The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Accessory building means a building customarily incidental and subordinate to the main buildings.

Accessory use means a use customarily incidental, appropriate, and subordinate to the principal use of land or buildings located upon the same premises.

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

Alteration of building means any change in the supporting members of a building (such as, loadbearing walls or partitions, beams, columns, girders) except such changes as may be required for its safety; an addition to or reduction of a building; any change in use from that of one district classification to another; or a building from one location to another; or any change in the roof or the exterior walls.

Apartment. See Dwelling, multifamily.

Apartment, efficiency means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Basement means the area below the first floor level in a building and having not more than one-half of its height above grade.

Bed and breakfast facilities means a residential structure occupied by its owner of record, wherein lodging or lodging and breakfast only are provided to guests for compensation. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator and said operator shall live in the structure when the bed and breakfast is in operation.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement, meals and/or lodging are provided for three or more guest, but not exceeding 20 persons.

Buffer area orbuffer strip.

(1)

Screen. A landscaped open area unoccupied by structures and facilities except as permitted by this chapter and/or in some instances as specified, a screen of shrubs, trees or similar plants as least eight feet in height and dense enough to establish interrupted vision from one side to the other may be required. Both are established to separate different and possibly incompatible types of land use.

(2)

River corridor or floodplain. Area along the course of any river corridor or floodplain to be maintained in a vegetative, undisturbed and natural condition.

Building means any roofed structure designed, built, or intended for shelter, support, housing, protection, or enclosure of persons, animals, or property of any kind. The term "building" includes the word "structure."

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

Building line means the line which represents the distance a building or structure must be set back from a lot boundary line or a street right-of-way line or street centerline, according to the terms of this chapter.

Building, principal, means a building in which is conducted the principal use of the lot on which said building is situated. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the plot on which same is situated.

Certificate of occupancy means a certificate issued by the building inspector certifying that the structure complies with the Southern Standard Building Code and all applicable regulations of county.

Child care center means agencies, organizations, or individuals which render service on a regular basis, with or without remuneration, in the form of providing daytime care, boarding, feeding, supervising, or tutoring to no more than six children who are not members of the family, foster children, or legal wards of the attendant, including day nurseries, kindergartens, nursery schools, and similar services. The term "child care center" does not include tax-supported public schools.

Child caring institution means any institution, society, agency or facility whether incorporated or not, which care, for six or more children ages six to 17 years of age, outside of their own homes.

Church means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

Clinic means a facility where medical and/or dental patients, who are not normally lodged overnight, are admitted for examination and treatment by one or a group of physicians practicing medicine or dentistry.

Club or lodge means the building and facilities owned or operated by a corporation, association or other legally established group of persons for social, fraternal, civic, cultural, literary, political, educational or recreational purposes on a nonprofit basis operated for the benefit of its members and not open to the general public.

Comprehensive land use plan means a comprehensive, longrange plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community's future economic development, housing, recreation, transportation, community facilities, and land use, all related to the community's goals and objectives for these elements.

Conditional zoning means the imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this chapter and which are related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on the surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks, and other non-use requirements, physical improvements to the property and infrastructure serving the property.

Condominium means a building containing three or more individually owned dwelling units and related, jointly owned, common areas as defined by the laws of the state.

Convenience food store with self-service fuel sales means any retail establishment offering for sale automotive fuels, prepackaged food products, beverages, household items, and other goods commonly associated with the same. Further there shall be no automotive repairs done on site.

Day nursery. See Child care center.

Deck means a roofless accessory attached or detached platform without exterior walls generally constructed of wood, which adjoins a residence. Rails or safety features shall not be deemed to be exterior walls.

Deed restrictions/private covenants means the private stipulations, usually pertaining to residential subdivisions which govern lot size, minimum floor area, uses permitted and in some instances architectural design. These may be stricter or not as strict as provisions included in this chapter.

Density means the overall intensity of land use for the total project. When referring to residential area, the term "density" is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this chapter or as authorized under the development standards of this chapter. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets or other public lands.

Developer means any person who acts in his own behalf or as the agent of any owner of property and engages in alteration of land or vegetation in preparation for construction activity.

Developments of regional impact (DRI) means a public or private development which because of its location, scale, land use type or public service demand or any combination could affect the growth, development and quality of life of the region. (Allow 30 days to process through RDC.)

District means a section of the county within which the zoning regulations are uniform.

Drainage means a general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping.

Drive-in means a retail or service enterprise wherein service is provided to the consumer on the outside of the principal building.

Driveway means a private roadway providing access to a road or highway.

Dumpster means any cubic shaped waste container ranging from two to ten cubic yards that has structured side channels from for lifting access to or site dumping by a scheduled sanitation truck. The term "dumpster" does not pertain to roll-off containers.

Duplex means a single story residential structure designed for two-family occupancy with each family in a separate dwelling unit.

Dwelling means a building or portion thereof which is designed or used for residential purposes, including single-family dwelling, two-family dwelling, multiple-family dwellings and manufactured housing, but not including hotels, motels, or mobile homes.

Dwelling, multifamily, means a building either designed, constructed, altered, or used for three or more adjoining dwelling units, occupied by three or more families living independently of one another, with each dwelling unit having a party wall and/or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multifamily structure.

Dwelling, single-family, means a detached dwelling, containing not more than one dwelling unit, designed or occupied exclusively by a single-family.

Dwelling, two-family, means a building designed, constructed, altered, or used for two adjoining dwelling units, joined by common wall or common floor and occupied by two families living independently of each other. The term "two-family dwelling" includes "duplex."

Dwelling unit means a dwelling or portion thereof providing complete living quarters for one or more persons living as a single housekeeping unit.

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

Erosion and sedimentation control plan means a plan for the control of soil erosion and sediment resulting from land disturbing activity.

Existing grade means the vertical location of the existing ground surface prior to cutting or filling.

Fabricating means the process of assembling, using standardized parts.

Family means an individual or two or more persons, occupying a single-dwelling unit, related by blood, marriage or adoption, or a group of not more than three persons not related by blood or marriage, living together as a single housekeeping unit. The term "family" does not include any organizational or institutional groups such as those occupying a lodginghouse, hotel, club, fraternity or sorority house, etc.

Floor area means the total number of heated square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls of several floors of a structure. Also, the term "floor area" means the gross leasable floor area for any business or industry based on interior dimensions.

Frontage means that dimension of a lot measured along the front street line thereof or if said front street line is curved, along the chord of the arc, 150 feet.

Garage, mechanical/repair, means the buildings and premises designed or used for the purpose of providing the services of maintenance, minor repair, washing, adjusting, equipping and/or major commercial repair of motor vehicles provided that the bodywork and painting shall be conducted within fully enclosed buildings and; provided, further, that the storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises. A mechanical garage which provides for the storage of vehicles for the purpose of salvaging parts for sale or repair shall be classified as a junkyard.

Garage, private, means an accessory building or portion of a principal building used only for private storage of permitted motor vehicles.

Halfway house means a center for formerly institutionalized individuals, such as, mental patients or drug addicts, that is designed to facilitate readjustment to private life.

Hardship means a condition which shall be considered to exist only when one or more of the following apply to a particular piece of property and such condition has not been created by the applicant's own acts. See Land use permit, mobile home.

(1)

The owner cannot comply with the provisions of this chapter without violating some other resolution or section of this chapter.

(2)

The provisions of this chapter create for the applicant a peculiar condition not common to other nearby property owners.

(3)

A conforming use or requirement is incongruous with the remainder of the area in which the property is located.

(4)

The topography of the land or shape of a particular lot precludes a conforming use.

Heavy manufacturing establishment means the manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with antipollution standards established by the state and county.

Home occupation means an occupation or profession for gain or support conducted entirely within a single-family dwelling and which is carried on solely by a member or members of the family residing on the premises and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The occupation/business may require access by the public.

Hospital means any institution receiving inpatients, or a public institution receiving out-patients, and authorized under state law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of the mentally disturbed, drug addicts, epileptic, chronically ill and physically handicapped, but shall not include office facilities for the private practice of medicine or dentistry.

Hotel means a building in which overnight accommodations are provided for ten or more individuals of the general public for compensation and in which provisions for cooking are made in a central kitchen and not in the individual rooms or suites and in which ingress and egress to and from all rooms are made through an inside lobby or office.

Industrial park means a tract of land subdivided and developed according to a comprehensive development plan in a manner which provides a parklike setting for industrial establishments.

Industrialized building means a term used only in the state, the term "industrialized building" replaces the now obsolete term "factory-built housing," and describes certain manufactured housing which is regulated by the state department of community affairs. The state law defines the term "industrialized building" as any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly 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. Industrialized buildings are constructed and regulated in accordance with the Industrialized Buildings Act, Georgia Law 1982, (O.C.G.A. title 8, ch. 2, art. 2, pt. 1). An industrialized building must meet all requirements of the district in which it is located. This term includes the term "modular homes."

Institution means a premises occupied by a nonprofit corporation or nonprofit establishment for public use.

Intermediate regional flood (IRF) means a 100 year frequency flood, as defined on flood hazard maps, which has a probability of occurring once every 100 years or having a one percent chance of occurring each year.

Junk means any scrap, waste, reclaimable material, or debris including but not limited to junk vehicles, junk vehicle parts, discarded appliances, and other mechanicals, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.

Junk vehicle means any vehicle that cannot be moved by its own power or does not have an updated license plate. See Salvage operation/salvage yard.

Junkyard means an uncovered lot or part thereof, whether enclosed or not, used for the collection, storage, keeping, sale, abandonment, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvage house wrecking, and structural steel material and equipment, or for the dismantling, demolition or abandonment of three or more disabled automobiles, not bearing current auto tags/decals, or other machinery, appliances or parts thereof.

Junkyard, storage area, means property and/or buildings used for the permanent or temporary storage of inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration, or sale, but not including exterior displays of new or used merchandise in operable condition for retail or wholesale distribution.

Kennels means a facility for the boarding overnight of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity.

Land area per dwelling unit means the amount of land in square feet required for each dwelling unit permitted on a zoning lot.

Land use permit, mobile home, mean a temporary permit that allows for the placement and occupancy of a home or manufactured home on a parcel in which it would not ordinarily be permitted. A mobile home land use permit would ordinarily be granted in cases of medical hardship.

Land use plan means a professionally prepared and formally adopted document and map depicting the desirable future location of residential, commercial, public, and industrial land uses and thoroughfares.

Licensed day care center means a child care center licensed and regulated by the state and/or the county that provides care, training, education, custody, treatment or supervision of children, where such children are not related by blood, marriage, or adoption to an owner or operator of the facility.

Light industry means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Light manufacturing establishment means an establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious noise, odor or fumes, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed herein, shall not be permitted.

Lot means an unsubdivided parcel or portion of land of varying size, described as a single unit of property and held in a single ownership by one person or in common ownership by more than one person, occupied or intended to be occupied by a particular use or occupied or intended to be occupied by a building or group of buildings devoted to a particular use or interest; together with the customary accessory buildings and uses and open spaces belonging to the same; which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this chapter for the zoning district in which such tract of land is located and for the uses proposed for the tract of land, having its principal frontage upon a county road, street, thoroughfare, state highway or a dedicated easement for ingress and egress on record in the office of the clerk of superior court of the county includes the terms "plot" and "parcel" and mean the same as zoning lot, however, the term "lot" will not be construed to mean "land lot."

Lot, corner, means a lot having frontage on two or more public streets at their intersection.

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

Lot line.

(1)

Front means the front line of an interior lot separating the lot from the frontage street right-of-way; across which the primary access to the property passes and which shall be used to identify the street address of the property in question. The front lot line of a corner lot shall be the lot line upon which the principal building entrance will front.

(2)

Rear means the lot line generally opposite the lot line along the frontage of the lot and intersects the side lot lines. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than ten feet long lying wholly within the lot farthest from the front lot line.

(3)

Side means any property line not designated as front or rear.

Lot of record means an area designated as a separate and distinct lot or parcel of land which has been lawfully recorded by subdivision plat or deed on the public records of the county on or before the date of adoption of the ordinance from which this chapter is derived.

Manufactured home means a new or used 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 subsection except size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401 et seq.

Manufactured home community (mobile home park) means a lot, or parcel of land or place where three or more manufactured homes are parked for residential purposes, or where space is set aside and offered for rent for manufactured homes. Lots consist of appropriate and adequate community services, recreational facilities, utilities, streets and sidewalks provided by the developer.

Manufactured housing units means single-family dwellings if all requirements, as set forth in article II of this chapter, are met.

Miniwarehouse means a building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. The term "mini-warehouse" shall not include retail sale on the premises, commercial repair or other services, manufacturing or any commercial use.

Mobile home means a structure, transportable in one or more sections, which, in 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 built prior to June 15, 1976.

Modular home or modular building means a factory-fabricated single-family dwelling that is constructed in one or more sections and is manufactured in accordance with O.C.G.A. § 8-2-110 et seq. (Factory Built Buildings and Dwelling Units, O.C.G.A. title 8, ch. 2, art. 2) and the rules of the commissioner of community affairs. Each modular home must meet the standards of an industrialized building of the state department of community affairs and must bear the seal of approval as issued by the state commissioner of community affairs.

Motel means a building or group of buildings containing guestrooms, offered to the general public for compensation, having separate entrances for each room or suite of rooms, and for which automobile parking is provided for each room or suite of rooms. The term "motel" is to be used primarily for automobile transients and shall include such terms as "auto court" and "motor lodge."

Nonconforming use means any building, structure, or land use which lawfully exists at the time of adoption of the zoning ordinance from which this chapter is derived or subsequently amended thereto and which does not conform, after the passage of such ordinance and/or amendments, with the use regulations of the district in which it is located.

Nursing home means an orphanage, rest home, care home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts, and not including nursery schools.

Official zoning map means a map officially adopted by the board of commissioners of a political jurisdiction which illustrates the various zoning districts of the jurisdiction.

Open space means that required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking, but shall be usable for green space, recreational use and other leisure activities normally carried on outdoors.

Owner means the person in whom is vested the fee simple title or record, or a vendee under contract or purchase agreement. If a sole proprietorship, the proprietor; if a partnership, all partners, general and limited; if a corporation, all officers, directors and persons holding at least ten percent of the outstanding shares; and any agent of the owner, including a developer. The term "owner" may also include a tenant, if chargeable under his lease for the maintenance of property.

Personal care home means a residence providing the protective care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. A personal care home is limited to 16 residents excluding staff. See Personal care home, group. See Group home for adolescents.

Personal care home, congregate, means a home for adults which offers care to 16 or more persons.

Personal care home, family, means a home for adults in a family-type residence, noninstitutional in character an appearance, which offers care to two through six persons.

Personal care home, group, means a home for adult persons in a residence or other type buildings, noninstitutional in character and appearance, which offers care to seven through 16 persons. The state refers to children six to 17 years of age.

Planning commission means the county planning commission.

Plat, final, means a complete and exact subdivision plat prepared for official recording of that subdivision in accordance with the Georgia Land Registration Law, O.C.G.A. § 44-2-40 et seq.

Plat, preliminary, means a tentative subdivision plat, indicating approximate proposed layout of a subdivision submitted with supporting documentation as necessary for consideration and approval prior to preparation of the final plat.

Platting authority means the county platting authority comprised of the chairperson of the board of commissioners, the county engineer, the county zoning administrator, and the county building official.

Principal use means the primary use and chief purpose of a lot or structure as distinguished from an accessory or secondary use.

Private deed restrictions or covenants means the private deed restrictions or covenants that are imposed on land by private landowners. They bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the landowners involved and not by any county or other public agency. See Deed restrictions/private covenants.

Professional office means a structure wherein services are performed involving predominately administrative, professional or clerical operations such as law, doctor, optician, audiologist, accounting, tax preparation, real estate, stockbroker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political/campaign, veterinarian, travel bureau, and the like.

RDC means the Chattahoochee-Flint Regional Development Center.

Recreational vehicle means a vehicle or portable structure transportable on a mobile chassis, designed to be used as a temporary dwelling. The term includes travel trailers, motorized dwellings, pop-up campers, pickup campers, coaches, and other similar recreational equipment.

Recreational vehicle park means any lot or parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

Regionally important resource (RIR) means the natural or historic resources which have natural boundaries extending beyond a single government's jurisdiction or have value to a broader public constituency and which are vulnerable to the actions and activities of man. Allow 30 to 40 days to process through the RDC.

Remodeling means to construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is achieved.

Restaurant means an establishment however designated at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.

Riding school or stable means any premises having available for hire, boarding, or riding instruction any horse, pony, donkey, mule or burro.

Right-of-way means a term referring to land or property that is acquired by the county.

Salvage operation or salvage yard means a business the principal activity of which is buying, selling, exchanging, storing, sorting, packing, or dismantling of waste, used or secondhand material or three or more vehicles or parts of thereof two consumers for personal use with only incidental residual transfer on a nonretail basis. A commercial recycling operation or junkyard, as defined in this section, is engaged in salvage operations.

School means a facility where persons regularly assemble for the purpose of instruction or education including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. The term "school" includes, but is not limited to, public and private schools used for primary, secondary, or post-secondary education.

Secondary detached residence means a subordinate building on the same lot with the main building which is used, designed, or intended for dwelling purposes, such as guesthouses and employee quarters, including tenant dwellings, but not including any dwelling which is rented, leased, or occupied by anyone other than the occupant of the main building or his guests, immediate family, or employees.

Service station means any building or land used primarily for the dispensing, servicing, or offering for sale at retail any automobile fuels, oils, grease, batteries, tires, or general automotive accessories and in connection with which is performed general automotive servicing as distinguished from automobile repairs, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.

Setback means a required open space on a lot or parcel of land upon which no building or structure is erected except as permitted by this chapter and is the shortest distance measured by a perpendicular line from the lot line or centerline of a street, highway or road and the nearest loadbearing wall of the principal building or structure on a lot. Loadbearing walls do not include cornices, steps, open terraces, open entrance hoods, and the like which do not project more than six feet from the building. This area is bounded by property lines and setback lines as appropriate.

Setback line means the minimum required distance from the street right-of-way line or any other property line that the principal building must observe. Setback lines for buildings are 125 feet on a dirt surface; 100 feet on a paved surface.

Setback line, rear, means the interior boundary of the rear setback area or rear yard, being a line equidistant from the rear property line and extending from the side property lines at the minimum depth, as specified by the appropriate zoning district requirements, 25 feet.

Setback line, side, means the interior boundary of a side setback area or side yard, being a line equidistant from the appropriate side property line and extending from the front setback line to the rear setback line at a minimum depth, as specified by the appropriate zoning district requirements, 20 feet.

Sewage, central system, means a community sewage system including collection and treatment facilities serving more than one lot in a subdivision, approved by the county health department.

Sewage, individual disposal system, means a septic tank and seepage tile sewage disposal system or any other sewage treatment device for one lot as approved by the county health department.

Shopping center means two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.

Sign means any attached or freestanding outdoor advertising display of any surface, fabric or device bearing lettered, pictorial, or sculptured matter, for the purpose of conveying some information, knowledge, idea to or attracting the attention of the public and which is placed in general view of the public.

Sign, general advertisement, means any display, including billboards, flags, pennants, lights, signals, or structures, attached or freestanding, which advertises and directs attention to businesses, products, entertainment or services conducted, sold or offered at locations other than upon the premises where the sign is displayed, or any display or sign exceeding 200 square feet in area.

(1)

Sign, accessory, means a professional or identification sign not exceeding 16 square feet in area, and which states the name or location of an incorporated or unincorporated community, public or private institution, or the name and meeting place of an official or civic body. An accessory sign shall not advertise a business activity or a product for sale or rent.

(2)

Sign, principal, means an attached, freestanding or structural sign pertaining to announcing or describing the principal use or uses of the premises upon which the sign is displayed or to the products sold, manufactured or assembled, services or entertainment available on the premises, or directing attention to a business, profession, or industry. The term "sign" shall not be deemed to include official court or government notices or the flag emblem or insignia of a nation, political unit, or school.

Site-built home means 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 codes as adopted by the county.

Solar access easement means a recorded easement, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.

Solar array means a number of photovoltaic modules or panels that generate solar electricity, assembled or connected together to provide a single electrical output.

Solar array, tracking means a solar array that follows the path of the sun to optimize the amount of solar radiation received by the device. A tracking solar array may be ground-mounted or building-mounted.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector or solar energy system.

Solar energy facility means the area of land devoted to solar energy system installation. A solar energy facility may include an interconnection with the local utility power grid for distribution to more than one property or consumer in the electricity market as a commercial venture. Includes the term "solar farm."

Solar energy system means the components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The term applies, but is not limited to, photovoltaic (solar electric) systems and thermal solar energy systems.

Solar energy system, building-mounted means a solar energy system, which may include solar thermal panels, solar hot water system panels, and photovoltaic panels, which are mounted to a building or structure, to provide energy primarily for on-site use. Building-mounted solar panels may be flush-mounted (i.e., flush to the surface of a building roof or building façade in a manner that the panel cannot be angled or raised), or as one or more modules fixed to frames which can be tilted or automatically adjusted at an optimal angle for sun exposure. A mounted solar energy system is accessory to the building or structure.

Solar energy system, ground-mounted means a solar energy system that is directly installed on (mounted to) the ground and is not attached or affixed to any structure.

Solar energy system, thermal means a solar energy system that directly heats water or other liquid using sunlight, including the use of heated liquid for such purposes as space heating and cooling, domestic hot water, and heating pool water.

Solar farm means a solar energy facility, typically with multiple solar arrays, designed and used for the purpose of generating electric energy via a photovoltaic system.

Special use means a use for a particular piece of property which may be allowed by the county commission when specifically listed in and provided for by this chapter. A special use is subject to such restrictive requirements as in the opinion of the county commission would be necessary to insure that the use is not detrimental to surrounding property.

Stable means a place which is used to house horses, mules or other draught animals either for private use or on a pay-for-services for-profit basis.

Street means a public right-of-way, whether designated as an avenue, boulevard, road, highway, expressway, lane or other way, that is dedicated or devoted to public pedestrian or vehicular use by deed, plat, and/or prescription, which affords the principal means of access to the abutting property.

(1)

Arterial streets. These streets are intended to provide higher travel speeds between or within communities or to and from collectors and expressways. Access is controlled so that only community significant land use may have direct access to these streets.

(2)

Collector streets. Collector streets connect residential streets to the highway system's major and higher (minor) arterials to provide access to nonresidential uses and arterials. Collectors form barriers between neighborhoods and are designed for higher speeds and traffic volumes than are residential streets. Because uncongested traffic flow is necessary for their effective functioning residential uses are prohibited access to collectors. Collectors are classified as major collectors and minor collectors.

a.

Major collector. The primary function is to carry traffic for most major intraurban trips over one mile, particularly during peak hours. These streets provide only limited direct access to adjacent land. This direct access is usually focused on major facilities, shopping centers or other significant traffic generators. Major collectors are usually designed with four travel lanes and may be either divided or undivided. On-street parking cannot be permitted.

b.

Minor collector. The primary function is to carry traffic for short to medium 1½ mile intraurban trips and serves primarily local traffic. These strips receive traffic from residential streets and transmit it to major collectors and arterials. Minor collectors spaced to relieve excessive traffic volumes on local streets, are commonly designed with two travel lanes.

Structure means anything constructed or erected the use of which requires a fixed location on or in the ground, or which is attached to something having a fixed location on the ground. The term "structure" includes, but is not limited to the following: site-built buildings, industrialized buildings, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes and fallout shelters. The term "structure" includes the term "building."

Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, legacy, or building development, and includes all division of land involving a new street or a change an existing street, and includes resubdivision of property, and where appropriate to the context, relates to the land or area subdivided; provided however, that the following are not included within this definition:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the county.

(2)

Divisions or sale of land by judicial decree.

(3)

The divisions of a tract or parcel of land where all lots are at least five acres.

(4)

Divisions of four or less lots which meet the requirements of the zoning classification in which they are located and such division does not include the construction of a new street or a change in the existing street.

Temporary uses mean a use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

Trailer, travel, means a vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper or travel trailer.

Travel trailer park. See Recreational park.

Truck terminal means a building and premises catering primarily to trucks which may include warehousing facilities, and may include the functions and services of a mechanical garage, but shall not include the storage of trucks or other vehicles for the purpose of using parts for sale or repair.

Undisturbed natural buffer (greenbelt) means a tract of land dedicated to the county in its natural undisturbed state where no vegetation can be removed or planted without a permit. No herbicides, pesticides, or other chemicals, either natural or manmade, can be used in this buffer.

Undue hardship means a condition which shall be considered to exist only when one or more of the following apply to a particular piece of property, and such condition has not been created by actions of the property owner.

(1)

The owner cannot comply with the provisions of this chapter without violating some other ordinance or sections of this chapter.

(2)

The provisions of this chapter create for the property owner a peculiar condition not common to other nearby property owners.

(3)

A conforming use or requirement is incongruous with the remainder of the area in which the property is located.

(4)

The topography of the land or shape of a particular lot precludes a conforming use.

Use, permitted, means those uses specifically listed in this chapter as uses permitted inherently not to include uses herein defined as nonconforming uses.

Use, principal, means the principal purpose for which a lot or the main building thereon is designed, arranged, intended, occupied or maintained and for which it is or may be used, occupied or maintained.

Use, special, means those uses that are permitted in a particular zoning district, but only under certain specified conditions.

Variance means a deviation from or modification of the strict terms of the zoning regulations granted by the zoning appeals board 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 intentional action on the part of the property owner, a literal enforcement of this chapter would result in unnecessary and undue hardship; provided, however, that no variance shall be granted which shall authorize a land use or lot size not otherwise permitted in a particular district.

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

Water system, public, means a potable water supply system other than individual water systems owned by the county.

Yard means a space on the same lot with the principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted. Yards shall be delineated by the setback and setback line definitions.

(1)

Front means that area of a lot lying between the abutting street right-of-way line and the principal building (or front setback line) of the lot and extending across the front of a lot from side lot line to side lot line.

(2)

Rear means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building (or rear setback line) on the lot and on the opposite end of the lot from the front yard.

(3)

Side means that area of a lot between the side lot line and the principal building (or side setback line) on the lot extending from the front yard or front setback line (or front lot line where no front yard/setback line is required) to the rear yard or rear setback line (or rear lot line where no rear yard/setback line is required).

Yard sale means a one-day to two-day sale of common household items from a residential lot. Also the term "yard sale" includes garage sale, carport sale, and rummage sale.

Zoning means the delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.

Zoning map means the legally adopted "Zoning Districts Map of the County of Heard, Georgia."

(Ord. No. 80-100, art. 3, 1-12-1999; Ord. of 4-9-2002, § 1(exh. A); Ord. of 9-11-2007, §§ 36.2, 105.1; Ord. of 5-22-2016(1), § 1; Ord. of 12-27-2016(3); Ord. of 12-19-2017(1), § 1)

The purpose of this chapter is to establish minimum standards for the use of land and improvements in the county. The zoning regulations and districts herein established are designed to:

(1)

Lessen congestion in the streets.

(2)

Provide safety from fire, panic, and other dangers.

(3)

Promote health, and general welfare.

(4)

Provide adequate light and air.

(5)

Avoid undue concentration of the population.

(6)

Provision of transportation, water, sewerage, schools, parks and other public requirements.

(7)

Conserve the value of economy.

(8)

Encourage the most appropriate use of land and structures.

(9)

Promote quality of life for all citizens.

(10)

Provide consistency with land use element of the comprehensive plan.

(Ord. No. 80-100, § 2.1, 1-12-1999)

The requirements of these regulations are minimum permissible standards; and it is expected that developers and the respective decision-making authority will normally strive for quality developments which will exceed these minimum requirements.

(Ord. No. 80-100, § 2.2, 1-12-1999)

By this section, the comprehensive plan adopted by resolution of the county commission is established as the official policy of the county concerning land uses. The incorporated areas of the county are divided into land use categories consistent with the future land use plan in the land use element of the comprehensive plan. The comprehensive plan does not alter or affect the existing zoning districts in the county, does not effectuate an amendment to the official zoning maps, and does not itself permit or prohibit any existing land uses. The land use element of the comprehensive plan shall be amended on an annual basis to reflect changes in land use and to discover any inconsistencies zoning changes have caused in the future land use map.

(Ord. No. 80-100, § 2.3, 1-12-1999)

The land use element of the comprehensive plan shall be updated once each year. This update shall be used to identify current uses of land, emerging growth patterns and any significant change in land use policy as identified by the future land use map of the comprehensive plan. This update shall also be used as policy in the county's consideration of proposed amendments to the zoning map or text of the zoning chapter. All amendments to the county comprehensive plan shall be in accordance with the Minimum Planning Standards and Procedures of the Georgia Planning Act.

(Ord. No. 80-100, § 2.4, 1-12-1999)

(a)

Land use. No land shall be used except for a purpose permitted in the district in which it is located.

(b)

Building use. No building or structure shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building or structure is located.

(1)

Location. Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on lots as herein defined except as approved by the zoning board in the form of a variance.

(2)

Height. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which it is located except for the following:

a.

Chimneys.

b.

Church spires.

c.

Fire towers.

d.

Flagpoles.

e.

Public monuments.

f.

Water towers.

g.

Silos.

(3)

Exceptions. Public and semipublic service buildings, hospitals, institutions and schools may be erected to a height not to exceed 100 feet; churches and temples may be erected to a height not exceeding 75 feet, provided the required side yard and rear yards shall be increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.

(4)

Dimensional regulations. No building or use shall be erected, converted, enlarged, moved or structurally altered except in conformity with the minimum space requirements (i.e., the lot area, floor area, building height, etc.) for the district in which such building is located.

(5)

Temporary buildings. Temporary buildings shall not be permitted in any district except when they are used in conjunction with construction work or pending completion of a permanent building. Such building shall be used for a period not to exceed one year and shall be removed when the construction of the permanent building is completed. Construction of the permanent building is said to be completed at the issuance of a certificate of occupancy.

(c)

Interpretation and application. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this chapter. Except as hereinafter provided, this chapter shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of a lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits or any easements, covenants or other agreements between parties, then the provisions of this chapter shall govern.

(d)

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

(e)

Principal building per lot. Unless provided for elsewhere in this chapter, there shall be no more than one principal building or structure upon any lot in any residential district.

(f)

Required open space may not be used by another building. No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this chapter shall be considered to be part of a required yard, other open space or off-street parking or loading space for any other building or structure.

(g)

Reduction of yards or lot areas. Unless otherwise provided in this chapter, no lot existing at the time of passage of this chapter shall be reduced, divided or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

(h)

Road frontage. Each lot is required to have 150 feet of road frontage to a public-owned or -maintained right-of-way and a driveway within that frontage.

(Ord. No. 80-100, art. 4, 1-12-1999; Ord. of 9-11-2007, § 4-8)