12.1.1. Rules of Interpretation

A.

For the purposes of this Zoning Ordinance, certain words or terms are defined as follows. All other words not defined in this article or other sections of this ordinance containing definitions have their customary dictionary meanings.

B.

All words used in the present tense include the future tense. All words in the singular number include the plural number and words in the plural number include the singular number, unless the obvious construction of the wording indicates otherwise.

C.

The word "building" includes the term "structure."; the word "person" includes an individual, limited liability company, partnership, association, public or private authority, trust, corporation, or other entity or organization; the word "lot" includes the terms "plot," "parcel," or "tract"; the word "used" includes "designed," "intended," or "arranged to be used"; the term "erected" includes "constructed," "reconstructed," "altered," "placed," or "moved."; the terms "land use" and "use of land" include "building use" and "use of building."; the word "adjacent" means "nearby" and not necessarily "contiguous."

D.

The word "county" means Hall County, Georgia; the terms "County Commission," "Board of Commissioners," "Planning Commission," "building official," "county engineer," "Director of Planning and Zoning" or "Director," and "health officer" mean the respective boards, commissions, and officers of said county within their jurisdictions, unless stated otherwise.

Accessory Dwelling Unit. See Sec. 7.8.3.

Airfield. See Sec. 7.6.3.A.2.

Airport. See Sec. 7.6.3.A.1.

Airport approach zone. The area so designated on an officially approved airport plan for the use of aircraft approaching the airport runway for landing purposes.

Alley. A private or public thoroughfare which affords only a secondary means of access to a building or property and is not intended for general traffic circulation.

Animal, dangerous. Any domestic, native or exotic mammal, reptile, fish, fowl, insect, spider or other creature that is considered inherently dangerous to human beings. This includes all such animals so identified by the Georgia Department of Natural Resources.

Animal, exotic. Any animal not native to the United States or any large native animal not customarily kept in captivity outside zoological gardens. This would include but not be limited to large reptiles, predatory birds, toothless mammals, wild hoofed animals, elephants, wild cats, wild dogs, bears, musk bearing carnivores, marsupials, fowl, primates, hippopotamuses and rhinoceroses.

Animal, farm. Any domestic fowl or hoofed mammals normally raised for some type of consumption, to include but not be limited to food, eggs, hide or fur. Farm animals include livestock and fowl raised for gain or profit on a farm.

Bank. A business establishment in which money is accepted for deposit from the public and is invested or supplied for loans, e.g., a commercial bank, savings institution, or credit union.

Basement, cellar. That portion of a building below the first floor joists, the floor of which is more than one-half the clear ceiling height below the adjacent ground.

Block. A parcel of land entirely surrounded by public highways or streets (including private streets built to public standards), railroads, rivers, streams, or U.S. government property, regardless of size or shape of such land or the number of lots thereon.

Buffer, natural. An undisturbed vegetation strip adjacent to the lot line, in the buffer area, consisting of the existing natural vegetation. The natural buffer strip shall be used to form a hardy screen dense enough to interrupt vision and noise. No removal of the vegetation is permitted other than as necessary due to natural causes or disease.

Buffer, landscaped. A landscape strip, typically ten feet in depth, planted along a lot line in the setback area and consisting of evergreen trees and/or shrubs intended to shield the property from public view of the surrounding properties and, in some cases, the public right-of-way, to protect the surrounding properties from impacts produced by the use. The buffer may include existing vegetation if that vegetation fits the requirements described above.

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 or awnings used for purposes of a building.

Building line. A line beyond which the foundation wall or any roofed porch, vestibule or other such portion of a building shall not project.

Building Official. The official or other designated authority charged by the county Board of Commissioners with the administration and enforcement of this UDC, or their duly appointed representative.

Building, principal. A building in which is conducted the principal use of the lot on which the structure is situated.

Caretaker's residence. See Sec. 7.8.4.

Class A Dwelling Unit. All single-family and two-family dwellings, including industrialized dwelling units, and manufactured homes that meet or exceed the standards for single-family and two-family dwellings under this Code.

Class B Dwelling Unit. All single-family and two-family dwellings including industrialized dwelling units and manufactured homes that do not meet the standards for single-family and two-family dwellings under this Code.

Conditional use permit. A use, subject to review and approval of the Planning Commission, which may be lawfully established only upon evidence of conformance with the standards for such use as established in Article 7.

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.

Cottage Court. See Sec. 7.3.1.I.

Cross-access drive. A drive created for the purpose of providing vehicular or pedestrian access between properties.

Cross access easement. A private covenant or easement between owners of abutting properties that allows driveways for public access by vehicles and pedestrians connecting two or more properties having different owners.

Cul-de-sac. A local street with only one outlet, closed and terminated by a vehicular turnaround.

DBH (diameter-at-breast-height). Tree trunk diameter measured in inches at a height of four and one-half feet above the ground. If a tree splits into multiple trunks below four and one half feet, each trunk must be measured as a separate tree.

Density. See Sec. 2.1.1.

Dwelling unit. One or more rooms which are arranged, designed, or used as living quarters for a family or for a community residence as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.

Dwelling, attached. One of two or more dwelling units having a common or party wall separating units.

Dwelling, multi-family. See Sec. 7.3.1.G.

Dwelling, single-family. See Sec. 7.3.1.B.

Dwelling, two-family. See Sec. 7.3.1.E.

Easement. A grant to a person or to the public by a property owner of a strip of land for road right-of-way or other specified purposes.

Facade. The exterior side of a building that faces, and is most nearly parallel to, a public street. The facade includes the entire area of a building, extending from the roof or parapet to the ground, and from one corner of the building to another. Buildings generally have one facade for each street frontage.

Family. One or more persons permanently occupying a single dwelling unit, provided that unless all members are related by blood or marriage no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises or in an accessory building.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or demarcate areas of land.

Floor area. See Sec. 2.1.5.

Food truck. See Sec. 7.9.2.

Fraternal organization. A nonprofit membership organization based primarily on social affinity (as distinguished from a civic, economic, occupational, political, religious, or other basis for association).

Frontage. See Sec. 2.1.2.

Guest house. See Sec. 7.8.8.

Hardship mobile home. A mobile home which has been approved by the Planning Commission and placed on an occupied residential lot in compliance with Sec. 7.8.8.

Height, building. See Sec. 2.1.6.

Industrialized dwelling unit. A dwelling or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation-site without disassembly, damage to, or destruction thereof and which bear the insignia of approval issued by the Commissioner of the Georgia Department of Community Affairs.

Inventory items. Items not designed or intended to function outdoors or independently, including, but not limited to washing machines, clothes dryers, refrigerators, water heaters and other appliances and parts of automobiles, boats and other vehicles.

Laboratory. An establishment or premises where scientific services are provided, including testing or analysis of medical, chemical, physical, mechanical, electric or electronic nature or the calibration of instruments.

Lot. See Sec. 0.

Lot of record. A lot or plat which has been legally recorded with the county clerk or superior court prior to August 28, 1978 and which actually exists as so shown or described. In addition, lots legally recorded after August 28, 1978, that met zoning standards in place at the time of recordation, but may not meet standards currently in place, are also considered lots of record.

Manufactured home. See Sec. 7.3.1.D.

Manufactured home park. A parcel of land containing not less than five acres under single ownership which has been planned and improved for the placement of two or more manufactured homes or mobile homes for nontransient uses. Excepted from this definition are those parcels of land on which two or more manufactured homes or mobile homes existed prior to August 28, 1978, and are identified on public records maintained by Hall County Planning and Development.

Mobile home. See Sec. 7.3.1.C.

Modular home. A detached single-family dwelling which is fabricated entirely or in part at some location other than its permanent site and which may be a complete unit or closed segments thereof.

Modulation. The rhythmic variation in the massing and architectural treatments of a building that divides its roofline and facade into small harmonious components that create visual interest, as distinct from the appearance of a large building with a featureless facade built on a single plane with a single roof line. Modulations of a facade should break the vertical plane with variations that are at least two feet in depth, measured from the forward plane of the facade.

Nonconforming use. See Sec. 11.3.

Nonconforming structure. See Sec. 11.3.

Occupy. To use land or buildings for any length of time for a purpose for which the land or a building or part thereof is used or is intended to be used. Any variation of the term "occupy" shall be encompassed by this definition.

Occupancy, permanent. Occupancy or use by an owner, or by a tenant for periods of 30 consecutive days or more. Such occupancy is characteristic of single-family, two-family and multiple-family dwelling units, including mobile homes, industrialized homes, manufactured homes, town homes and condominiums. The county commission may allow for transient occupancy of units permitted for permanent occupancy in the event of natural disasters or large community events that put a special burden on the local transient housing market.

Occupancy, transient. Occupancy or use by a paying guest or tenant for a period of less than 30 consecutive days or by the offering or advertising of a residence as being available in whole or in part to be used for such occupancy. Such occupancy is characteristic of hotels, motels, boardinghouses and rooming houses.

Open space. See Sec. 8.5.1.

Overlay district. A zoning district that encompasses one or more underlying traditional use districts or zones and that imposes additional requirements and/or allows additional permitted uses above those required or allowed by the underlying zone[s]. An overlay district can be coterminous with existing zoning districts or contain only parts of one or more such districts. Where an overlay district's principal purpose is to impose additional requirements on otherwise permitted land uses, it is customary for such a district to be created at the instance of the county. By contrast, where the principal purpose of an overlay district is to allow an additional use that would not otherwise be permitted in the underlying zone(s), then it will customarily be a private applicant who will institute the necessary map amendment process.

Planned unit development. The development of a tract of land ten acres or more by which clustered housing and/or commercial, office or industrial development may be permitted without the customary subdivision of lots. A comprehensive development plan for such a project shall be submitted to the planning commission for their review and approval.

Plat. A sketch, map or survey of a lot, tract or parcel of land, including lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon.

Plat, preliminary. A preliminary design which shows the proposed layout of a subdivision in sufficient detail to indicate its workability and conformation to the design requirements of the subdivision regulations in all aspects, but which is not in final form for recording and on which the details may be subject to change.

Plat, final. A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording. The final plat of a subdivision must be approved by the county and the streets shown on the plat must be approved and accepted by the Board of Commissioners prior to recording.

Public way. A street or road which has been dedicated for public use by deed, plat and/or prescription.

Resubdivision. A legal subdivision which has been altered by changing of a line, bearing or other measurement which either reduces or enlarges the number of lots or size of lots originally created and which is subsequently platted and recorded in a legal manner.

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

Scrap materials. Any items normally considered as salvage, scrap, junk, or as useless or worthless materials. This includes, but is not limited to, pieces, fragments, and parts of items no longer usable as originally intended, materials left over from fabricating, leftover bits of food and empty containers.

Setback. See Sec. 2.1.4.A.6.

Shopping center. A group of commercial establishments planned, developed and owned or managed as a unit with on-site parking and similar architectural characteristics.

Short term rental. See Sec. 7.8.17.

Sign. A surface (or series of surfaces connected to a common supporting structure) on which is displayed an announcement, name, illustration, symbol or insignia used to inform the public or to identify, advertise or promote the interest of any person. See Sec. 8.6.2 for additional definitions related to signs.

Site built single-family detached dwelling unit. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the Building Code as adopted by Hall County. Includes industrialized buildings as required by state law.

Site built two-family detached dwelling unit. A two-family dwelling constructed on the building site from basic materials delivered to the site and which is constructed in accordance with all requirements of the building codes as adopted by Hall County.

Special exception. The term special exception, when used in this UDC, will refer to a variance and is defined in the same manner as the term "variance."

Special use. A use which is not automatically permitted inherently but which may be permitted within a zoning district subject to review and approval by the County Board of Commissioners.

Storefront. The elevation of a commercial building having a single tenant or that portion of the elevation of a multi-tenant building that is occupied by a single establishment which contains the principal public entry to the establishment.

Street. A public or dedicated thoroughfare or a private right-of-way or easement shown on a recorded plat and which has been approved by the Board of Commissioners.

Street right-of-way. A line defining the outer edges of a street boundary and separating the street from abutting property or lots or a proposed street line shown on any plan approved by the Planning Commission.

Street, arterial. A major street, highway or state route with intersections at grade and direct access to abutting property, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic between major traffic generators.

Street, collector. Any street designed and located to collect traffic from intersecting minor streets while still giving access to abutting property, and to conduct such traffic to and from a variety of destinations outside a single subdivision, neighborhood or business district. See also "street, residential collector."

Street, connector. A street supplementary to the major state and U.S. highway systems running throughout the country and primarily a means of intercommunication between this system and smaller areas.

Street, local. A street intended solely to provide access to immediately adjacent land; in residential areas, a residential access or residential subcollector street. See also "street, residential access."

Street, marginal access. A special-purpose street provided parallel and adjacent to a collector or higher order street for safety, by providing access to abutting properties and separation from through traffic on the higher order street.

Street, minor. A local street.

Street, residential access. The lowest order street in the hierarchy of streets; a street having the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood. This street is designed to carry average daily traffic (ADT) of no more than 200 for each outlet to another street (e.g., a cul-de-sac or other single-access street will carry 200; a loop street will carry 200 per outlet, or 400). See also "street, local."

Street, residential collector. The next level above a residential subcollector street in the hierarchy of streets; a street which conducts and distributes traffic between other residential streets of lower order in the streets hierarchy and either higher order streets or major activity centers. This is the highest order of street appropriate to a residential neighborhood, and residential frontage along it is normally prohibited or severely restricted. This street is designed to carry average daily traffic (ADT) of no more than 3,000 at any point.

Street, residential subcollector. The next level above a residential access street in the hierarchy of streets; an access street which provides frontage for residential lots and may carry a small amount of residential through traffic collected only from tributary residential access streets. This street is designed to carry average daily traffic (ADT) of no more than 500 for each outlet to another street (e.g., a cul-de-sac or other single-access street will carry 500; a loop street will carry 500 per outlet, or 1,000).

Structure. Anything constructed or erected the use of which requires permanent or semipermanent location on the ground, or which is attached to something having permanent location on the ground.

Stub-out. A shortened street, either public or private, which is intended to provide connectivity at a future point.

Subdivision. The division of a tract or parcel of land into seven or more lots, building sites or other divisions for the purposes of sale, legacy, a new street, or a change in existing streets, and includes resubdivision. Where appropriate to the context, subdivision also relates to the process of subdividing or to the land or area subdivided. The term shall also include the opening of a new street or road. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots meet the standards of the county subdivision regulations in Article 9 is not included within this definition.

Subdivision, minor. The subdivision of land into a total of no more than six conforming lots, parcels, tracts, or building sites during a 12-month period. The resultant lots must meet all the requirements (lot size, frontage, access, etc.) of the zoning district in which they are classified and the requirements of the county subdivision regulations in Article 9. Minor subdivisions which conform to the aforementioned standards may be created on any lot, tract, or parcel which was recorded with the county clerk of superior court prior to January 1 of each calendar year, provided the subject lot and all resultant lots comply with the standards of the county zoning and subdivision regulations in this UDC. Once any lot, tract, or parcel meeting the aforementioned standards has been subdivided into a total of no more than six lots, tracts, parcels, or building sites, no further subdivision of the lots is permitted for the 12-month period after the land was subdivided. Any additional subdivision beyond six lots per 12-month period shall require consideration by the county Planning Commission as a use subject to Planning Commission approval.

Townhouse. See Sec. 7.3.1.F.

Travel trailer. A vehicular portable structure not over eight feet by 35 feet and designed as a temporary dwelling for travel, recreational and vacation uses, which may or may not have kitchen equipment, toilet, lavatory and bathing facilities, but, if such facilities are included, a sewage holding tank for sanitary waste is required. Includes the terms "recreational vehicle" (RV) and "camper." Any vehicle designed or converted to a design with plumbing connections for attachment to outside sewage systems shall not be included in this definition.

Truck, heavy. Trucks, including truck tractors, semi-trailers, or similar vehicles, designed and used to carry goods or property.

Turnaround. The circular paved area intended to facilitate turning around of vehicles at the end of a cul-de-sac.

Use, accessory. See Sec. 7.1.2.

Use, permitted. Those uses specifically listed in this UDC as uses permitted inherently, not to include uses herein defined as "nonconforming use."

Use, principal. The principal purpose for which a lot or building is designed, arranged, intended, occupied or maintained.

Use, temporary. See Sec. 7.1.3.

Vacation home. Any residential structure used for transient occupancy including, but not limited to cabins, single-family dwellings and other such residential structures.

Variance. A modification of the strict terms of zoning regulations granted by the Planning Commission where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any action on the part of the property owner, a literal enforcement of this UDC would result in unnecessary and undue hardship; provided, however, that no variance may be granted which would authorize a land use not otherwise permitted in a particular district.

Vehicle. Any device or contrivance for carrying or conveying persons or objects, said device being designed to be self-propelled by its own motor or power.

Wall. See "fence."

Water system. A potable water supply and treatment system other than individual or community water systems, owned by a unit of government.

Water system, community. A potable water supply and treatment system other than an individual or public water system serving more than one building, residence or other facility designed or used for human occupancy or congregation. The system is one which is owned by a person or legal unit other than a unit of government.

Water system, individual. A potable water system other than a community or public water system serving a single building, residence or other facility designed or used for human occupancy or congregation.

Yard. See Sec. 2.1.4.