(a)

The zoning regulations and districts herein established have been made for the purpose of promoting the health, safety, morals, convenience, order, prosperity and the general welfare of present and future inhabitants of the county; of lessening congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The regulations have also been made with reasonable consideration among other things to the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings, and encouraging the most appropriate use of land, buildings and other structures throughout the county.

(b)

The comprehensive land use plan herein established has been made for the following purposes: to control, guide and direct development in the county; to protect, preserve and enhance the county's cultural, environmental, economic and social resources; to identify current land uses in order to assist the county in making decisions regarding budgets, finances, utilities and other resources; to enable the county to predict future land uses for planning purposes; to stabilize the land uses in the county; to assist in fulfilling the purposes of the county's zoning regulations; to assist the county in fulfilling its statutory and other legal obligations; and to provide a public document which will serve as a means of general information on land use and development for the citizens of the county.

(Ord. of 7-20-2009, § 1)

For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory. The words "used" or "occupied" as applied to any land or building include the words intended, arranged, or designed to be used or occupied. Any words not herein defined shall be construed as defined otherwise in this Code. Where definitions in this Code are in conflict with those herein, the definitions herein shall prevail. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise.

Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

Administrative officer means the person, officer, or official and his authorized representative, whom the board of county commissioners has designated as its agent for the administration of this chapter. The administrative officer is also called the zoning administrator.

Adult service facility means a commercial establishment in which the patron directly or indirectly is charged a fee to engage in private, personal contact with employees, patrons, or personnel primarily for entertainment purposes, using steam rooms or other devices or equipment provided by the establishment, and that is not otherwise regulated as an adult entertainment establishment or massage establishment.

Agriculture means the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

Airport means a transportation terminal facility where aircraft take off and land.

Airstrip, private, means an area designated for the takeoff and landing of private, noncommercial aircraft, with no terminal facilities and no scheduled takeoffs and landings.

Alley means a secondary way which affords access to the side or rear of abutting property.

Alteration means 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.

Antenna, dish, means a structure intended for receiving audio or video signals via a satellite orbiting the earth. It is constructed of a round or square surface, which is parabolically curved focusing on a low-noise signal amplifier and the apparatus is mounted on a base.

Bed and breakfast means a detached dwelling in which rooms are rented to transient guests on an overnight basis and meals may be served only to overnight guests.

Block means a unit or area of land bounded by public highways or streets, other than alleys, or a combination of streets, public lands, railroad rights-of-way, waterways or any other barrier to the continuity of development.

Boardinghouse or roominghouse means a building other than a hotel used or intended for use as a place for lodging or feeding or both, for compensation, of three or more persons but not exceeding 20, customarily rented for a weekly or monthly basis.

Buffer means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. Buffer strips do not include buildings but may include fences or berms, as well as trees and shrubs.

Buildable area means the area of a lot remaining after the minimum yard, setback and open space requirements have been met.

Building means any structure having a roof and intended for shelter, housing, or enclosure of persons, animals, or property of any kind.

Building envelope. See Buildable area.

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

Building inspector means the designee of the administrative officer responsible for issuing building permits and related duties.

Building line means a line parallel to a specified minimum distance from the front, side, or rear property lines or the right-of-way beyond which no foundation wall or part of the structure of any building projects with the exception of roof overhang, steps, and the subsurface projection of footings.

Building setback means the line parallel to a property line or right-of-way, which represents the minimum distance a building must be set back from the property line or right-of-way measured at the foundation of the building.

Building, accessory, means a building used for a purpose that is customarily incidental and subordinate to the principal use or structure, and located on the same lot as such a principal use or structure.

Building, principal, means the building on a lot in which the principal use of the lot is conducted. In a residential district, a dwelling shall be deemed to be the principal building on the lot.

Cemetery means land reserved for burial plots or occupied by grave sites for the deceased, or which may, in the future, be so reserved; it may be maintained either by a family, a church or other place of worship, or a private corporation.

Centerline, right-of-way, means the line running midway between the edges of a surveyed or mapped dedicated right-of-way. Where the edges of right-of-way have not been established by subdivision plat or public purchase, the centerline shall be the line running midway between any adjoining drainage ditches or other publicly maintained road improvements.

Centerline, street, means the line running midway between the edges of pavement of a street.

Clinic means an establishment where patients are admitted for examination and treatment by physicians, dentists, psychologists, or social workers but where there is usually no overnight lodging.

Club or lodge, private, means a group of people organized for a common purpose including religious, fraternal, recreational, cultural, civic, social, or educational meetings that are conducted on a regular nonprofit basis, operated for the benefit of members and not open to the general public. Fraternal organizations must show that they have received recognition and sanction from a parent group or organization. A private club's membership is limited by either:

(1)

The use and operation of an amateur athletic facility including but not limited to golf courses, tennis courts, shooting ranges or swimming pools; or

(2)

Residency in a particular subdivision, condominium, multifamily apartment, or other residential development.

Clubhouse means a building, or portion thereof used by a club.

Comprehensive plan means the overall plan for development for the county, or any part or element of that plan, adopted by the county commission, as amended.

Condominium means a building, or group of buildings in which units are owned individually, and the structure, common area and facilities are owned by all the owners on a proportional, undivided basis under the Georgia Condominium Act.

Conservancy lot means a lot not held in common ownership within a conservation subdivision and that is limited to use for one principal dwelling unit and that contains a designated permanent green space area protected by conservation easement that contributes to the green space requirements of the county code.

Conservation area, primary, means all 100-year floodplains, wetlands, and steep slopes greater than 25 percent grade that are set aside as permanent open space on a development parcel.

Conservation area, secondary, means lands that are set aside as permanent open space on a development parcel, that are not primary conservation areas.

Conservation subdivision means a subdivision planned using the conservation subdivision design method as outlined in article VI of chapter 105 of these ordinances.

Conservation subdivision design means a type of residential development planning which complies with the requirements of article VI of chapter 105 of these ordinances.

Conspicuous means noticeable from the nearest public street. The term "conspicuous" also means readily visible to the general public.

Construction plans means the maps, drawings, and analyses that conform with an approved preliminary plat that show the specific location and design of improvements to be installed including street design and profile, grading and drainage, utility construction, sediment and erosion control, and other design information which may be required by the director of planning to show conformance with all ordinances, laws, and regulations.

Conventional construction means a building constructed on the building site from basic materials delivered to the site; and which is constructed in accordance with the current edition of the International Building Code or International Residential Code produced by the International Code Council as adopted and amended by the state.

Crosswalk means a right-of-way within a block dedicated to public use, intended primarily for pedestrian use, and designed to provide access to adjacent roads and lots.

Curb cut means the opening along the curbline where vehicles may access an adjoining lot and enter or leave the roadway.

Day care center means a private establishment enrolling seven or more persons for group care, without transfer of custody, for less than 24 hours per day and which is licensed to operate as a day-care center.

Day care, home, means an establishment operated by any person with or without compensation, providing care for up to six children, without transfer of custody, for less than 24 hours a day. All children not yet of school age who are related to the person operating the facility and who reside in the home shall be included in computing the number.

DCA means the state department of community affairs.

Density means the number of people, households, or dwelling units per unit of land or conversely, the number of acres of land per dwelling unit, etc. Unless otherwise stated, residential density is calculated based upon the gross acreage of a site or tract of land.

Design standards means criteria that set forth specific improvement requirements.

Developer means the person, corporation, firm, association, partnership or other legal entity that is the legal owner of land or is the owner's agent or who holds an option to purchase land and who is seeking to obtain a building permit, a development permit, to subdivide land or to rezone land for a proposed development.

Development plan. See Construction plans.

Director of planning means the official, or his designee, responsible for the administration of this chapter.

Double wide means an obsolete term used to describe a mobile home or manufactured home having a width of generally between 20 and 28 feet. In the context of this chapter the term "double wide" has no specific meaning. See Manufactured home.

Drainageway means any surface watercourse, river, stream, gully, ditch, or swale—either natural or manmade—which serves as a collector and free flowing channel for accumulated stormwater.

Dwelling means a building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boardinghouses, or roominghouses.

Dwelling, condominium, means an individually owned dwelling unit in an attached, detached, or multifamily structure, with joint ownership of common areas of the buildings and grounds.

Dwelling, multifamily apartment, means a dwelling containing three or more adjoining dwelling units, typically occupied by renters, and the area immediately surrounding the dwelling is landscaped and may contain recreation facilities for the private use of dwelling occupants.

Dwelling, patio, means a single-family dwelling in which all or a portion of the area required for side and rear yards may be consolidated into one or more garden court spaces within the walls of the dwelling unit.

Dwelling, single-family attached, means a building containing two or more single-family dwelling units joined at one or more points by one or more party walls or other common facilities (not including the walls of an enclosed courtyard or similar area) and with property lines separating each dwelling unit. A single-family attached dwelling is also called a townhouse dwelling.

Dwelling, single-family detached, means a single residential detached building designed for or containing one dwelling unit.

Dwelling, two-family, means a detached dwelling designed, constructed, altered, or used for two adjoining dwelling units, with each dwelling unit having a party wall connecting it with the other dwelling unit, located on one lot; a two-family dwelling is also known as a duplex.

Dwelling unit means one or more rooms within a dwelling forming a separate, independent housekeeping establishment for use of one family involving owner or renter occupancy, with provisions for cooking, eating, and sleeping, and which is physically set apart from other rooms or dwelling units in the same building.

Easement means the right or privilege of using another's property, for purposes such as ingress and egress or for constructing and maintaining sanitary sewers, water mains, electric lines, telephone lines, drainageways, storm sewers, gas lines, bicycle paths, vehicle or pedestrian ways, and other purposes.

Elevation, front, means the view of a building or group of buildings as seen from directly in front of the structure.

Entertainment business, adult, means any one or any combination of the following:

(1)

Adult bookstore means an establishment having a substantial or significant portion of its stock in trade books, printed materials, magazines or other periodicals or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising at least five percent of its total floor space, devoted to the sale or consisting of said printed material or novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

Adult business means an establishment, other than those expressly specified in this section, where employees or patrons expose specified anatomical areas or engage in specified sexual activities.

(3)

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(4)

Adult mini-motion picture theater means an enclosed building, or enclosed or semi-enclosed room or booth within an enclosed building, with a capacity of less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas for observation by patrons therein.

(5)

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

(6)

Adult video store means an establishment having a substantial or significant portion of its stock in trade, videotapes, movies, CD-ROMs, or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising at least five percent of its net sales from said videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(7)

Erotic entertainment/dance establishment means a nightclub, theater or other establishment which features live performances by dancers, entertainers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(8)

Escort bureau, introduction services means any business, agency or persons who, for fee, commission, hire, reward, profit or other consideration furnishes or offers to furnish names of persons or who introduces, furnishes or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusements, or who may consort with others about any place of public resort or within any private quarters.

(9)

Lingerie modeling studio means an establishment wherein a patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments.

Factory-built housing means an obsolete term used to describe an industrialized home. See Industrialized home.

Family means one or more persons related by blood, marriage, or by act of law, including up to three additional unrelated individuals, living as a single household unit. A family may also consist of no more than four unrelated individuals living as a single household unit.

Farm means any tract of land which is devoted to agriculture, including, but not limited to, the production of row crops, livestock, fish, fowl, bees, commercial timber and forest products, fruits, grapes, nuts, berries, ornamental flowers and greenhouse products, or lands devoted to soil conservation or forestry management regardless of the quantity or value of production. See Agriculture.

Flag lot means a lot, the main portion of which has no frontage on a public road except for a narrow connecting strip of land providing access to the public road.

Flood boundary means the limit of the floodplain consisting of the floodway and the flood fringe area shown on the most current edition of the flood hazard boundary map, published by the Federal Emergency Management Agency (FEMA).

Floor area, commercial, means the gross leasable floor area for any business or industry based on interior dimensions measured from the inside perimeter of the exterior walls or the centerline of any wall separating two attached buildings or units and without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features.

Floor area, residential, means the total heated area within a dwelling of all floors having floor-to-ceiling height not less than 6½ feet measured from the exterior face of the exterior walls of the dwelling but not including any unoccupied or unheated attic, basement, garage, carport, patio, and open porch.

Food bank means an organization that subcontracts with other organizations throughout the state, like food pantries and soup kitchens. Some food banks distribute food through brown bag programs to the elderly.

Food pantry means any organization that distributes food to low income and unemployed households for home consumption. A food pantry generally receives commodity foods from the local food bank in their area for a small handling charge.

Garage or carport, private, means a covered space for the storage of one or more motor vehicles belonging to the occupants of the principal building on the lot.

Garage, public, means any garage, other than a private garage, which is used for storage, rental, servicing, washing, adjusting, or equipping of automobiles or other motor vehicles, but not including the storage of wrecked or junked vehicles.

Garage, repair, means a public garage intended to be used to make automobile, motorcycle, lawn mower, or other motor vehicle repairs.

Gasoline service station means a land use where fuel, gasoline, oils, greases, batteries, tires, and general automobile accessories and service may be provided, but where no part of the premises is used for the storage or dismantling of or vehicles or for painting or major repair.

Green space means that portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Green space may be accessible to the residents of the development and/or the public or it may contain areas of conservancy lots that are not accessible to the public. Green space consists of all primary and secondary conservation areas.

Guest house means an accessory building subordinate to a principal single-family dwelling used as a dwelling only for family members or guests. Guest house shall not have a separate driveway coming off of the county or state road from the principle residence and a secondary driveway coming off the principle driveway shall be a minimum of 100 feet from the right-of-way of the county or state road. The guest house will have to share the same electrical service as the principle single-family dwelling. The guest house will only be for non-commercial boarding of guests. The maximum size for a guest house is 750 heated square feet. A guest house is only allowed in Agricultural (AG) and Rural Residential (R-R). See section 119-269 (table of permitted uses) for info for guest house also.

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises and entirely within the principal dwelling or within an accessory building as provided in this chapter.

Hotel means a facility in which overnight accommodations are provided to the public and which may offer additional services such as restaurants, meeting rooms, and recreation facilities. The term "hotel" includes the terms "motel" and "tourist court."

HUD means U.S. Department of Housing and Urban Development.

Impervious surface means a manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples of impervious surfaces are buildings, roads, driveways, parking lots, decks swimming pools, or patios.

Industrialized building means any structure or component thereof, which is, wholly or substantially, 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 bears the insignia of approval issued by the commissioner of the state department of community affairs.

Industrialized home means a dwelling manufactured in accordance with the Georgia Industrialized Building Act and the rules of the commissioner of the state department of community affairs issued pursuant thereto. State-approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner.

Inn means a commercial facility for the housing and feeding of travelers and transient persons containing ten or fewer units for rent.

Institutional use means a nonprofit corporation or quasi-public use or facility such as a church or other place of worship, library, museum, public or private school, hospital or a governmentally-owned or operated building, structure, or land used for public purpose.

Junked vehicle means any wrecked or non-operable automobile, truck, or other vehicle that does not bear a current license plate.

Junkyard means any use involving the parking, storage or disassembly of junked vehicles, or wrecked or non-operable automobiles, machinery, trucks, or other vehicles; storage, bailing, or otherwise dealing in bones, animal hides, used tires, scrap iron and other metals, used paper, used cloth, used plumbing fixtures, old household appliances, and used brick, wood, or other building materials. These uses are considered junkyards whether or not all or part of these operations are conducted inside a building or in connection with, in addition to, or accessory to other uses of the premises.

Kennel means any establishment, other than an animal shelter, where dogs, cats, or other small domestic animals are maintained for boarding, holding, training, or similar purposes for a fee or compensation.

Landfill means a disposal site where solid wastes, other than putrescible wastes or hazardous wastes, are disposed of on land by placing an earth cover thereon, sometimes referred to as a dry landfill.

Landfill, hazardous waste, means a disposal site where hazardous wastes are disposed.

Landfill, sanitary, means a disposal site where solid wastes, including putrescible wastes other than hazardous wastes, are disposed of on land by placing an earth cover thereon.

Loading space means space logically and conveniently located for pickup and delivery service, scaled for the delivery vehicles anticipated and accessible to such vehicles at all times.

Lot means a designated parcel, plot, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot coverage means that portion of a lot that is covered by buildings, structures, driveways, turnarounds, and/or other impervious surfaces.

Lot frontage means the length of the front lot line measured at the street right-of-way line.

Lot of record means a lot which exists as shown on a plat or described in a deed which has been recorded in the office of the clerk of the superior court of the county, or a leased lot that has remained in generally consistent configuration and has been depicted on the tax assessor's maps as a discreet parcel, with or without a recorded legal description, since the year 2000.

Lot remnant means any portion or portions of a lot not suitable for building upon because of size or topography and remaining after the transfer of other portions of the lot to adjoining lots.

Lot, corner, means a lot located at the intersection of two or more streets or located on a curve formed by a single street forming an interior angle of less than 135 degrees.

Lot, double frontage, means a lot, other than a corner lot, which has frontage on two streets.

Lot, multiple frontage, means a lot, other than a corner lot, which has frontage on more than two streets.

Lot, reverse frontage, means a through lot which fronts a different direction from the ordinary or primary frontage of other adjoining lots along the same street or in the same block.

Lot width means the horizontal distance between side lines of a lot measured along a line parallel to the road at the required front building setback line.

Manufactured (mobile) home means a structure, transportable in one or more sections, 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 herein. There are three classes of manufactured homes (Class A, Class B, and Class C) that are regulated by the U.S. Department of Housing and Urban Development (HUD).

Manufactured home, Class A, means a manufactured home bearing a label certifying it is constructed in compliance with the Federal Manufactured Home and Standards Act 42 USC 5401—5445 (the HUD Code, which became effective on June 15, 1976), and satisfying each of the following additional criteria:

(1)

The home has a length not exceeding four times its width;

(2)

The pitch of the home's roof has a minimum vertical rise of four feet for each 12 feet of horizontal run. The home shall have eaves with a minimum projection of 12 inches;

(3)

The entry to the home facing the road shall have a porch, deck, or entry area extending at least six feet out from the home, and having a minimum width of eight feet;

(4)

All other entrances shall have a deck or landing at least four feet by four feet or the size of the opening;

(5)

The exterior siding consists of wood, hardboard, vinyl, or plastic siding material comparable in composition, appearance, and durability to exterior siding commonly used in standard residential construction;

(6)

A continuous foundation wall or skirt, unpierced except for required ventilation and access, and constructed of brick, block, or stone, installed so that it encloses the area located under the home to the ground level. Such wall must meet the standards specific in ANSI A225.1;

(7)

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

(8)

At the time of installation, the home shall not be greater than ten years old.

Manufactured home, Class B, means a dwelling unit fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home and Standards Act 42 USC 5401—5445 (the HUD Code, which became effective on June 15, 1976), but does not satisfy the criteria necessary to qualify the unit as a Class A manufactured home. All manufactured homes must be installed in accordance with ANSI A225.1.

Manufactured home, Class C, means any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home (not constructed to the HUD code).

Manufactured home space means an area of land within a planned manufactured home community designed to accommodate one manufactured home.

Manufactured housing means a general term used to describe a type of housing which is produced, either completely or partially in a factory, including manufactured homes, modular homes, and industrialized homes. In the context of this chapter, the term "manufactured housing" has no specific meaning.

Mobile home. See Manufactured home.

Mobile home park is an obsolete term used to describe a manufactured home park. In the context of this chapter, the term "mobile home park" has no specific meaning. See Planned manufactured home park.

Modular home means a type of industrialized building that is a factory-fabricated single-family dwelling constructed in one or more sections. At the time of installation the home shall not be greater than ten years old.

Multi-section home is an obsolete term used to describe a manufactured home finished in two or more sections. In the context of this chapter, the term "multi-section home" has no specific meaning. See Manufactured home.

Nonconforming lot means a lot of record lawfully existing at the effective date of the ordinance from which this chapter is derived (and not created for the purpose of evading the requirements of this chapter or chapter 105, development standards and regulations) but which fails by reason of the adoption or amendment of this chapter to conform to the present requirements for area, dimensions, or location of the zoning district.

Nonconforming structure or building means a structure or building the size, dimensions or location of which was lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located.

Nonconforming use means a use or activity which was lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district.

Nursing home means a facility which admits patients on medical referral or for whom arrangements have been made for continuous medical supervision. It maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. It otherwise complies with the rules and regulations of the state.

Owner of record means the owner of property as specified on the deed of the lot of record.

Parking space means the storage space for one motor vehicle.

Parks and playgrounds means public, private or common area land, open spaces, or recreation areas represented on a subdivision plat as dedicated, reserved, or intended to be reserved, for recreational purposes.

Pedestrian way means crosswalk or other areas designed and marked specifically for pedestrian traffic.

Percentage of grade means the change in elevation as it relates to horizontal distance, usually expressed as vertical change in elevation per 100 feet of horizontal distance. For streets, it is measured down the street centerline.

Personal care home means a building or group of buildings, a facility, or place in which is provided two or more beds and other facilities and services, including rooms, meals, and personal care for non-family ambulatory adults. It otherwise complies with the rules and regulations contained in chapter 290-5-35 (Ga. Comp. Rules & Regs. ch. 290-5-35): Personal Care Homes (Rules of the Georgia Department of Human Resources). For the purpose of this chapter, personal care homes are classified as follows:

(1)

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

(2)

Group personal care home means a home for adult persons in a residence or other type of building, non-institutional in character, which offers care of seven through 15 persons.

(3)

Congregate personal care home means a home for adults which offers care to 16 or more persons.

Plan, conceptual, means a draft drawing of a proposed development, either residential or nonresidential or both, showing the proposed layout in sufficient detail, although not completely computed, to indicate the developer's intent.

Planned apartment community means a residential community of multifamily apartment dwellings conforming to an approved development plan; with appropriate and adequate formal green space, community services, recreation facilities, utilities, streets, parking and sidewalks provided by the developer.

Planned development means a coordinated large-scale or comprehensive development designed and constructed according to a development plan that has been approved by the county commission.

Planned manufactured home community means a lot used or intended for use as a residential area occupied by manufactured homes; and conforming to an approved development plan with appropriate and adequate community services, recreation facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns or rents the manufactured home and rents the manufactured home space. All manufactured home parks must be designed and constructed in accordance with ANSI A225.1 (NFPA 501A), Manufactured Home Installations 1982, as amended.

Planning commission means the county planning and zoning commission.

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

Plat, final, means a recordable map of a subdivision, meeting all of the requirements of county ordinances and complying with the Georgia Plat Act, which is used to transfer portions of a property to others after development has been completed.

Plat, preliminary, means a map of a proposed subdivision meeting the requirements of this Code and showing the proposed layout in sufficient detail to show the intent of the developer and that, upon approval, becomes the plan governing construction of the subdivision.

Plat, sketch, means a draft drawing of a proposed subdivision prefatory to the preliminary plat meeting requirements of this Code and showing the proposed layout in sufficient detail, although not completely computed, to indicate the developer's intent.

Pre-application review means an initial and informal stage of subdivision review at which the developer may present the sketch plat and the director of planning may discuss the applicable subdivision regulations.

Pre-engineered metal building means a structure which includes a pre-engineered and shop-fabricated structural steel building frame, metal wall and sloped roof system, and exterior doors and windows, which has been manufactured so as to facilitate erection at a location other than where it was fabricated. The term "pre-engineered metal building" does not include greenhouses, garden sheds and similar structures not exceeding 150 square feet of floor area. Detached metal garages are permitted subject to placement upon a permanent foundation with concrete flooring in R-1 and R-2 districts.

Pre-fabricated home means a general term used to describe any home constructed in a factory setting including manufactured homes, modular homes, and industrialized homes. In the context of this chapter, the term "pre-fabricated home" has no specific meaning.

Prescriptive easement road means a road or right-of-way owned jointly or severally by the adjacent landowners. In the case of county roads, the county has the right to use and maintain the roadway from ditch to ditch. Subdivision roads are not allowed to exit into county roads that are limited to prescriptive easement rather than dedicated right-of-way with ownership in the county.

Prime farmland means the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Jasper County Georgia (published by the USDA and the UGA College of Agriculture Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses.

Private driveway means a non-public, privately owned accessway.

Private street means any street within a subdivision that meets appropriate public street design standards, but, for purposes of controlled access or privacy, is not dedicated to the county and is not public.

Professional office building means a building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include as accessory uses services for office workers such as a restaurant, coffee shop, newspaper stand or candy stand.

Protective covenants means private contracts made between private parties, or conditions recorded upon an approved plat and running with the title to the land, specifying the manner in which land may be used, developed, or improved with the intent of protecting and preserving the physical and economic integrity of a given area.

Public hearing means an official meeting of a public body announced and advertised in advance and open to the public, at which the public has the opportunity to speak and participate.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(3)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Reserve strip means a strip or parcel of land along, around, or between properties for the purpose of restricting access.

Right-of-way means a strip of land designated, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility line installation.

Road classification means the categories for each street, roadway, highway, and right-of-way in the county based upon their location in the respective zoning districts, their present and estimated future traffic volume and their function as specified in the county comprehensive plan for the purpose of providing for their development and future improvement. The following are the main classes of roads in the county:

(1)

Marginal access street. A marginal access street is a loop street designed so as to provide secondary access only.

(2)

Local street. A local street is a street used primarily for access to the abutting properties, serving travel demands in the immediate area, and designated as such on the Jasper County Rural Thoroughfare Network Map.

(3)

Collector street. A collector street is a street which usually serves to either provide direct access to lots or distribute traffic from individual lots to arterial streets. It may also connect neighborhoods with one another. It should be designed to discourage excessive speeds and through traffic. It is designated as such on the Jasper County Street Classification System Map.

(4)

Arterial street. An arterial street is a primary road connecting distant cities, towns, or regions designed for higher speeds, greater volumes, and fewer direct access points than collector streets.

Road, county, means any street or right-of-way, paved or unpaved, which is owned or maintained by the county.

SBCCI means Southern Building Code Congress International.

Sectional home is a general term used to describe any home constructed in a factory setting, especially manufactured homes. In the context of this chapter, the term "sectional home" has no specific meaning.

Setback means the shortest distance between a building and any road right-of-way line adjoining the lot on which the building is located.

Setback line means the line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. See Building line.

Short-term rental means an accommodation for transient guest, where in exchange for monetary compensation, a residential dwelling unit is provided for the purpose of overnight lodging for a specified period of time; and where any person (including owners of private residences, cabins, or cottages and rental agents who rent such accommodations to transients on behalf of the owner) who make a sale or charges for any room, lodging or accommodation is considered a retailer and dealer for purposed of administering the Georgia sale and use tax laws (GA Department of Revenue Bulletin SUT 2018-08 03/08/2018). This definition does not include bed and breakfast.

Single wide is an obsolete term used to describe a mobile home or manufactured home having a width of between eight and 14 feet. In the context of this chapter, the term "single wide" has no specific meaning. See definition of Manufactured home.

Site-built home. See Conventional construction.

Stable means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles or other similar purposes.

Story means that portion of a building, not including a basement, between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it.

Stream means a watercourse having a source and terminus, banks, and channel through which water flows at least periodically.

Street means any vehicular way which:

(1)

Is an existing state, county, or municipal roadway;

(2)

Is shown upon a plat approved pursuant to law;

(3)

Is approved by other official action;

(4)

Is shown on a plat duly filed and recorded in the office of the county clerk of superior court prior to the appointment of a planning commission and the grant of subdivision review powers to said commission.

The term "street" includes the land between the right-of-way lines, including those of prescriptive easements, whether improved or unimproved or if said lines are not established by survey, then it includes the land between the adjoining drainage ditches.

Street, cul-de-sac, means a local street designed to have one end permanently closed with a turnaround area for vehicles.

Structure means anything constructed or erected for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Subdivision.

(1)

The term "subdivision" means the division of a tract of land into two or more lots, building sites, or other divisions, for the purpose—whether immediate or future—of sale, legacy, or building development. This definition includes all of the following:

a.

All divisions of land involving a new street.

b.

All divisions of land involving a substantial change in existing streets.

c.

Any re-subdivision of land into two or more lots if any lot is smaller than ten acres.

(2)

The term "subdivision" does not include the following:

a.

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 set forth in this chapter.

b.

The transfer of unsubdivided land or the transfer of a lot or parcel of land established by deed or plat recorded in the office of the clerk of the superior court of the county prior to the initial effective date of the ordinance from which chapter 105, pertaining to development standards and regulations, is derived.

c.

The division of land among heirs by judicial decree.

Subdivision, major, means all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extensions of local government facilities or the creation of any public improvements.

Subdivision, minor, means any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of local government facilities or the creation of any public improvement, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, official map, or this chapter.

Total tract area means the area within the boundaries of any tract of land proposed for development less the area of any water bodies and any rock outcrops.

Trailer is an obsolete term used to describe a mobile home. In the context of this chapter, the term "trailer" has no specific meaning.

Trailer court means an obsolete term used to describe a planned manufactured home community. See Planned manufactured home community.

Trailer park means an obsolete term used to describe a planned manufactured home community. See Planned manufactured home community.

Travel trailer means a vehicle designed as a temporary dwelling for travel or recreational uses, not more than eight feet in width and not more than 30 feet in length.

Travel trailer park means a lot on which are parked and used two or more travel trailers for a period of less than 30 days.

Use means any purpose for which a building, lot, or 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.

Use, accessory, means a use customarily incidental and subordinate to the principal use, and located on the same lot as the principal use.

Use, conditional, means a use, which is permitted in a particular zoning district, but only under certain specified conditions.

Use, principal, means the main purpose for which a lot is intended and for which it is used.

Variance means a permit issued by the board of appeals which allows use of a parcel of land in a way that does not meet the literal requirements for the district in which the property is located.

Yard means a required open space on a lot that is left unoccupied with structures, except as permitted in this chapter.

Yard, front, means the open space of a lot located between the right-of-way boundary of the abutting street and the front building setback line projected to the side lot lines.

Yard, rear, means the open space between the rear property line and the rear building line projected to the side lot lines.

Yard, side, means the open space between the side property line and the side building line extending from the rear line of the front yard to the front line of the rear yard.

Zoning administrator means the director of planning or his authorized designee.

(Ord. of 7-20-2009, § 3; Ord. of 3-2-2020, § 2; Ord. of 8-3-2020, § 3; Ord. of 1-4-2021, § 1; Ord. of 12-6-2021, § 5; Ord. of 9-11-2022, § 1; Ord. of 08-05-2024(2))