When used in this chapter, the following words and phrases shall have the meaning given in this article. Terms not herein defined shall have their customary dictionary definitions where not inconsistent with the context. The term "shall" is mandatory. When not inconsistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

Abandoned sign: A sign shall be considered abandoned when the sign owner is no longer in operation or does not have a current occupational tax certificate and/or business license in effect.

Abutting: Having property or district lines in common or having property separated by only an alley.

Access easement: An easement, as defined herein, devoted to vehicular access which affords a principal means of access to abutting property or properties but which is not necessarily open to the general public and which is not necessarily improved.

Accessory building: A building which is subordinate to and serves a principal building; is subordinate in area, extent or purpose to the principal building served; contributes to the comfort, convenience or necessity of occupants of the principal building and is located on the same lot as the principal building.

Accessory equipment: Any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, storage sheds and shelters.

Accessory use: The use of land that is subordinate to, incidental to and customarily found in connection with the principal use allowed on a lot by the applicable resolution, ordinance, or law.

Acre: 43,560 square feet of area.

Acre-foot: The volume that would cover one acre to a depth of one foot.

Administrative officer: The director of the planning and development department or his designee. The term also includes planning director and planning coordinator.

Administratively granted authorization: A review process whereby the planning department may authorize/approve an applicable permit and that does not require a public hearing or vote by the planning commission or board of commissioners.

Advertising sign/billboards/outdoor advertising: Any structure, or portion thereof, on which lettered, figured pictorial matter, illuminated or non-illuminated, is displayed for advertising purposes, identification, description, or illustration to the general public.

Aggregate sign area: The area of all signs on a parcel.

Agriculture: The cultivation or growth of a field or horticultural crop, including dairying, livestock and poultry raising, aquaculture, forestry and other similar enterprises or uses. The process of producing food, feed, fiber, fuel and other goods by the systematic raising of plants and animals.

Airport: Any area of land, water or mechanical structure which is used for the landing and takeoff of aircraft including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.

Alley: A public way which affords a secondary means of access used primarily for vehicular service access to the back or side of properties otherwise abutting on a street and is not intended for general traffic circulation.

Alteration: Any change in the supporting members of a building, any modification or change in construction, any addition which increases the area or height, any change in use from that of one district classification to another or movement of a building from one location to another.

Animal hospital: A facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

Animated sign: A sign or part of a sign that uses movement or change of natural light, artificial light, color effects, or physical position by any means whatsoever to depict action or create a special effect or scene or give the impression of movement. The term "animated sign" does not include signs which indicate time, temperature or date or signs which rotate less than five times per hour.

Antenna: Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services.

Antique shop: A store or shop for the sale of relics, objects of ancient times or of an earlier period, works of art, pieces of furniture or decorative objects made at a much earlier period than present.

Apartment house: A multi-family dwelling located on a parcel of land under a single ownership designed for use by three or more housekeeping units living independently of each other and doing their own cooking on the premises.

Applicant: Anybody submitting an application for a permit or other approval under this chapter.

Area of a sign or sign area: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character together with any frame, other material, open space or color forming an integral part of the display or used to differentiate such writing, representation, emblem or any figure of similar character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area.

Art gallery: A facility, structure or building used for the display of sculptures, paintings, photographs or other artistic works for public viewing with only incidental sales.

Awning/canopy sign: A sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.

Bakery/bake shop: The use of a structure or building for the production and retail sale of bakery products including, but not limited to, breads, cakes, pastries and doughnuts. Wholesale bakeries are not included in this definition.

Banner: A temporary flag, bunting, pennant, streamer or other flexible sign characteristically hung on a building or a pole or otherwise suspended down or along the face of a building or across any public street of the county. The banner may or may not include copy or other graphic symbols but is intended to display a message of temporary significance or garner the attention of the passing public. The term "banner" does not include flags of the United States of America or any of its several states' flags which are specifically excluded hereby from regulation by this article so long as said flags are of standard size and height.

Basement: A story of a building located wholly or partly underground but having less than one-half of its height above the average grade.

Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone as the light source; also, any light with one or more beams that rotate or move.

Bed and breakfast inn: A business establishment operated within a dwelling by the owner-occupant, offering one to six units for temporary lodging and one or more meals to the traveling public while away from their normal places or residence. For the purposes of this chapter, a bed and breakfast with seven rooms or greater shall be considered a hotel.

Berm: An earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees.

Billboard sign: A stanchion sign with a sign area between 100 square feet and 150 square feet, the maximum square footage for signage within the county.

Block: A piece or parcel of land entirely surrounded by public streets (other than alleys), river, streams or U.S. Government property, regardless of size, shape or number of lots therein.

Board: The board of commissioners of Habersham County, Georgia; also referred to as local governing authority or governing body.

Board designee: Staff member or his designee employed by the county.

Boarding house: A building where, for compensation, both lodging and meals are provided for persons, provided that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

Broadcasting studio: A room or suite of rooms operated as a radio or television broadcasting studio or station with local broadcast capability or intended for satellite distribution of programs.

Buffer, planted: A landscaped open space and/or screen located between incompatible land uses for the purpose of visibly separating uses through distance and to shield or block noise, light, glare, visual or other nuisances; that portion of a given lot not covered by buildings, pavement, parking, access and service areas established for the purpose of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extending the developed portion of the common property line.

Buffer, natural: A buffer consisting of trees, shrubs and other natural vegetation for ground stabilization undisturbed by grading or site development and/or replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buffer yard: a unit of land together with required landscaping which may be required between land uses to eliminate or minimize conflicts between them.

Buildable area: The portion of a lot remaining after required yards, buffers and building setbacks have been provided.

Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built or used as a shelter or enclosure for persons, animals or property of any kind including tents, awnings or vehicles used for purposes of a building.

Building 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 firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load bearing walls is new construction.

Building, elevated: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), sheer walls or breakaway walls.

Building line: The perimeter of that portion of a building or structure nearest a property line but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. Porches, decks, roof overhangs greater than 30 inches and similar features are considered a part of the building or structure for the purpose of determining building line and setbacks.

Building marker: Any sign indicating the name of a building, the date and incidental information about its reconstruction and is cut into masonry surface or made of bronze or other permanent material.

Building sign: Any sign attached to any part of a building to identify or indicate the name or address of the building.

Business/office center or complex sign: A sign located on a single parcel of land which is planned, developed and managed as a unit by a single owner or landlord on contiguous lots containing three or more businesses or establishments including all types of retail, wholesale, industrial and services which provide parking facilities.

Building, principal: A building or structure in which is conducted the main use of the property on which the building or structure is located.

Building setback line: A line establishing the minimum allowable distance between a building including any covered porches and the street right-of-way, edge of private road or property line when measured perpendicularly thereto. In cases where no right-of-way has been documented or established, the required front building setback shall be measured from a point ten feet from the existing construction limits of the road when the road lies within a public street right-of-way or private road.

Bulk: A term used to describe the size and shape of a building or structure and its relationship to other buildings to the lot area for a building, and to open spaces and yards.

Bus terminal: An area and building where buses stop to load and unload passengers and luggage or packages and which may include the sale of bus tickets.

Campground: Land containing two or more campsites which are located, established or maintained for occupancy by people in temporary lodging units such as camp tents or cabins for recreation, education or vacation purposes. Recreational vehicles may constitute as many as 25 percent of the total temporary lodging within the campground.

Canopy: Any permanent roof-like structure including awnings and marquees projecting beyond a building or extending along and projecting beyond the wall of a building generally designed and constructed to provide protection form the weather.

Canopy sign: Any sign attached to or made part of the front, side or top of a canopy, awning or marquee.

Car wash: An establishment engaged in the business of washing domestic vehicles with self-serve, automated or staffed facilities.

Carport: An accessory structure or portion of a principal structure consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides and designed or used for the storage of motor vehicles.

Centerline of street or road: That line surveyed or designated by the governing body as the center of a street or road. If a centerline has not been surveyed or designated, it shall be the line running midway between the outside curbs, ditches or pavement ends of such street or road.

Certificate of occupancy: A legal statement or document issued by the building official or authority having jurisdiction (AHJ) indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations.

Changeable copy sign:

(a)

Automatic changeable copy sign (ACCS) means a sign on which the copy changes automatically or by remote control. The term "ACCS" includes mechanically-operated devices which change the copy through rotation of any type of panel and also signs which are illuminated partially or entirely by a matrix of electric lamps that are electronically changeable. An ACCS must contain a default design that will freeze the sign in one position if a malfunction occurs.

(b)

Manual changeable copy sign means a sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.

(c)

Smartboard means a sign, display or device that changes the message or copy on the sign by means of a liquid crystal display. Smartboards may not incorporate animation or scrolling in the copy or change of copy. Notwithstanding other transition regulations, each message, displayed on a smartboard when changed must be accomplished within an interval no greater than one second. Smartboard signs must contain a default design that will freeze the sign in one position if a malfunction occurs.

Changing sign/electronic message board: A sign that is capable of changing the position or format of word messages or other displays on the sign and that can also change the visible display of words, letters, numbers, symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light apertures or other methods when such changes are actuated by a control mechanism rather than manually whether or not the message appears to move across the sign face. A sign that changes no more frequently than once every 24 hours shall not be considered a changing sign. A changing sign shall include electronic message boards and changeable copy signs.

Circus: The temporary use of land offering entertainment and instruction in the form of such things as thrill rides, games of chance and skill, educational exhibits, display of oddities and the like. The term also includes carnivals and fairs.

Club: A building or facility owned or operated by a group for social, educational or recreational purposes but not customarily for profit or to render a service that is customarily carried on for financial gain.

Collocation: The placement or installation of new wireless facilities on previously approved and constructed wireless support structures in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of related accessory equipment within an existing equipment compound.

Compatibility: The characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled and such environmental affects as noise, vibration, odor, glare, air pollution, or radiation.

Commercial use: Any nonresidential or industrial use not defined as a residential use in this section.

Comprehensive plan: Those coordinated plans or portions thereof which have been prepared by or for the governing body for the physical development of the jurisdiction or any plans that designate regulations or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare or any plan by a regional development center covering the center's region proposed or prepared pursuant to be minimum planning standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department of community affairs in accordance with O.C.G.A. §§ 50-8-1 through 50-8-12. (Note: this is the same definition as used in O.C.G.A. § 50-8-2.)

Conditions to zoning approval: A requirement adopted by the governing body at the time of approval of a rezoning or conditional use which places greater or additional requirements or restrictions on the use and development of the subject property than provided in this zoning ordinance and is designed to ameliorate the negative effects of the rezoning or conditional use on neighboring properties and to protect the public health, safety or general welfare.

Conditional use: A use which would not be appropriate without restriction throughout a land use intensity district and is not automatically permitted by right within a land use intensity district but which may be permitted within a land use intensity district subject to meeting specific conditions (such as controls on number, size, area, location and activities) contained in this chapter or required by the governing body. Such uses may be permitted only if approved by the governing body in accordance with the regulations established herein.

Condominium: A building or complex of multiple-unit dwellings in which a tenant holds full title to his unit and joint ownership in the common grounds.

Contractor's establishment: An establishment engaged in the provision of construction activities including, but not limited to, plumbing, electrical work, building, paving, carpentry and other such contracting activities including the storage of materials and the overnight parking of commercial vehicles.

Convalescent home: A home for the care of children or the aged or infirmed or a place of rest for those suffering bodily disorders wherein two or more persons are professionally cared for.

Convenience store: A small retail store, 10,000 square feet or less, which sells convenience items as its primary sales. A convenience store may include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.

Conversion: Any change in the original use or purpose of a building or lot to a different use.

Copy: The wording or graphics on a sign surface in either permanent or removable form.

Corridor Overlay District: All that land which is wholly located within 500 feet of the right-of-way centerline for Highway 365 and Highway 441 within Habersham County and the entirety of each parcel for which more than 50 percent of the property lies within the designated Corridor Overlay District.

County or Habersham County: Unincorporated Habersham County, Georgia.

Crest: The highest part of a hill or mountain range.

Cul-de-sac: A street having one end open to traffic and being permanently terminated by a vehicular turn-around.

Curb cut: A provision for vehicular ingress and/or egress between property and an abutting street or road.

Day care center: A child care facility, pre-kindergarten, play or other special school for young children (other than at public or private elementary schools) providing, for compensation, care and maintenance to seven or more children under age 17 for a period of 12 hours or less, typically during normal daytime hours. A day care center of six children or less is considered to be a residential business.

DBH/Diameter at Breast Height: A term used in measurement of tree trunk diameter.

Density: The number of dwelling units developed or to be developed per gross acre of land or the gross square footage of a building per acre of land.

Department: The Habersham County Planning and Development Department.

Development: Any 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.

Developmentally-disabled person: A person with a disability resulting in substantial functional limitations in such person's major life activities which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism or is attributable to any other condition related to mental retardation because such condition results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally-retarded persons.

Directional sign: An unofficial or non-standard traffic control sign intended to direct or regulate the movement of traffic and/or pedestrians. This includes, but is not limited to, "enter," "drive through" and directional arrow signs. These signs may be freestanding or mounted on a building.

Director: The administrative officer.

District, land use: A geographical area or areas designated with the use of symbols on the official land use map wherein performance standards regarding type, size, height and other limitations on structures are established in this chapter.

Divided highway: Any state or federal route which has four or more travel lanes with a median dividing the directions of travel.

Double-faced sign: A sign which has two display areas placed back to back against each other or where the interior angle formed by the display areas is 60 degrees or less where one face is designed to be seen from one direction and the other face from another direction.

Drive-in: A retail or service enterprise wherein service is provided to the customer within a motor vehicle on the outside of the principal building.

Drive-in theater: A facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile.

Driveway: A type of access or easement for local access to one or a small group of structures and is owned and maintained by an individual or group.

Driveway, shared: A paved or gravel private road that may serve no more than four dwelling units or lots and does not connect thoroughfares. Shared driveways shall not be maintained by the governing body.

Dry cleaners: An establishment engaged in providing laundry, dyeing and dry-cleaning services to individual customers.

Dry cleaning plant: An establishment engaged in providing laundry, dyeing and dry-cleaning services on a large scale for institutions, businesses, or other such establishments.

Dual-faced sign: A sign containing two or more faces.

Dwelling: A building other than a motor home or travel trailer that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation but not including units in hotels or other structures designed for transient residence.

Dwelling, multi-family: A building, under single ownership, designed for or occupied exclusively by three or more single housekeeping units with separate kitchen or housekeeping facilities for each family or housekeeping unit, including apartment houses, row houses, town houses and similar housing types but not including motels, hotels, lodging houses, hospitals, nursing homes or public institutions such as prisons and mental institutions.

Dwelling, single-family: A building designed or arranged to be occupied by one single housekeeping unit only.

Dwelling, two-family (duplex): A building designed or arranged to be occupied by two single housekeeping units living independently of each other.

Easement: A grant of one or more of the real property rights by the owner to or for the use by the public, a corporation or another person or entity.

Easement, ingress/egress: An easement devoted to vehicular access which affords a principal means of access to abutting property or properties which are not necessarily open to the general public which is used in specific instances of subdivision of land and to comply with section 68-613 of this chapter.

Easement, prescriptive: An implied easement that gives the easement holder a right to use another person's property for the purpose the easement holder has used the property for a certain number of years but does not convey the title to the property in question, only the right to utilize the property for a particular purpose.

Electric sign: A sign containing electrical wiring but excluding signs illuminated by an exterior light source.

Equipment compound: An area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located.

Electromagnetic interference: The result of electromagnetic radiation which is emitted by electrical circuits carrying rapidly changing signals as a by-product of their normal operation and which causes unwanted signals (interference or noise) to be induced in other circuits. This interrupts, obstructs or otherwise degrades or limits the effective performance of those other circuits.

Exemption plat: A plat drawn to final specifications mapping the division of land which can be administratively approved by the administrative officer without the requirement to be considered by the Habersham County Planning Commission.

Expressway: For the purposes of this chapter, refers to the State Hwy 365 from the Hall County line to the Stephens County line and Expressway 441 from the 365/441 split to the Rabun County line.

Exterminator: An establishment engaged in the service of killing insects, mice, rats or other pests.

FAA: The Federal Aviation Administration or its duly designated and authorized successor agency.

Family: An individual or two or more persons if related by blood, marriage, adoption or guardianship and not more than four unrelated persons occupying a single-dwelling unit and using the same cooking facilities. A family shall also include a personal care home of not more than six persons receiving personal care and two supervisory residents.

Farm: An area of land principally devoted to agriculture.

Farm supply store: An establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

FCC: The Federal Communications Commission or its duly designated and authorized successor agency.

Fence: A structural barrier for enclosure, screening or demarcation, composed of wood, masonry, stone, wire, iron or other material approved by the department but not to include hedges, shrubs, trees or other natural growth, presenting a solid face or having openings amongst or between its constituent members; also a wall separate from or extending from a building; also when fencing is required for the purposes of screening a use from view, the finished side of the fence shall face the outside of the property.

Flag: Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision, or other entity.

Flashing sign: A sign of which the illumination is not kept constant in intensity at all times when in use or which exhibits sudden or marked changes in lighting effects. Changeable copy signs permitted in accordance with section 68-916(h) shall be exempted from this definition.

Flood, base: The flood having a one percent chance of being equaled or exceeded in any given year; also known as the 100-year flood.

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

Flood hazard area, special: Special flood hazard areas are those lands subject to periodic flooding and shown on the flood insurance rate map and/or flood hazard boundary map as a numbered or unnumbered "A" zone.

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 designated 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 containing flood profiles as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood plain: An area within the flood contour elevations subject to periodic flooding as designated by federal, state, regional, county or local studies.

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 foot.

Floor: The surface on which people walk of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Floor area: The gross heated, finished horizontal area of the floor or floors of a dwelling unit exclusive of basement, attic, carport or garage.

Forestry: The management of forest lands for wood, forage, water, wildlife and recreation. The farming of trees to ensure a continuing supply of timber and other forest products.

Freestanding sign: A sign securely affixed to a support structure which is permanently attached to the ground and wholly independent of any building for support, such as monument or stanchion signs.

Fringe: At the outer edge of developed areas and/or property lines.

Front of building: The exterior wall of a structure parallel to the public way.

Frontage property: The length of the property line(s) of any single premise along either a public way or other properties on which it borders.

Functionally-dependent facility: A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding or ship repair but not including long-term storage, manufacture, sales or service facilities.

Furniture finishing and repair: An establishment engaged in the stripping, cleaning, painting, staining, sealing, varnishing or other like refinishing of the wood or metal components of furniture or the replacement or repair of broken or missing portions of a piece of furniture.

Garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use.

Governing body: The Habersham County Board of Commissioners.

Greenhouse: A building designed or used for growing or propagating plants with walls or roof usually designed to transmit light. Greenhouses shall not be construed to include commercial horticultural activities.

Guesthouse: A lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

Habitable structure: A space in a building for living, sleeping, eating and cooking for humans.

Hazardous waste: Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3. (Note: This is same definition as used in the Georgia Hazardous Waste Management Act.)

Health department: The county Health Department of Habersham County, Georgia.

Height, wireless support structure: The distance measured from the pre-existing grade level to the highest point on the structure, even if said highest point is an antenna.

Height, building: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Grade is defined as the average elevation of the ground on all sides of a building.

Heliport: An area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Helistop: A heliport but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Home occupation: A detached single-family dwelling where a use, occupation or activity is conducted entirely within the dwelling by the residents thereof and does not change the residential character thereof.

Home occupation sign: A wall sign for a legally existing home occupation, rural business or residential business.

Hospital: An institution providing health services for in-patients and medical or surgical care of the sick or injured including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel: A public commercial lodging facility intended for use as temporary residence including meals, entertainment and various personal services provided for compensation to persons traveling for business, tourism or other visitation purposes in which ingress and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

Illuminated sign: A sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.

Impervious surface: A manmade structure or surface which prevents the infiltration of storm water into the ground below the structure or surface including, but not limited to, buildings, roads, driveways, parking lots, decks, swimming pools and patios.

Inoperable vehicle: Any motorized vehicle, other than those vehicles characterized by temporary disrepair, incapable of immediately being driven. Any motorized vehicle without a current vehicle registration tag shall be considered an inoperable vehicle.

Intensity: A measure of the degree to which land is developed based on density, use, mass, size, impact and traffic generation.

Junk/salvage yard: Any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery; the abandonment, storage, sale or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and other old household appliances, used brick, wood or other building/structural materials, used paper, rags or other scrap materials.

Kennel: The housing, breeding, boarding or training of four or more dogs, cats or other domestic animals for the purpose of providing income or revenue.

Laboratory: A place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of product or products.

Land-disturbing activity: Any grading, scraping, excavating or filling of land; clearing of vegetation; any other alteration of land which causes land and stream bank erosion, siltation or water pollution and any construction, rebuilding or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary timber maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling and the cutting of firewood for personal use.

Land uses, existing: Any land use or land-disturbing activity including all human endeavors directly associated with such use or activity which, prior to the promulgation of the river corridor protection plan, falls within one of the following categories: is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning, all materials have been submitted for approval by the administrative officer, is fully approved by the administrative officer authority, is under construction or is completed.

Landfill: An area wherein solid wastes may be placed but specifically excluding hazardous or radioactive wastes.

Landscape strip: That portion of a given lot not covered by buildings, pavement, parking, access and service areas established as landscaped open space, the width of which is measured from a given property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or side development but shall be maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative planting, berms, walls, fences or other approved features designed and arranged to produce an aesthetically-pleasing effect within and outside of the development.

Landscaping: Changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth as well as preserving the original vegetation.

Landscaping service: An establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting and the planting and maintenance of landscaping.

Laundromat: A business that provides home-type washing and drying machines for hire to be used by customers on the premises.

Library: A building in which literary, musical, artistic or reference materials are kept for use but not generally for sale.

Light emitting diode (LED) sign: Signs containing changing copy; moving signs involving motion or sound; "trivision" type signs; signs displaying moving pictures or images; LED signs; signs with content that changes more than once daily; signs with moving words; signs with waiving elements, whether motorized or wind powered or similar moving signs.

Loading and unloading space: A space, typically with dimensions of 12 feet by 60 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles to be used and accessible to such vehicles.

Local government: The governing authority of a political subdivision.

Local governing authority: A municipality or county that has adopted land use or zoning regulations for all or the majority of land uses within its jurisdiction.

Lodging house: A fraternity house, sorority house, dormitory or other such building designed and occupied with or without separate kitchen or housekeeping facilities for each unit.

Lot: A parcel of land in one ownership legally transferable as a single unit of land occupied or capable of being occupied by a use, building or group of buildings devoted to one or more uses, together with the customary accessory uses, structures, yards and open spaces belonging to the same and having principal frontage on a public street, approved private street or, in the case of nonconforming lots of record not fronting on a public street or approved private road, an access easement complying with section 68-613 of this chapter.

Lot area: The total horizontal area within the lot lines of a lot exclusive of public street rights-of-way, private road rights-of-way and easements.

Lot, corner: A lot abutting upon two or more streets or roads at their intersection. In the case of a corner lot, frontage shall be measured along the longer of the two lot frontages.

Lot coverage: The part or percent of a lot occupied by impervious surfaces.

Lot depth: The mean horizontal distance from the front lot line to the rear lot line.

Lot, double frontage: Any lot other than a corner lot which has frontage on two streets or roads that do not intersect at a point abutting the property. In the case of a double frontage lot, frontage shall be measured along both lot frontages.

Lot, flag: A lot where terrain or geometry makes standard design or access impossible or impractical in which the portion fronting on a public street or approved private street is less than the required minimum width for construction of a building or structure on a lot as set forth in this chapter.

Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any public or private street.

Lot of record: A lot created by a division of land or part of a subdivision of which a plat or deed has been recorded in the records of the county superior court clerk or a parcel of land of which the deed has been recorded in the same office as of the date of adoption of this chapter.

Lot width: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front line at the minimum required building setback line.

Mail order office: An establishment which engages in the taking of requests for mail order or catalog merchandise by telephone but not including the storage or distribution of such merchandise. The establishment where orders are picked up or taken in person is not considered a mail order office.

Major arteries: The major arteries in the county specifically meaning the following: State Highways 441, 365, 255, 197, 17 and 115.

Major street between two streets adjacent to a parcel: The street with the highest daily traffic count.

Mansard: An inclined decorative roof-like projection that is attached to an exterior building facade.

Manufactured 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 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 in the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq. A travel trailer is not to be considered as a mobile home/manufactured home. For the purposes of this chapter, any "relocatable home" as defined by "The Uniform Standards Code for Factory Manufactured Moveable Home Act" (Georgia Laws 1968, p. 415) shall be considered to be included in this definition.

Manufacturing, processing and assembling: The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins or liquors.

Marina: A facility for storing, servicing, fueling and securing and launching of boats and other private pleasure craft.

Menu board: A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window and which has no more than 20 percent of the total area for such a sign utilized for business identification.

Metes and bounds: A system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as a monument or other marker or the corner of intersecting streets.

Mini-warehouse: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized stalls, or lockers used for storage including accessory office and/or night watchman's residence but not including retail sale on the premises, commercial repair or other services, manufacturing, or any other commercial use.

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 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. OCGA 8-2-131[2].

Mobile home/manufactured home park: Premises where more than two mobile homes/manufactured homes are parked for living or sleeping purposes or where spaces or lots are set aside and offered for rent for use by mobile homes/manufactured homes for living or sleeping purposes including any land, building, structure, or facility used by occupants of mobile homes/manufactured homes on such premises. This definition shall not include mobile homes/manufactured homes sales lots.

Modification or modify: The improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound.

Modular home: Any structure or component thereof designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on the building site and which is designed and constructed to conform to the local building code rather than a national housing or construction code.

Monument sign: A freestanding sign mounted directly upon the ground. Such sign may not be attached to or be a part of or supported by the building in or to which the sign applies. A freestanding sign where the base of the sign structure is on the ground. The width of the sign structure can be no more than 120 percent of the width of the base.

Motel: A public commercial lodging facility intended for use as temporary residence including meals, entertainment and various personal services provided for compensation to persons traveling for business, tourism or other visitation purposes, distinguished from a hotel in that ingress and/or egress to and from all rooms is made primarily from an exterior walkway rather than from an interior lobby.

Museum: An establishment engaged in the procurement, care, study and display of objects of historical, educational and cultural value and interest.

Multiple-faced sign: A sign containing three or more faces.

Natural vegetative buffer or buffer area: A river corridor 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 the river corridor in order to maintain those species.

Need: Anything that is technically required for the wireless service to be provided primarily and essentially within the county of Habersham and creates the least physical and visual impact. This does not necessarily mean the internal design standards of the applicant; rather, need relates to the ability of the user-equipment to function as designed.

Net acre: The area, in square feet, which remains after deducting the area under water and other lands dedicated for specific purposes.

NIER: Non-ionizing electromagnetic radiation.

Nonconforming lot of record: A lot of record as defined herein, the area, width, frontage or other characteristic of which fails to meet requirements of the land use intensity district in which it is located or fails to meet other provisions of this chapter.

Nonconforming sign: Any sign that does not conform to the provisions of this chapter.

Nonconforming structure: Any building or structure which does not conform to the regulations governing the bulk, location, height or size of buildings or structures permitted in the district.

Nonconforming use: Any use of land lawfully existing at the effective date of this chapter or as a result of subsequent amendments to this chapter which does not conform to the provisions established herein for the district in which it is located.

Nonprofit activity: An activity, project, operation or enterprise of a temporary nature carried on by a corporation or an organization qualified as an exempt organization under applicable provisions of the International Revenue Code.

Nuisance: Anything that interferes with the use or enjoyment of property, endangers public health or safety or is offensive to the senses.

Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and professional nursing care for compensation but not including hospitals and mental health institutions.

Occupiable structure: A room or enclosed space designed for human occupancy in which individuals currently congregate for amusement, educational or similar purposes and which is equipped with means of egress and light and ventilation facilities.

O.C.G.A.: Official Code of Georgia Annotated.

Open air business: Any commercial establishment that displays products in a non-enclosed area.

Open space, landscaped: That portion or portions of a given lot not covered by buildings, pavement, parking, access and service areas, set aside and maintained as a buffer, landscape strip or other approved open area.

Parcel: A contiguous area of land described in a single description by a deed or other instrument or as one of a number of lots on a plat or plan separately owned and capable of being separately conveyed. A parcel is a unit of land under unified ownership (with or without buildings).

Parking lot: Any public or private open area used for the express purpose of temporary storage of private motor vehicles. A parking lot may be the principal use on a given lot or an accessory use to the principal use on a given lot.

Parking space: An area having typical dimensions of not less than nine feet by 20 feet and 300 square feet including maneuvering space within a parking lot to be used exclusively as a temporary storage space for a motor vehicle.

Pavement: Any finish road/street surfacing treatment.

Permit, sign: A permit issued by the building department prior to the erection of a sign.

Permit, sign completion: A permit issued by the building department after the applicant has finished the erection of a sign in conformance with approved application and standards as set forth herein.

Permitted use: A use by right which is specifically authorized in a particular land use intensity district.

Perennial stream: A stream which flows throughout the whole year as indicated on a United States Geological Survey Quadrangle Map.

Perennial river: A river or section of a river that flows continuously throughout the year.

Person: Any individual, corporation, estate, trust, partnership, joint stock company and association of two or more persons having a joint common interest or any other entity.

Personal care home: Any dwelling, whether operated for profit or not, 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. O.C.G.A. 31-7-12(a)(1).

Personal service establishment: A business that primarily provides services generally involving non-medical care of a person or a person's apparel including, but not limited to, barber shops, beauty salons, seamstress shops, shoe repair and shining shops, dry cleaning facilities and laundromat. Eating and drinking places are not considered personal service establishments.

Personal wireless facility: See definition for "Wireless Telecommunications Facilities."

Personal wireless services or PWS or Personal telecommunications service or PTS: Shall have the same meaning as defined and used in the 1996 Telecommunications Act 47 USC 332(c)(7)(C)

Pit privy (outhouse): A building or structure completely enclosed containing a bench with holes through which bodily waste is expelled.

Planning coordinator: The administrative officer.

Planning commission: The Habersham County Planning Commission as established in this chapter and hereafter referred to as HCPC.

Planning and development department: The staff members employed by the county and positions created by the board of commissioners to administer applicable local, state and federal laws relating to the development of Habersham County.

Planning director: The administrative officer.

Plat, final: A drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Plat, preliminary: A drawing showing proposed layout of a subdivision in adequate detail to convey to the planning commission, the Board of Commissioners or others the concept and workability of a subdivision but not complete in form or detail required for recording.

Platting authority: The planning commission, planning department and/or board of commissioners as dictated by this chapter.

Portable sign: Any sign supported by its own frame or trailer, with or without wheels, which can be transported from one place to another. Portable signs include signs on vehicles.

Porta-potty: A temporary restroom facility which is brought onto construction sites to serve workers and removed once construction ceases.

Premises: A lot as otherwise used in this chapter.

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

Projecting wall sign: Any sign affixed or attached to a wall of a building, horizontally extending no more than 18 inches beyond the wall and which displays only one sign surface. Wall signs shall not extend further than 18 inches from the top of the wall into the roof area.

Protected river: Any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act or the Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limits of the jurisdiction of the Coastal Marshlands Protection Act.

Public officer: As used in O.C.G.A. §§ 41-2-7 through 41-2-17, shall mean the Director of the Habersham County Planning and Development Department.

Public service signs: A sign erected by or on behalf of a governmental body, public officials or public agencies to post legal notices, identify public property, convey public information or direct/regulate pedestrian or vehicular traffic.

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

Public use: Any building, structure or use owned and/or operated by the federal government, State of Georgia, Habersham County or other county, municipality or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose such as, but not limited to, the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment and pumping facilities, public housing facilities, jails and correctional centers.

Radial spacing: A measurement with the sign forming the center of a circle and measurements taken in all directions from the sign.

Real estate sign: A temporary sign erected by the owner or his agent advertising the real property upon which the sign is located for rent, lease or sale.

Recognized historic area: Districts or locations identified as having historic and/or architectural significance through an ordinance, guideline, map, listing, or designated by a local, state or federal government.

Recreation facility, commercial: A use of land involving some form of recreational activity or activities operated as a business and open to the public for a fee.

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

Recreational vehicle park: Except as provided within campgrounds, as defined in this chapter, any lot of land upon which more than two recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Rehabilitation center: Facilities authorized or licensed by appropriate agencies for the primary purpose of rehabilitation of offenders against the law, persons with drug or alcohol abuse problems, mentally handicapped and/or physically handicapped persons.

Repairs and maintenance: The replacement or repair of any components of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will alter the visible appearance of the facility as originally permitted.

Reservoir boundary: The edge of a water supply reservoir defined by its normal pool level.

Residence for caretaker or night watchman: An accessory residence, which may be a mobile home, located inside or in addition to the principal structure or use of a parcel of land designed or occupied by security personnel for security reasons only.

Residential use: A structure designed and used as a one-, two- or three-family dwelling intended or built to be, rented, leased, let or hired out to be occupied for living purposes.

Residential business: A retail or service establishment carried on for gain by at least one person residing on the property on which such establishment is located, not employing more than five persons conducted entirely within the principal or accessory building(s) on the property except for product display and except for outside storage which meets the requirements of these regulations and which does not generate more than 20 total vehicle trips per day to/from the property nor generates noise, smoke, odor, dust, glare, vibration or flies/insects detectable at any property line.

Restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages.

Restaurant, drive-in: Any place or premises used for sale, dispensing or service of food, refreshment or beverage to person(s) in automobiles including those establishments where customers may eat or drink on the premises.

Retail sales establishment, enclosed: A business which sells merchandise to the consumer of the merchandise where storage, display and sales transactions are conducted entirely within an enclosed building including, but not limited to, the sale of convenience goods, antiques, produce and apparel.

Review committee: The Habersham County Planning Commission.

Revolving or rotating sign: A sign that revolves partially or fully about an axis.

Ridge: An elongated crest or a linear series of crests or the long narrow horizontal line formed by two sloping surfaces with slopes of 15 percent or more.

Right-of-way, private: That area distinguished from an access easement or public right-of-way which is fee simple ownership by property owners of the subdivision involved or other individuals and which affords permanent access to abutting property or properties. A private right-of-way is distinguishable from a public street in that maintenance and ownership of the road and accessory improvements is by private individuals or an association rather than the governing body or another government.

Right-of-way, public: That area, distinguished from an access easement or private right-of-way, which is owned in fee-simple title by the governing body or other government for the present or future use of roads, streets and highways, together with its drainage facilities and other accessory or supporting uses and structures.

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

River corridor: All the land inclusive of islands not regulated under the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 through 12-5-457) or the Coastal Marshlands Protection Act (O.C.G.A. § 12-5-280 through 12-5-293) in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks.

River corridor protection plan: That part of the local comprehensive plan which deals with the river corridor protection requirements specified in this chapter.

Road: A public or private thoroughfare which is open to the general public and which affords a principal means of access to abutting property or properties.

Roadbed: The graded portion of a road/street within top and side slopes prepared as a foundation for the pavement structure and shoulder.

Road, private: An improved street, road, or driveway within a private right-of-way of 30 feet or more dedicated by deed or other legal instrument which affords a principal means of access to abutting property or properties.

Road classification: The Georgia Department of Transportation and Federal Highway Administration classification based on the Highway Functional Classification Concepts, 2013 Edition. All roadways in Habersham County shall be classified as:

(a)

Interstates: Interstates are the highest classification of arterials and were designed and constructed with mobility and long-distance travel in mind. Since their inception in the 1950's, the interstate system has provided a superior network of limited access, divided highways offering high levels of mobility while linking the major urban areas of the United States.

(b)

Other Freeways and Expressways: Roadways in this functional classification category look very similar to interstates. While there can be regional differences in the use of the terms 'freeway' and 'expressway', for the purpose of functional classification the roads in this classification have directional travel lanes that are usually separated by some type of physical barrier and their access and egress points are limited to on- and off-ramp locations or a very limited number of at-grade exits.

(c)

Other principal arterials: These roadways serve major centers of metropolitan areas, provide a high degree of mobility and can also provide mobility through rural areas. Unlike their access-controlled counterparts, abutting land uses can be served directly. Forms of access for other principal arterial roadways include driveways to specific parcels and at-grade intersections with other roadways. For the most part, roadways that fall into the top three functional classification categories (interstate, other freeways & expressways and other principal arterials) provide similar service in both urban and rural areas. The primary difference is that there are usually multiple arterial routes serving a particular urban area, radiating out from the urban center to serve the surrounding region. In contrast, an expanse of a rural area of equal size would be served by a single arterial.

(d)

Minor arterials provide service for trips of moderate length, serve geographic areas that are smaller than their higher arterial counterparts and offer connectivity to the higher arterial system. In an urban context, they interconnect and augment the higher arterial system, provide intra-community continuity and may carry local bus routes. In rural settings, minor arterials should be identified and spaced at intervals consistent with population density so that all developed areas are within a reasonable distance of a higher-level arterial. Additionally, minor arterials in rural areas are typically designed to provide relatively high overall travel speeds, with minimum interference to through movement. The spacing of minor arterial streets may typically vary from ⅛- to ½-mile in the central business district (CBD) and two to three miles in the suburban fringes. Normally, the spacing should not exceed one mile in fully developed areas.

(e)

Major and minor collectors: Collectors serve a critical role in the roadway network by gathering traffic from local roads and funneling them to the arterial network. Within the context of functional classification, collectors are broken down into two categories: Major collectors and minor collectors. Until recently, this division was considered only in the rural environment. Currently, all collectors, regardless of whether they are within a rural area or an urban area, may be sub-stratified into major and minor categories. The determination of whether a given collector is a major or a minor collector is frequently one of the biggest challenges in functionally classifying a roadway network. In the rural environment, collectors generally serve primarily intra-county travel (rather than statewide) and constitute those routes on which (independent of traffic volume) predominant travel distances are shorter than on arterial routes. Consequently, more moderate speeds may be posted.

(f)

Local roads: Locally classified roads account for the largest percentage of all roadways in terms of mileage. They are not intended for use in long distance travel, except at the origin or destination end of the trip, due to their provision of direct access to abutting land. Bus routes generally do not run on local roads. They are often designed to discourage through traffic.

Road, rural arterial system minor: Forms a network with the following service characteristics:

(a)

Linkage to cities, towns and other traffic generators (such as major resort areas) that is capable of attracting travel over similarly long distances;

(b)

Integrated interstate and inter-county service;

(c)

Corridor movements consistent with the above items with trip lengths and travel densities greater than those predominantly served by rural collector and local road systems;

(d)

Minor arterials, therefore, constitute routes expected to provide for relatively high speeds and minimum interference to through movement.

Roadside stand: A structure or portion thereof for the shelter, display and sale of agricultural products produced on the premises with no space for customers within the structure itself.

Roof line: The top edge of a peaked roof or in case of an extended facade or parapet, the uppermost.

Roof sign: A sign attached to, painted on or supported by the roof of a building that extends above the immediately adjacent eave line of the building.

Rooming house: A building where, for compensation, lodging only is provided.

Rural business: A processing, assembling, packaging, or storage industry carried on for gain by at least one person residing on the property on which such establishment is located, not employing more than 15 persons, conducted entirely within the principal and accessory buildings on the property except for outside storage which meets the requirements of these regulations, and which does not generate more than 60 total vehicle trips per day, nor generates noise, smoke, odor, dust, glare, vibration, or flies/insects detectable at any property line.

Screening: A method of shielding or buffering one use from another by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides year-round maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first story window on an abutting lot.

Second home: A single-family dwelling on the same property as a primary single-family detached dwelling for use as a complete, independent housekeeping unit for the care of health care of an immediate family member.

Semi-public use: Any building, structure or use owned and/or operated by private utilities or private companies for a public purpose or which is reasonably necessary for the furnishing of adequate service by such utilities, such as, but not limited to, the following: underground or overhead gas, electrical, steam or water distribution or transmission lines or systems; and electric power substations, wires, towers, cables and poles.

Sensitive environments maps: A set of maps as established by this chapter which provides the location and boundaries of significant groundwater recharge areas, wetlands, and water supply watersheds.

Sensitive natural areas: Any area as identified now or hereafter by the Department of Natural Resources which contains habitat, including nesting sites occupied by rare or endangered species, rare or exemplary natural communities, significant landforms, hydro forms or geological features or other areas so designated by the Department of Natural Resources and which are sensitive or vulnerable to physical or biological alteration.

Septic tank: An approved watertight tank designed or used to receive sewage from a building sewer and to effect separation and organic decomposition of sewage solids and discharging sewage effluent to an absorption field or other management system.

Service drive: A public way used primarily for vehicular service access to the back or side of properties otherwise abutting on a street and is not intended for general traffic circulation.

Service station: Any building, structure or land used for the retail sale of motor vehicle fuel, oil, accessories and motor vehicle servicing. Major repairs, body repairs and painting of motor vehicles shall not be considered motor vehicle servicing.

Setback: The minimum horizontal distance between a street, alley or the property boundary lines of a lot and the front, rear or side lines of a building located on that lot.

Shopping center: A group of commercial establishments planned, developed, owned and managed as a unit with off-street parking on the property.

Shoulder: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use and lateral support of base and surface courses.

Sight triangle: The area of visibility required on a corner to allow for the safe operation of vehicles, pedestrians, trains and cyclists in the proximity of intersecting streets, roads, rail lines, sidewalks and bicycle paths.

Sign: A device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Sign, animated: Any sign of which all or any part thereof visibly moves in any fashion whatsoever; and any sign which contains or uses for illumination any light, lights or lighting device or devices which change color, flash or alternate, show movement or motion or automatically change the appearance of said sign or any part thereof.

Sign, bench: A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Signs, community: Temporary signs, generally made of a woven material or durable synthetic materials, primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotional events, seasonal or traditional themes having broad community interest and which are sponsored by Habersham County or a nonprofit organization located in Habersham County.

Sign, construction: Any sign giving the name or names and location of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed.

Sign, directional: A sign temporarily or permanently erected on a site other than that to which persons are directed (off-site) which denotes the route to a particular destination.

Sign face: The surface upon, against or through which the sign copy is displayed or illustrated. Size restrictions or dimensions as to square feet are applicable only to the sign face.

Sign, flashing: A sign designed to attract attention through the use of a flashing, changing, revolving or flickering light source or a change in light intensity.

Sign, ground: Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Sign height: The distance in vertical feet from the elevation of the adjacent dedicated public street at the edge of the pavement to the highest point of the sign structure. Measurements and dimensions include the sign face, above ground foundations, supports and braces. For property with an elevation higher than the adjacent public street, the height shall be measured from the ground level at base of sign to highest point of the sign structure. The ground shall not be altered for the sole purpose of providing additional sign height.

Sign, identification: A sign which depicts the name and/or address of a building, subdivision or establishment on the premises where the sign is located as a means of identifying said building, subdivision or establishment.

Sign, internally illuminated: A sign illuminated with a light source which is enclosed within the sign and viewed through a translucent panel.

Sign, mansard: A sign attached to or erected against a mansard or marquee of a building with the face parallel to the building wall. Since said sign is mounted parallel to and within the limitations of the building wall on which same is mounted, such sign is deemed to be a wall sign and not a roof sign.

Sign number: For the purposes of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related and composed to form a single unit. A ground sign with sign surface on both sides of such sign shall be construed as a single sign and the total area of such sign shall be the area computed on a single side.

Sign, political: A sign which announces, promotes or advertises the name, program, or political party of any candidate for public office or an opinion regarding a public referendum.

Sign, portable: A sign, whether on its own trailer, wheels or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols. Even though the wheels or supports of such sign should be removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, such sign shall retain its character as a portable sign based on its original design unless modified to change its original design through incorporation into a permanent ground sign.

Sign projecting: A sign other than a wall sign affixed and perpendicular to any building or wall and having a leading edge that extends more than one foot beyond such building or wall.

Sign, real estate: A temporary sign erected by the owner or his agent advertising the real property upon which the sign is located for rent, lease or sale.

Sign, roof: Any sign erected, constructed, and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

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

Sign structure: Any construction used or designed to support a sign.

Sign, wall: A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.

Significant groundwater recharge areas: Those areas as indicated by the sensitive environments maps found by technical studies to contain thick soils, slopes lower than eight percent, rocks with little porosity and other characteristics where most groundwater is stored in the overlying soils.

Slaughterhouse: An establishment where animals are killed, butchered and prepared for further processing.

Slope: The degree of deviation of a horizontal, usually expressed in percentage or degrees. The ratio of the difference in elevation between two points on the ground and the horizontal distance between the two points.

Snipe sign: A sign of any material whatsoever that is attached in any way to a utility pole, tree, fence, rock or any other similar object located on public or private property. Snipe signs shall not include "keep out," "posted" or "no trespassing" signs.

Stanchion sign: A freestanding sign mounted on one or more steel poles set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon or is supported by such poles.

Stealth or camouflage technique: Mechanisms to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a wireless telecommunications facility, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

Story: That portion of a building comprised between a floor and the floor or roof next above.

Stream corridor: All land within the buffer area and impervious surface setback area specified for perennial streams within water supply watersheds.

Stream natural buffer: A natural, vegetated area with a specified required width adjacent to a perennial stream which allows no land disturbance; limited minor land disturbances, such as trails and picnic areas, may be allowed by the governing body.

Street: A public or private thoroughfare which is open to the general public and which affords a principal means of access to abutting property.

Street, public: An improved street or road within a dedicated and accepted public right-of-way which affords a principal means of access to abutting property or properties.

Street, rural minor and urban residential: Typically serve to provide access to single and multiple residencies. Motorists using such streets generally include only residents and their visitors. Use of such streets by large trucks and other heavy vehicles is rare, except for occasional use by delivery and maintenance vehicles.

Street, rural major and collector: Those streets that serve a dual function of providing access to abutting properties as well as providing through or connecting service between other local roads or higher type facilities. In rural areas, major access streets and collectors may have a significant local continuity and may operate at relatively high speeds.

Street, rural minor arterial system: The rural minor arterial road system forms a network with the following service characteristics:

(a)

Linkage to cities, towns, and other traffic generators (such as major resort areas) that are capable of attracting travel over similarly long distances;

(b)

Integrated interstate and inter-county service;

(c)

Corridor movements consistent with the above items with trip lengths and travel densities greater than those predominantly served by rural collector and local road systems;

(d)

Minor arterials, therefore, constitute routes expected to provide for relatively high speeds and minimum interference to through movement.

Structure: That which is built or constructed.

Subdivider: One who divides land into two or more separate, usable lots for immediate or future sale or development.

Subdivision: The division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development where new roads, streets (public or private) and supporting infrastructure is required by this chapter.

Subdivision of land: The dividing of a parcel or tract of land into two or more lots, all of which have the required frontage on an existing public road or private street and complies with the dimensions and minimum acreage requirements of this chapter. Such divisions may be accomplished on existing lots of record not fronting on a public street or private road and may be divided into a maximum of four lots by use of an easement as defined in this section for the purpose of access.

Subdivision entrance signs: Any sign designed to identify the entrance of a subdivision, neighborhood, residential complex, apartment or townhouse.

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.

Substantial evidence: Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Substantial improvement: Any combination of repairs, reconstruction, alteration or improvements to a building taking place in which the cumulative cost equals or exceeds 50 percent of the market value of said building.

Taxi cab station: An establishment engaged in furnishing passenger transportation by automobile or van, not operating on regular schedules or between fixed terminals and containing space for taxi cab fleets and related office facilities.

Telecommunications: The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.

Telecommunications structure: A structure used in the provision of services described in the definition of 'wireless telecommunications facilities.

Temporary: Temporary in relation to all aspects and components of this chapter, something intended to or that does exist for fewer than 90 days.

Tower: Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Townhouse: A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides and under fee simple ownership.

Traditional neighborhood: As defined and identified in the Habersham County Comprehensive Plan.

Travel trailer: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Tree: Any self-supporting, woody perennial plant having a single trunk diameter, measured at DBH, of two inches or more which normally grows at maturity to an overall height of a minimum of 15 feet.

Truck stop: An area principally devoted to the service re-fueling, temporary storage or parking of trucks including accessory buildings, structures and uses such as restaurants.

Truck terminal: An area where cargo is loaded, unloaded and stored on a regular basis.

Under canopy sign: A sign that is suspended from the underside of a canopy (including awnings/marquees), is perpendicular to the wall surface of a building and whose canopy is not clearly visible from a public right-of-way.

Unlawful sign (illegal sign): Any sign erected without a permit when a permit for the sign was otherwise required by this chapter or previously adopted resolution or code; or a permitted sign which has not been properly erected in accordance with its permit application and approved sign permit or an otherwise lawful and permitted sign which has become hazardous or a nuisance to the public due to poor maintenance, dilapidation or abandonment and so declared by the administrative officer.

Use: Any purpose for which a building or structure or a tract of land may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, river/lake access facilities, storm water systems and railroads.

Variance: A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard buffer, landscape strip, parking and loading regulations consistent with the criteria established within this chapter as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner.

View shed: An area of land, water or other environmental element with aesthetic value to be protected from adverse effects of development that is visible to the human eye from a fixed vantage point. These areas include, but are not limited to, ridges, mountains, hills, rural and natural lands, and streams designated through ordinance, guideline, map listing or designation by a local, state or federal government.

Visual impact assessment: A computer-aided photographic analysis of the visual impact on and around a proposed development site.

Visual quality: The appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

Wall: All of the vertical face of a building including any parapet but excluding the roof.

Wall sign: A sign fastened, placed or painted upon or parallel to the exterior wall of the structure whether front, rear, or side of the structure.

Warehouse: A building or group of buildings for the storage of goods or wares with access to contents only through management personnel.

Water supply reservoir: A governmentally-owned impoundment of water for the primary purpose of providing water to one or more governmentally-owned public drinking water systems, excluding multi-purpose reservoirs owned by the United States Army Corps of Engineers.

Water supply watershed: The area of land upstream of a governmentally-owned public drinking water intake or water supply reservoir.

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.

Wholesale distribution: An establishment engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers.

Width, "wireless facility": The lateral measurement of any wireless facility array on a wireless support structure at the widest spot. The measurement of width shall not be limited by the array immediately above or below the wireless array being applied for.

Width, "wireless support structure": The dimensions of the structure as noted on the design documents submitted at the time of application and used as a basis for approval by the administrative officer.

Window sign: A sign installed flush with or on a window and intended to be viewed from the outside.

Wireless facility: The set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling and accessory equipment used to provide wireless data and telecommunication services.

Wireless support structure: A freestanding structure, such as a monopole tower, either guyed or self-supporting or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any electrical utility pole or tower used for the distribution or transmission of electrical service.

Wireless telecommunications facilities: Includes a "telecommunications site" and "personal wireless facility." It means a structure, facility or location designed or intended to be used as or used to support antennas or other transmitting or receiving devices. This includes, without limit, wireless support structures of all types, kinds and structures including, but not limited to, buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.

Wrecked motor vehicle compound: An area used to store disabled motor vehicles until such time as their disposition (either by junk, salvage, or repair) has been determined by the insurance company, the owner of the vehicle or his legal representative.

Yard: A space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings or structures. A yard may contain a parking and/or loading area unless otherwise specified by this chapter.

Yard, front: The area extending across the full width of the lot located between the front lot line or planned street line and the front building line. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. On all corner lots the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side: A space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Zero lot line: The location of a building on a lot in such a manner that one or more building sides have no side building setback and rest directly on a side lot line.

(Ord. of 12-21-2020; Ord. of 12-19-2022, § 1)

AG—Agricultural District

ADA—Americans with Disabilities Act

AASHTO—American Association of State Highway and Transportation Officials

ADT—Average Daily Trips

BFE—Base Flood Elevation

BMP—Best Management Practices

CABO—Council of American Building Officials

CLOMR—Conditional Letter of Map Revision

CLOMA—Conditional Letter of Map Amendment

CPESC—Certified Professional in Erosion and Sediment Control

CS—Conservation Subdivision

DBH—Diameter at Breast Height

DCH—Georgia Department of Community Health

DNR—Georgia Department of Natural Resources

DOT—Georgia Department of Transportation

DRI—Development of Regional Impact

DUA—Dwelling Units per Acre

EMA—Habersham County Emergency Management Agency

EPD—Georgia Environmental Protection Division

FAA—Federal Aviation Administration

FCC—Federal Communications Commission

FEMA—Federal Emergency Management Agency

FHBM—Flood Hazard Boundary Map

FIRM—Flood Insurance Rate Map

FIS—Flood Insurance Study

GIS—Geographic Information System

GDOT—Georgia Department of Transportation

GPAD—Gallons Per Acre Per Day

GSMM—Georgia Stormwater Management Manual

HI—Commercial & Industrial District

HVAC—Heating, Ventilation, and Air Conditioning

IBC—International Building Code

ICC—Interstate Commerce Commission

IFC—International Fire Code

IFGC—International Fuel Gas Code

IMC—International Mechanical Code

ITE—Institute of Transportation Engineers

LI-C—Limited Commercial District

LI-R—Residential Single Family District

LSC—Life Safety Code

LOMR—Letter of Map Revision

MI-C—General Commercial District

MI-R—Residential Multi-Family District

MRPA—Metropolitan River Protection Act

MSL—Mean Sea Level

MU—Mixed Use District

NFPA—National Fire Protection Association

NPDES—National Pollution Discharge Elimination System

NOI—Notice of Intent

NOT—Notice of Termination

NRCS—Natural Resources Conservation Service

NTU—Nephelometric Turbidity Units

NWI—National Wetlands Inventory

OCGA—Official Code of Georgia Annotated

PD—Planned Development

PI—Public Institutional District

RV—Recreational Vehicle

SBCCI—Southern Building Code Congress International (International Building Code)

TRC—Technical Review Committee

ULDC—Unified Land Development Code

USACE—United States Army Corps of Engineers

USGS—United States Geological Survey

(Ord. of 12-21-2020)