Zoneomics Logo
search icon

Mitchell County Unincorporated
City Zoning Code

ARTICLE III

- DEFINITIONS

For the purposes of these regulations, certain words and tenses used herein shall be interpreted or defined as follows:

Words used in the present tense include the future tense.

The singular number includes the plural and the plural, the singular.

The word "person" includes a corporation, partnership, or association as well as an individual.

The term "shall" is always mandatory and not merely directory.

Terms not herein defined shall have the meanings customarily assigned to them.

The term "governing body" shall mean the Board of Commissioners of Mitchell County, Georgia.


Sec. 3.01. - Definitions.

Accessory building: A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with and related to the principal structure or use of land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bathhouses (used in conjunction with swimming pools) and similar uses.

Accessory use: The use customarily incidental and accessory to the principal use of a building located upon the same building site as the principal use.

Adult entertainment businesses: Any business such as motion pictures, theaters, mini-motion theaters, erotic dancing, escort services, bookstores, etc., characterized by an emphasis on sexual activities.

Agriculture: Agriculture shall be considered to mean the raising of crops and/or livestock in a customary manner and shall include all associated activities. Retail selling of products raised on the premises shall be considered a permissible activity provided that space necessary for the parking of customer's vehicles shall be provided off the public right-of-way.

Airfield: Any area of land or water utilized for the landing or taking off of aircraft.

Alley: Any dedicated public way providing a secondary means of ingress to or egress from land or structure thereon.

Alteration: Any change, addition or modification in construction or type of occupancy; any change in the structural members of the building, such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed."

Ambulatory: In respect to a person, the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches or hand rails, or by propelling a wheelchair; and can perceive an emergency condition, whether caused by fire or otherwise and escape without human assistance, using the normal means of egress.

Animal feeding operation: A lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility in the normal growing season. ([See] section 11.05.) (A concentrated animal feeding operation (CAFO) is EPD regulated.)

Animal husbandry: Animal husbandry shall mean the commercial care or breeding (excluding grazing) of domestic animals such as cattle, sheep, swine, reptile and foul. ([See] section 11.05.)

Apartment: A room or rooms used as dwelling for one family in a building containing at least one other unit used for the same purpose. Has at least, cooking facilities, bathroom, and a place to sleep.

Apartment houses: A residential structure containing three or more apartment units.

Automobile wrecking yard, used parts, or graveyard: Means anywhere three or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition for automobile parts.

Basement: A portion of a building partly below grade and having less than five feet above the finished grade level of the building.

Bed and breakfast: Overnight accommodations and a morning meal in dwelling unit provided to transients for compensation. Comment: Bed and breakfasts accommodations differ from rooming and boardinghouses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility. The impact of a bed and breakfast should not be much greater than that of a private home with frequent houseguests, with the exception of parking demand.

Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, drainage ways, or boundary lines of municipalities or counties.

Boardinghouse: A residence or part thereof where meals or lodging and meals are provided for compensation to three or more persons by prearrangement for definite periods. A boardinghouse is to be distinguished from a hotel, motel or a nursing home.

Buffer: That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space for the purposes of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extends the developed portion of the common property line. A buffer consists of trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buildable area: The buildable area of a lot is the space remaining after the minimum open space requirements of these regulations have been completed [complied] with.

Building: Any structure having a roof, supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or goods. Where roofed structures are separated from each other by party walls having no opening passage, each portion so separated shall be considered a separate building.

Building height: The vertical distance of a building measured from the average elevation of the finished grade to the highest point on the roof surface.

Building inspector: The building inspector of the governing body, or his representative.

Building line: A line established, in general, parallel to the front right-of-way line, between which line and the front right-of-way line no part of a building shall project, except as otherwise provided by these regulations. Minimum building lines are set by this ordinance.

Building, principal: A building in which is conducted the principal use of the lot on which it is located.

Caretaker or employee residence: An accessory residence located inside or in addition to the principal structure or use of a parcel of land. Said residence must be occupied by a bona fide caretaker or the owner himself as necessary to the property's orderly operation or safety.

Clerk: The clerk of the governing body.

Clinic: A professional office where the services of more than one practitioner can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided.

Club: An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit.

Comprehensive plan: The adopted county plan intended to guide the growth and development of Mitchell County.

Conditional use: A use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the county commission after the planning commission has reviewed the proposed site plans for the use, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability ([See] article V, section 5.18.)

Convalescent home: A convalescent home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said home shall conform and qualify for license under state laws.

Curb cut: An existing curb and gutter for the construction of a driveway to provide for ingress/egress between property and an abutting public street.

Day care facility: A day care facility is an individual or jointly owned facility designated to offer care and/or training to children unrelated to the owner or director for any part of a day on a regular basis. Such facility may or may not be operated for profit. Day care is not a baby-sitting service to be used for the convenience of the parents at irregular intervals (drop-ins).

A.

Group center (day nursery, day care center) is defined as a facility for six or more children, regardless of age, whose primary purpose is the care of the child for part of a day, while his parent or parents are absent from home.

B.

Nursery school is defined as a school for two, three, and four year old children which operates for periods not to exceed four hours a day and whose primary purpose is education and guidance for healthy emotional and social development of children.

C.

Kindergarten is defined as a school for four or five year old children which operates for periods not to exceed four hours a day and whose primary purpose is education and guidance for healthy emotional and social development.

D.

Family day care is defined as a service in a private home, offering care in a family setting to a maximum of five children, including the foster family's own children during part of the day while the natural parents are absent from their home.

E.

Adult day care is defined as personal care and supervision in a protective setting for adults outside their own home for less than 24 hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli or a combination of these. Adult day care is available for those persons who do not require 24-hour per day institutional care, but who, because of physical and/or mental disability, are not capable of full time independent living.

Density: The number of dwelling units permitted on an acre of land. As used in this ordinance, all densities are stated in dwelling units per gross acre.

District: A portion of the jurisdiction of the governing body within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot areas and other requirements are established.

Drive-in establishment: A business establishment, other than a drive-in restaurant, so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, and may include drive-in banks, drive-in cleaners, and drive-in laundries.

Drive-in restaurant: A restaurant or other establishment serving food and/or drink so developed that its retail or services character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle.

Dwelling, multiple: A building or portion thereof used or designed as a residence for three or more families living and cooking independent of each other in said building. This definition includes three-family houses, four-family houses and apartment houses, but does not include hotels, motels, trailer camps or manufactured home parks.

Dwelling, single-family: A building used or designed for use as a residence for a single-family.

Dwelling, two-family (duplex): A duplex is a building either designed, constructed, altered or used for two adjoining dwelling units that are connected by a common wall and/or if two story by a common floor.

Erected: Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of the erection.

Essential services: The erection, construction, alteration, or maintenance by public utilities, governmental departments or commissions, of underground, surface, or overhead; gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers, pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrant and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general public health, safety, convenience or welfare.

Family: An individual or two or more persons related by blood or marriage, or a group of not more than six persons not related by blood or marriage, living together as a single housekeeping unit and using only one kitchen or one area for the preparation of meals.

Farm: A parcel of land that is used for growing crops, raising livestock, or other agricultural purposes within agricultural zoning districts.

Farm stand: A booth or stall located on a farm from which produce and farm products are sold to the general public.

Fast food restaurant: A fast food restaurant is defined to be a restaurant that has all of the following characteristics:

A.

Its principal business is the sale of food items and beverages of the kind that can readily be taken out of the restaurant for consumption off the premises.

B.

Utensils, if used at all, are made of plastic or other disposable materials. Food is packaged in paper or Styrofoam or other disposable containers.

C.

Service is not customarily provided to customers at their tables by employees of the restaurant.

Filling: Shall mean the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.

Flag lot. A lot having a narrow stem that fronts a public road. The minimum frontage requirement is 60 feet on a flag lot. The lot width requirement is a minimum 60 feet across the stem and 150 feet at the building setback line for the remainder of the lot. Flag lots with four acres or less may be permitted to locate a maximum of two homes on the lot. Flag lots with five acres or more may be permitted to locate a maximum of four homes on the lot. Maximum density allowed is based on health department approval and the zoning ordinance.

Flea market: An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts or any other combination of new or used goods. These markets, sales and displays are those that occur continuously or frequently, and specifically more than two times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial staff or designated area from which the vendor markets his/her goods.

Floodplain: A nearly level alluvial plain that borders a stream and is subject to flooding unless protected artificially.

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and education.

Garage, private: An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, public: Any premises used for the storage or care of motor vehicles or place where any such vehicles are equipped for operation, repaired or kept for pay, hire or sale.

Garden, private: A noncommercial private garden in which is an accessory use to the primary use of the zoning district. The primary use must be present at the same location as the garden in any zoning district with the exception of agricultural zoning districts.

Groundwater recharge ordinance: The adopted county ordinance, which regulates development in the county's identified significant groundwater recharge areas.

Group home: A group home is a residential use (home) of a property for the care of individuals in the home environment that have mental and/or developmental disabilities or individuals who will benefit socially from living in a group environment. All group homes must be licensed by the appropriate state agency.

Guest home: A building or portion thereof used or designed for uses as a residence, specifically as an accessory use to the principal building.

Halfway house: A group home facility, which is licensed or supervised by any federal, state or county, to be used for health/welfare rehabilitation or similar purposes.

Home occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

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

Industrialized building (modular home): A structure or component which is wholly or in substantial part made, fabricated, formed or assembled in or at a manufacturing facility and delivered to a building site for fabrication and installation. Such building must bear an insignia, label, or decal issued by the Georgia Department of Community Affairs to certify the unit as to construction and safety standards.

Junk: Any motor vehicle, machine, appliance, scrap material or other items that are in a condition which prevents its use for the purpose for which it was originally manufactured.

Junkyard: Includes automobile wrecking yards and any area of more than 200 square feet equals 20 feet by ten feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, or other vehicles or machinery or parts thereof.

Kennel: Any lot or premises on which three or more dogs, four months or older, are kept either permanently or temporarily for commercial or breeding purposes.

Laboratory: A place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not permitted within this definition.

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

Loading space: An off-street space on the same parcel of property with the building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lodginghouse: A lodginghouse or roominghouse is a building other than a hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangement.

Lot: A parcel of land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incident to it, and including open spaces not less in extent than those required in connection therewith by these regulations.

Lot area: The size of a lot measured within the lot lines as expressed in terms of acres or square feet.

Lot, corner: A lot abutting on two streets at their intersection.

Lot coverage: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth: The mean distance between the front and rear lot lines.

Lot, double frontage: An interior lot having frontages on two or more parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, one street will be designated as the front street on the plat and the request for a building permit will indicate which street is the designated front street.

Lot frontage: That portion of a lot extending along a street right-of-way line.

Lot, interior: A lot other than a corner lot.

Lot lines: The property lines bounding the lot.

A.

Front lot line: On a lot abutting upon a public street, the front lot line shall mean the line separating such lot from such street right-of-way.

B.

Rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular shaped lot, the county planner shall designate the rear lot line.

C.

Side lot line: Any lot lines that is not a front or rear lot line.

Lot of record: A parcel of land, the dimensions of which are shown on a map or plat on file with the Clerk of Superior Court of Mitchell County, Georgia, and which actually exists as shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof.

Lot, through: A lot other than a corner lot, having frontage on more than one street.

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

Manufactured home: A factory built structure that is manufactured or constructed under the authority of 42 United States Code section 5401, after June 15, 1976, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.

Manufactured home park: A licensed business operation that leases spaces for permanent or for temporary occupancy for periods exceeding 30 days for manufactured homes.

Manufactured home stand: The site designed for the placement of a manufactured home and its cabana, accessory structures, utility connections and off-street parking facilities.

Mobile home: A mobile home built before June 15, 1976, and does not bear a HUD insignia. Homes that do not bear a HUD insignia are prohibited in Mitchell County. Existing mobile homes in Mitchell County must be brought up to code prior to moving within the county.

Modular homes (industrialized homes): Factory built housing certified as meeting local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes.

Motor vehicle repair: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting; but not including undercoating of automobiles unless conducted in a completely enclosed spray booth.

Motor vehicle wash establishment: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

Nonconforming use: Any building or land use which lawfully exists at the time of adoption of this ordinance and which does not now conform with the use regulations of the district in which it is located.

Nursery (tree and shrub): An area or establishment devoted to the raising and care of trees, shrubs, or similar plant materials.

Off-street parking lot: A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exits for the parking of more than two automobiles.

Open air business uses: Open-air business use shall include the following:

Conditional uses in AG zones:

A.

Retail sale of trees, shrubbery, plants, flowers, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

B.

Retail sale of fruits and vegetables.

C.

Tennis, horseshoe, and archery courts, shuffleboard, miniature golf, and golf driving range, children's amusement park or similar recreation uses.

D.

Solar farms/facilities.

Conditional uses in C-1 and C-2 zones:

A.

Bicycle, trailer, motor vehicles, manufactured homes, boats or home equipment sales, services or rental services.

B.

Outdoor display and sale of prefabricated storage buildings, garages, swimming pools and similar use.

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

Parking space: An area of not less than nine feet wide and 20 feet long, for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

Personal care home: A dwelling in which aged or infirm persons are boarded and receive personal care on a 24-hour basis. All such homes shall be licensed by the appropriate state agency.

Planned unit development: A planned unit development is a single parcel of land within which a number of buildings (uses) are located or intended to be located in accordance with an overall plan of design and not in relation to a prearranged pattern of land subdivision. Examples of a planned unit development (PUD) include a complex of apartment buildings, offices and a shopping center with a number of stores.

Prime farm land: Land in Mitchell County which is best suited for producing food, feed, forage, fiber, and oil seed crops and also available for these uses. It has the soil quality, growing season, and moisture supply needed to produce sustained good yield of crops economically if treated and managed, including water management, according to modern farming methods.

Produce stand/curb market: A permanent or semipermanent building stand not exceeding 200 square feet of floor area intended to provide a place to sell at retail only perishable farm and garden vegetables and orchard or grove fruits, but not including buildings or structures erected by a bona fide farmer for the sale of seasonal produce grown on their land in an agricultural zoning district.

Recreation facility, commercial: A recreation facility operated as a business and open to the public for a fee.

Reference level: The reference level for any building is seven inches above the existing curb, or in the absence of an existing curb, above the crown of the adjacent public road.

River corridor ordinance: The adopted county ordinance that regulates development within the Flint River Corridor.

Rubbish: The miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing offices and construction enterprises, including other waste material such as slag, stone, broken concrete, fly ash, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or and similar or related combinations thereof.

Rural business: A rural business shall be a small office or small-scale retail sales or service type business, which shall be secondary or incidental to the primary use of property for agricultural and residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural-residential areas. Rural businesses shall be similar to home occupations, except that the activity can occur in an accessory structure detached from the principal residence. Rural businesses may be allowed in an AG zone as a conditional use. ([See] article V, section 5.23.)

Screening: Also referred to in the text as "protective screening" is a visual and acoustical barrier which, through the use of buffers, natural topography, landscaping, fences, walls, berms or approved combination thereof, is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet that screens structures and activities on the lot from view from the normal level of a first story window on an abutting lot.

Service station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in vehicles, and including space for facilities for the temporary storage of vehicles, minor repair or servicing.

Shopping center: A complex of stores, restaurants, etc., with common parking area.

Sign area: The smallest square, rectangle, triangle, circle or combination thereof that encompasses the entire area devoted to advertising, information or identification. The term "sign area" includes trim, but excludes structural supports. In the case of a sign with two sides for display, one side only shall be counted in determining sign area.

Sign, freestanding: A sign which is supported by one or more columns, uprights or braces in or upon the ground, or by another structure, the sole purpose of which is to support the sign. A freestanding sign is not attached to a building.

Sign, general advertising: A sign which directs attention to a business, profession, idea, product, service, activity, or entertainment not conducted, sold or offered on the premises upon which the sign is located. It may either be freestanding or be attached to the building. A general advertising sign is commonly known as a "billboard."

Sign, wall: A sign that is attached to the wall of any building. A wall sign shall project not more than 12 inches from the building.

Single parcel ownership: Possession of a parcel of property wherein the owner does not own adjoining property.

Soil removal: Shall mean the removal of any kind or soil or earth matter which includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household gardening and general farm care.

Spot zoning: The rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses.

Stable, commercial: Any place established for gain or profit at which more than four adult horses are kept for the purpose of training, boarding, riding, sale or breeding or where instruction pertaining to the same is given for a fee.

Story: That portion of a building, other than the cellar or mezzanine, included between the surface of any floor and the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of these regulations, a basement or cellar shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured, or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servant employed in the same building including the family of the same.

A.

Ground story: The lowest story of a building, the floor of which is not more than 12 inches below the elevation of the reference level.

B.

Half-story: The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half of the floor area of said story.

C.

Mezzanine: Shall be deemed a full story when it covers more than 50 percent of the story underneath said mezzanine, or, if the vertical distance from the floor next below it to the floor above it is 24 feet or more.

Street: A thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. A public street is a street accepted by dedication or otherwise by the governing body. A private street is a street not so accepted.

Structural alteration: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any change in the width or number of exits, or any structural change in the roof.

Structure: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. Among other things, structures include buildings, manufactured homes, signs, swimming pools and fallout shelters but do not include walls or fences.

Subdivision: Any division 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, legacy, or building development, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. (See Subdivision regulations.)

Subdivision regulations: Regulations as adopted by the governing body governing the subdivision of land.

Tiny house: A dwelling that is 400 square feet or less in floor area excluding lofts.

Travel trailer: A vehicular, portable structure built on a chassis and drawn by a motorized vehicle that is designed to be used as a temporary dwelling for travel, recreational and vacation uses.

Travel trailer park: Trailer park where the principal use is for overnight tourists.

Truck terminal: 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.

Undue hardship: 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 action of the property owner:

a.

The owner cannot comply with the provisions of this resolution without violation of some other resolution or sections of this resolution.

b.

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

c.

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

d.

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

Variance: A deviation from the strict application of this ordinance, which may be permitted after review by the planning commission and approval by the Mitchell County Board of Commissioners. Such deviation will not be contrary to the public interest, and where owing to conditions unique to the individual property on which the variance is sought and not as a result of any action on the part of the property owner, a literal enforcement of this ordinance would result in unnecessary and undue hardship, provided, however, that no variance will be granted which shall authorize a land use not otherwise permitted in a particular district. ([See] article V, section 5.21.)

Water station: A facility for supplying water storage tanks of dependent trailers with potable water.

Wetland ordinance: The adopted county ordinance that regulates development within the county's identified wetland areas.

Yard: A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted. The yard adjacent to the public street or road shall be considered the front yard.

(Ord. No. 2003-005, § 1, 3-11-2003; Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)