parts through the acquisition of public property or construction of a public road. Each piece of the once whole lot shall henceforth be considered a separate and independent lot. The lots shall be governed by Section 9.01.02 Nonconforming Lots of Record.

Lot, corner. A lot having frontage on two (2) or more public streets at their intersection.

Lot depth. The average horizontal distance between the front and rear lot lines.

Lot, double frontage or through lot. A lot other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property.

Lot, flag. A lot having only its driveway fronting on a public street, with the result that only the width of the driveway is the frontage of the lot.

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

Lot line (property line). The property boundary, abutting a right-of-way line, or any line defining the exact location of a lot.

Lot of record. A lot which is part of a subdivision plat recorded in compliance with this ULDC in the office of the Clerk of Superior Court after the adoption of this ULDC. Also, a lot which was created either by a legally recorded metes and bounds description or a legally recorded subdivision plat and was in compliance with all County zoning regulations at the time of recording before the adoption of this ULDC.

Lot width. The distance between side lot lines measured at the building line, parallel to the street right-of-way line.

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

Manufactured home. A structure transportable in one (1) or more sections and which is built on a permanent chassis and was originally designed and constructed 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 thereon 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. For the purpose of Section 3.01.00 of this ULDC, a manufactured home shall also include park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

Pre-owned manufactured home. Any manufactured home that has been previously used as a residential dwelling and has been titled.

Manufactured housing development. A contiguous parcel of land, which has been developed into individual lots for the installation of manufactured, industrialized or modular homes. Said lots may either be leased or for sale. Includes the term "Manufactured home park or subdivision."

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

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.

Mixed use development. A single building containing more than one (1) type of land use; or a single development of more than one (1) building and use, where the different types of land uses are in close proximity, planned as a unified complementary, cohesive whole.

Mixed use, horizontal. Two (2) or more different types of uses placed next to each other (but not attached), planned as a unit, and connected together with pedestrian and vehicular access.

Mixed use, vertical. Two (2) or more different uses that occupy the same building, usually on different floors.

Modular home. A factory fabricated dwelling or commercial unit built in one (1) or more sections designed to fit together on a permanent foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act and which bears the seal of approval issued by the Commissioner of the Georgia Department of Community Affairs. Includes the term "industrialized housing."

Motel. A building or buildings providing guest rooms for the general public with such rooms being designed, intended to be used, or are used as temporary or overnight accommodations for guests in which daily house keeping services are provided such as linen change and general room cleaning and in addition provides such general services as a central telephone switchboard and a registration lobby staffed on a twenty-four-hour daily basis. Guest rooms shall not be rented by the same person or persons for a period exceeding thirty (30) consecutive days within a six-month period. Each guest room shall have an individual entrance from outside the building. Guest rooms shall not be equipped with cooking facilities or portable cooking appliances.

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

National geodetic vertical datum. As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

Natural vegetative buffer. A river corridor, or other buffer as required in this ULDC, containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environments of Georgia." Habitats for endangered and threatened species may require human management of a river corridor in order to maintain those species.

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 particles are present.

New manufactured home park or subdivision. For the purpose of Section 3.01.00 of this ULDC, 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 May 7, 1991.

Nonconformity. A lot, structure, or use of land lawfully established prior to adoption of this ULDC, or subsequent amendment to it, but which do not comply with the requirements set forth in this ULDC.

Open space. Any essentially unimproved area of land that is set aside, dedicated, designated, or reserved for the common use by owners, occupants and their guests. Open space may include incidental active recreational facilities. Open space shall not be used for or occupied by a driveway, an off-street parking area, a loading space, a yard, a refuse storage space, or a building.

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 a stormwater pollution prevention 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 stormwater pollution prevention plan or to comply with other permit conditions.

Outdoor festival or event. An outdoor concert, sporting event, festival, attraction or similar event, whether held on private or public property, to which the public-at-large is invited or admitted, with or without charge.

Outside or outdoor storage. The placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations.

Overlay district. A defined geographic area that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category. An overlay district can share the same boundaries with existing zoning districts or can contain only parts of one (1) or more such districts.

Owner. Any person having possession of or control of a sign or owner of record or real property.

Parcel. A piece of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in such manner as to specifically identify the dimensions and/or the boundaries.

Parking area. All property used for off-street parking vehicular aisles and access ways, loading zones, interior and perimeter landscaping, and other outdoor vehicular use areas.

Parking lot. An area or plot of land used for the storage or parking of motor vehicles.

Parking lot island. A strip of property, which separates groups of parking spaces from other groups of parking spaces or internal driveways.

Perennial stream. A stream that flows throughout the year, as indicated by a solid blue line on United States Geological Survey (USGS) seven-minute topographic series maps (scale of 1/24,000).

Performance guarantee. A bond, letter of credit, cash equivalent, or other instrument provided by the developer and approved by the County that insures funds will be available to the County if the required subdivision improvements are not completed.

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

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 this state, any interstate body or any other legal entity.

Personal care home. A building or group of buildings, a facility, or place in which is provided beds and other facilities and services including room, meals and personal care for non-family ambulatory adults for compensation. Personal care homes are categorized as follows:

Family personal care home. A home for adults in a family type residence, non-institutional in character, which offers care to two (2) through six (6) persons.

Group personal care home. A home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven (7) through fifteen (15) persons.

Congregate personal care home. A home for adults which offers care to sixteen (16) or more persons.

Plat. A map, plan or layout, of a county, city, town, lot, section, subdivision or development indicating the location and boundaries of properties prepared by a licensed surveyor or engineer. Includes the term "sketch plat."

Plat, final. The plat of the subdivision, meeting the requirements of these regulations, for recording in the office of the clerk of the superior court of the County.

Planning Commission. The Gordon County Planning Commission.

Planning Department. The Gordon County Building, Planning and Development Department.

Pollution susceptibility . The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from dump sites, animal waste from agricultural operations or pollution generated by other human activities.

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

Potable water. Water suitable for drinking purposes.

Practitioner of profession or occupation. One who by state law requires state licensure regulating such profession or occupation, but shall not include a practitioner who is an employee of a business, if the business pays a regulatory fee.

Primary highway. Any road of the state highway system which is a portion of connected main highways, as officially designated by the Georgia Department of Transportation and approved by the United States Secretary of Transportation pursuant to 23 U.S.C. section 103.

Principal use. The primary purpose for which land or a building is used.

Private club. A non-profit corporation organized and existing under the laws of the state or a fraternal or veterans organization associated with a part of a recognized national fraternal or veterans organization which is organized and operated exclusively for pleasure, recreation and other non-profit purposes and which has (1) At least one hundred (100) members regularly paying dues; and (2) Tax exempt status under the provisions of 501(a) of the U.S. Internal Revenue Code; and (3) Owns or leases a building or space for the reasonable use of its members; and (4) No members or officers, agents or employees of the club receiving compensation directly or indirectly in the form of commissions or other compensation based on the amount of profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its members at an annual meeting or by its governing body out of the general revenue of the club; and (5) No part of the net earnings inuring to the benefit of any shareholder or member; and (6) Been in continuous operation for at least one (1) year prior to the application for a malt beverage and wine license.

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

Protected river. Any perennial river or watercourse with an average annual flow of at least four hundred (400) cubic feet per second as determined by appropriate U.S. Geological Survey documents.

Qualified personnel. Any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.

Recreational vehicle. A vehicular-type portable structure, built on a single chassis, without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use. Examples of recreational vehicles include travel trailers, truck campers, camping trailers, and self-propelled motor homes. For the purpose of Section 3.01.01 of this ULDC, a recreational vehicle shall be defined as above and shall also mean a vehicle that is four hundred (400) square feet or less when measured at the largest horizontal projection.

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.

Residential. Pertaining to the use of land, means premises such as homes, townhomes, manufactured homes, duplexes, condominiums or apartment complexes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein.

Regulatory fees. Payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the County. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph 8 of O.C.G.A. § 36-71-2 or other costs or conditions of zoning or land development.

Reservoir boundary. The edge of a reservoir, defined by its normal pool level.

Resident. A person who resides in the County in excess of six (6) months during the calendar year.

Restaurant. Any public space kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without requiring the rental of sleeping accommodations, and which holds a valid food service permit issued by the Gordon County Board of Health; the place must have adequate and sanitary kitchen and dining room equipment and provide at least one (1) full course meal per day being served for not less than three (3) days a week, for at least nine (9) months each calendar year; and the serving of such meals must be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto. Alcoholic beverages shall only be served during such times as full course meals are available.

Retail business. A business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities or broken lots or parcels and not in bulk and not for resale.

Retail package. Sales of alcoholic beverages or wine packaged to go and not for consumption on the premises.

Right-of-way. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded or otherwise established for the use as a public street, road, thoroughfare, crosswalk, pipeway, drainage canal and/or other similar uses and designated by means of right-of-way lines.

Right-of-way line. The dividing line between a lot, tract or parcel of land and a contiguous right-of-way.

River/stream bank. The rising ground, bordering a river or a stream, which serves to confine the water to the natural channel during the normal course of flow.

River corridor. All land, inclusive of islands, in areas of a protected river, which serves to confine the water to the natural channel during the normal course of flow. Because stream channels move due to natural processes, the river corridor may shift with time. For the purpose of these standards, the river corridor shall be considered to be fixed at its position at the time of adoption of the river corridor protection plan. Any shift in the location after that time will require a revision of the boundaries of the river corridor at the time of comprehensive plan review by the Georgia Department of Community Affairs.

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 (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Rezoning action. To change the zoning classification of a parcel of land. A proposed rezoning action requires review by the Gordon County Planning Commission and review and approval by the Gordon County Board of Commissioners.

Salvage yard. Any such use involving the storage or disassembly of impounded, wrecked or abandoned automobiles, trucks, or other vehicles; storage, baling or otherwise dealing in iron, steel, brass, copper, zinc, or their alloys, or any other base metals which are commonly bought for the purpose of resale and refabrication; storage, baling, or otherwise dealing in scrap metal, commercial/residential appliances, used paper, used cloth, used plumbing fixtures and used brick, wood, or other building materials. Such uses shall be considered salvage yards whether or not all or part of such operations are conducted inside a building or in conjunction with, addition to, or accessory to, other uses of the premises. Includes the terms "junk yard" and "flea market."

Scrap. Scrap iron and scrap steel or other base metals and secondhand materials which are only fit for remanufacturing or reprocessing without reference to whether it is new or old. Scrap metal and glass having no commercial value except for remelting purposes shall be considered scrap.

Scrap yard operator or scrap dealer. Any person or his agent engaging, in a fixed location, in the purchase of scrap iron or steel and other base materials for the purpose of cutting or baling or otherwise preparing the same for sale to mills for remelting, with only incidental residual transfer on a retail basis.

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.

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

Sensitive natural areas. Any area, as identified now or hereafter by the Georgia Department of Natural Resources, which contains one (1) or more of the following:

(1)

Habitat, including nesting sites, occupied by rare or endangered species;

(2)

Rare or exemplary natural communities;

(3)

Significant landforms, hydroforms, or geological features; or

(4)

Other areas so designated by the Georgia Department of Natural Resources and which are sensitive or vulnerable to physical or biological alteration.

Setback, front. The minimum required distance between the street right-of-way and the front exterior wall of the principal building or structure on a lot.

Setback, side or rear. The minimum required distance between the property line and any structure, measured from the back or side property line.

Shopping center. Six (6) or more commercial establishments planned and managed as a single unit with common off-street parking and loading facilities provided on the property.

Sign. Any object, device, display, or structure, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination or projected images.

Awning or canopy sign. A sign that is affixed to, imposed upon or painted on an awning or canopy attached to a wall. Such signs shall be mounted flush so that a continuous face with the awning or canopy is formed. See also "Under Canopy Sign" definition.

Banner. Any sign having characters, letters, or illustrations applied to cloth, paper, or fabric of any kind, with only such material as backing, which is mounted to a pole or building by one (1) or more edges. National, state, or municipal flags or the official flag of a business or institution shall not be considered a banner.

Business sign. An attached or freestanding structure which directs attention to a business or profession conducted as a rule on the premises.

Changeable copy sign (manual). A sign on which copy or sign panels may be changed manually in the field such as boards with the changeable letters or changeable pictorial panels.

Commemorative sign. A sign which identifies a site of memorable public interest.

Construction site sign. Any sign advertising the construction actually being done on the premises where the sign is located. The sign may also include the contractor's name, the owner's name, the architect's name and the name of the institution providing financial services.

Directional sign. Providing instructions for travel to or indicating the location of a place or event, whether by words, arrows or other symbols.

Electronic sign. A sign whose message may be changed at intervals by electronic process, including digital technology, or by remote control, including the device known as a commercial electronic variable message sign.

Flag. A usually rectangular piece of fabric of distinctive design that is used as a symbol of a government, as a signaling device, or as a decoration.

Flashing sign. Includes illumination which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting effects. Excludes illuminated signs which indicate only time and/or temperature provided that such time/temperature signs do not change or alternate messages more than twelve (12) times a minute.

Freestanding entrance sign. Any sign placed at the intersection of a public street and a public or private entryway into single-family or multi-family residential developments, private schools, or religious institutions in a residential zoning district.

Freestanding general business sign. Any sign, excluding a billboard, supported by uprights or braces which are permanently placed into the ground, and not supported by or suspended from any building. Includes the terms "pole sign," "hanging sign," "monument sign," and "ground sign."

Freestanding outdoor advertising sign. Any sign that directs attention to a business, commodity, service or entertainment typically conducted, sold or offered at a location other than the premises on which the sign is located. Includes the term "Billboard."

Hanging sign. A freestanding sign supported by the extended arm or a single post.

Identification sign. Any sign which indicates the name, owner or address of a residence, office or business, but bearing no advertising.

Illuminated signs, direct. A sign designed to emit light.

Illuminated signs, indirect. A sign on which light is cast from a source other than the display area.

Inflatable advertising devices. Includes air or gas filled signs, figures or balloons used for advertising purposes.

Instructional sign. A sign conveying instructions to the public, such as entrance, exit, open, closed, no trespassing, etc. Also includes vehicular use area traffic rules on private property. Commercial messages, as part of the display area, are not allowed except for the use of the business name and/or logo.

Interior sign. Signs intended to be viewed from the interior of a building.

Internally illuminated signs. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes located within the interior parts of the sign.

Monument or ground sign. A freestanding general business sign, other than a pole sign or hanging sign, that is permanently mounted on an enclosed base that is in contact with the ground. The maximum size standards of a monument or ground sign, as prescribed in Chapter 5 of this ULDC, are based on the combined measurements of the sign area and the sign base.

Nonconforming sign. Any lawfully erected sign established prior to the adoption of this ULDC, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section.

Permanent sign. Any sign attached to land or a building roof, wall, awning, canopy, etc., by means of concrete, bolts, metal braces, wood, etc., and has a valid sign permit.

Pole sign. A freestanding general business sign, other than a hanging sign or monument sign that is mounted on a freestanding pole, pylon or other support.

Portable display sign. Any sign not permanently affixed to the ground, including signs mounted or designed to be mounted on a trailer-type frame or portable wood or metal frame. Portable display signs are not included in the definition of freestanding signs.

Projecting sign. A sign which is attached perpendicular to a building and extends horizontally from the plane of the building wall. Includes the term "shingle sign."

Sandwich or sidewalk sign. Any sign, double- or single-faced, which is portable and may readily be moved from place to place.

Sign area. The entire face of a sign, including the advertising surface and any framing trim, or molding but not including the supporting structure.

Sign height. The measure in linear feet from the highest point on the sign to the unaltered elevation of the ground at the base of the sign or directly beneath the sign. At the election of the permit holder, the height of a sign may be measured from the highest point on the sign to the level of the nearest road from which the sign is intended to be viewed.

Temporary sign. Includes but is not limited to banners, flags, streamers, and trailer signs.

Under canopy sign. A sign attached to the underside of a canopy or awning. Includes the term "soffit sign."

Wall sign. A sign fastened to the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project above the top of the wall, beyond the end of the building or more than twelve (12) inches from such building.

Window sign. Any sign displayed to an outside observer on or through a window or covering a window, which may include a door.

Yard sale sign. Any sign pertaining to the sale of personal belongings on any rural or residential zoned property. Includes the term "Garage sale sign."

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

Site plan. The development plan for one (1) or more lots or parcels on which is shown the existing and proposed conditions of the lot(s) or parcel(s) including all of the requirements set forth in this ULDC.

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.

Soil and Water Conservation District Approved Plan. An erosion and sedimentation control plan approved in writing by the Coosa River Soil and Water Conservation District.

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.

State approved professional. Any independent individual licensed, registered, or certified by the State of Georgia, and through education or training is licensed by the state to render qualified decisions or representations, and assumes full responsibility and liability for those decisions or representations.

State general permit. The National Pollution Discharge Elimination System general permit or permits for stormwater 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).

State minimum standard codes. The State Minimum Standard Codes enumerated in subdivisions (9)(B)(I) through (9)(B)(I)(VII) of O.C.G.A. § 8-2-20.

State waters. 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 the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Stormwater management. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, stream bank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

Street. A right-of-way which provides vehicular access to abutting property.

Alley. A street which affords only a secondary means of access to the back or side of abutting property, and is not intended for general traffic.

Collector street. A street which is designated as such on the Gordon County Transportation Plan and which is intended to collect traffic from local streets and direct it safely to minor or major arterial streets. A collector may also provide direct access to adjacent properties.

Cul-de-sac. A local street with only one (1) outlet, closed and terminated with a permanent vehicular turnaround.

Dead-end street. A street having only one (1) end open for access to another street, and other end being abruptly terminated with no turnaround.

Frontage road or marginal access street. A street generally parallel to and adjacent to an arterial street providing access to abutting properties and protection from through traffic.

Interstate. A street which is designated as such on the Gordon County Transportation Plan and is intended to serve corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel. Includes the term "interstate principal arterial." For the purpose of this ULDC, the term "Interstate" shall mean Interstate 75, also known as I-75.

Local street. A street which is designated as such on the Gordon County Transportation Plan and which is intended to serve a limited area for local circulation and whose primary function is to provide direct access to adjoining properties.

Major arterial street. A street which is designated as such on the Gordon County Transportation Plan and which is intended to provide swift and safe movement of traffic through the County. Includes the term "principal arterial."

Minor arterial street. A street which is designated as such on the Gordon County Transportation Plan and which is intended to provide easy and convenient traffic movement within the County.

Private street. A street which is privately owned and maintained, and over which the general public has no right of use.

Public street. Right-of-way dedicated to Gordon County held or owned by the County for public street purposes.

Stub street. A dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas.

Structure. Anything constructed or erected, installed or portable, the use of which requires location on the ground, or attachment to something having location on the ground. For the purpose of Section 3.01.00 of this ULDC, a "structure" shall also include a gas or liquid storage tank.

Historic structure. Any structure that is: listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register of Historic Places; 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 of the Interior to qualify as a registered historic district; individually listed on a state inventory of historic places and determined as eligible by the state; individually listed on a local inventory of historic places and determined as eligible by the Gordon County Historic Preservation Commission.

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, sediment traps and land grading, etc. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia."

Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, parcels, building sites, or other divisions for the purpose, whether immediate or future, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership.

Major subdivision. A subdivision of land which results in the creation of five (5) or more lots.

Minor subdivision. A subdivision of land which results in the creation of four (4) or less lots and does not result in the creation of any public or private street.

Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements of a structure, taking place during the life of a building in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

Surety bond. One (1) of the following: cash bond, irrevocable letter of credit or a bond issued by a licensed surety authorized to do business in the State of Georgia in the amount of ten thousand dollars ($10,000.00).

Surface water. Any river, creek, stream, or body of water that is not manmade.

Sustainable development. Development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economics depend.

Telecommunications facilities. Antennas and towers, either individually or together.

Timber. Softwood or hardwood trees and logs, pulpwood, chip-n-saw, saw timber, poles, posts, or fuelwood for which the Georgia Department of Revenue requires the filing of form PT-283T.

Timber operations. Buying, cutting, harvesting and/or hauling timber in Gordon County for commercial or profit making purposes.

Tower. A structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment (alternative tower structure), on which is located one (1) or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

Tower sites. An area within the County where the construction, erection and maintenance of a tower is permitted.

Traditional town center or village. A pedestrian and vehicular accessible mixed use development with a discernible center, often a civic space or busy commercial area, surrounded by a variety of dwelling types that are generally within a five-minute walk (¼-mile or one thousand three hundred twenty (1,320) feet) of the center.

Travel trailer/recreational vehicle. A vehicular-type portable structure, whether self-propelled or pulled by a power unit, designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a "camper" or "travel trailer" or "recreational vehicle."

Trout streams. All streams or portions of streams within the watershed as designated by the Game and Fish 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 et seq. 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.

Urban sprawl. Low-density, automobile dependent residential development that can occur in rural or undeveloped land typically beyond the edge of service and employment areas.

Used or occupied. The purpose or activity for which land or buildings are designed, arranged, intended, or occupied and maintained. Used and occupied include the words "arranged, designed or intended to be used," and the word "occupied" shall be deemed to include the words "arranged, designed or intended to be occupied."

Utility. Any community service available to the public by means of an overhead or underground distribution or collection system such as electricity, telephone, water, gas, cable television and sewerage disposal.

Public water and sewer system. Refers to public water distribution and wastewater collection systems, and all component parts, equipment, and structures necessary to provide such services.

Private water and sewage system. A system owned and operated by an individual or a community corporation serving two (2) or more premises and approved by the Georgia Department of Natural Resources, Environmental Protection Division.

Variance. A grant of relief from the requirements of this ULDC which permits construction in a manner otherwise prohibited by this ULDC where specific enforcement would result in unnecessary hardship.

Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(A)

Permanent seeding, sprigging or planting, producing long-term vegetative cover; or

(B)

Temporary seeding, producing short-term vegetative cover; or

(C)

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."

Visible. Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

Visibility triangle. The area of land described as either of the following:

(A)

The triangular area of property on each side of a driveway formed by the intersection of the driveway and the public right-of-way line and the third side being a line connecting the ends of the two (2) other sides; or

(B)

The triangular area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the two (2) other sides.

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.

Water quality critical area. The portion of the water supply watershed nearest a governmentally owned public drinking water intake or water supply reservoir. See also Section 3.02.03(B) to determine boundaries of a water quality critical area.

Water supply watershed. The drainage area (watershed) of lands upstream of a governmentally owned public drinking water intake or water supply reservoir.

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

Generalized wetlands. The data sets contained on the current U.S. Fish and Wildlife Service National Wetlands Inventory maps.

Wetland delineation. The establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the corps.

Wetland protection district. All wetlands within the jurisdiction of the County and shown on the generalized wetland map.

Wholesale business. A business primarily engaged in the selling of goods or articles in gross to retailers or jobbers for resale and not to the ultimate consumer.

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

Front yard. That area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.

Rear yard. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot.

Side yard. The area extending from the front building line to the rear building line between the side lot line and the side building line. Any lot line not a rear line or a front line shall be deemed a side line.

Yard sale. The occasional sale of personal belongings on property occupied by the owners of said belongings. Includes the term "garage sale."

Zoning decision. The decision made by the Gordon County Board of Commissioners to approve or deny a proposed rezoning action.

Zoning district. The use classification of parcels of land as generally defined under this ULDC.

(Res. of 12-20-11)