- DEFINITIONS OF TERMS USED2
Editor's note— Sec. 1 of a Resolution adopted November 20, 2025, deleted Article 2, which pertained to the same subject matter, consisted of §§ 201—203, and derived from resolutions adopted August 20, 1996; October 1, 1996; November 19, 1996; January 21, 1997; March 4, 1997; June 17, 1997; July 15, 1997; October 7, 1997; November 18, 1997; May 19, 1998; November 15, 2004; October 23, 2025; December 2, 2024; Res. No. 98-27, adopted November 17, 1998; Res. No. 98-26, adopted October 6, 1998; Res. No. 99-01, adopted May 4, 1999; Res. No. A-00-22, adopted November 6, 2000; Res. No. A-00-10, adopted December 21, 2000; Res. No. A-00-18, adopted October 16, 2000; Res. No. A-00-25, adopted December 21, 2000; Res. No. A-01-07, adopted May 7, 2001; Res. No. A-01-12, adopted August 6, 2001; Res. No. A-01-18, adopted December 17, 2001; Res. No. A-03-03, adopted March 17, 2003; Res. No. A-03-12, adopted October 6, 2003; Res. No. A-03-29, adopted November 3, 2003; Res. No. A-03-32, adopted December 12, 2003; Res. No. A-04-10, adopted May 3, 2004; Res. No. A-04-20, adopted November 15, 2004; Res. No. A-05-04, adopted June 6, 2005; Res. No. A-05-08, adopted May 16, 2005; Res. No. A-06-01, adopted April 3, 2006; Res. No. A-06-04, adopted April 3, 2006; Res. No. A-08-06, adopted May 5, 2008; Res. No. A-08-07, adopted July 7, 2008; Res. No. A-08-12, adopted July 7, 2008; Res. No. A-09-01, adopted March 16, 2009; Res. No. A-09-04, adopted March 16, 2009; Res. No. A-09-11, adopted January 11, 2010; Res. No. A-10-07, adopted September 23, 2010; Res. No. A-11-04, adopted October 17, 2011; Res. No. A-11-08, adopted April 2, 2012; Res. No. A-12-01 adopted May 7, 2012; Res. No. A-12-04, adopted July 16, 2012; Res. No. A-15-03, adopted May 4, 2015; Res. No. A-16-01, adopted August 15, 2016; Res. No. A-17-01, adopted April 4, 2017; Res. No. A-18-04, adopted June 4, 2018; Res. No. A-18-07, adopted July 16, 2018; Res. No. A-19-02, adopted April 15, 2019; Res. No. A-19-05, adopted July 15, 2019; Res. No. A-20-01, adopted May 28, 2020; Res. No. A-20-04, adopted June 25, 2020; Res. No. A-20-08, adopted October 5, 2020; Res. No. A-20-10, adopted February 15, 2021; Res. No. A-21-01, adopted June 21, 2021; Ord. No. 2022-007, adopted October 3, 2022; and Res. No. A-23-01, adopted June 27, 2023 Sec. 2 of said resolution added new material to read as herein set out.
When used in this ordinance, the following words and phrases have the meaning as defined in this article. Terms not defined here have the same meaning as is found in official dictionaries, where consistent with the context. The terms "must," "will," and "shall" are mandatory in nature, indicating that an action has to be done. The term "may" is permissive and allows discretion regarding an action. When consistent with the context, words used in the singular number include the plural, and those used in the plural number include the singular. Words used in the present tense include the future. The word "developer" includes a "firm," "corporation," "co-partnership," "association," "institution" or "person." The word "lot" includes the words "plot" and "parcel." The words "used" or "occupied" as applied to any land or building include in its meaning the words "intended," "arranged," or "designed," "to be used" or "occupied."
(Res. of 11-20-25(2), § 2)
1.
Abandoned cemetery: A cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
2.
Administrative officer: The person, officer or official or his or her authorized representative, designated by the County Manager of Spalding County as its agent for the administration of these regulations. Unless otherwise designated, the administrative officer shall be the Spalding County Community Development Director. Also known as the zoning administrator.
3.
Agriculture: The raising of soil crops, livestock, fish, poultry, and commercial timber in a customary manner, including all associated activities, as allowed in certain districts of this ordinance.
4.
Agriculture-tourism or agritourism enterprise: An entity that owns or operates a farm which offers to the public the opportunity to participate, observe or otherwise engage, for the purposes of recreation, education, or active involvement, in the farm's operation.
5.
Agritourism: The business or practice of offering to the general public the opportunity to visit a farm for recreation, education, entertainment, events or active involvement and participation in the operation and activities (other than as a contractor or employee) of the farm.
6.
AirBnB: A rental of a residence by the property owner to non-related individuals for compensation, for no longer than thirty (30) consecutive days.
7.
Airport: A transportation terminal facility where aircraft take off and land on established schedules, including the Griffin-Spalding County Airport.
8.
Airstrip, private: An area designated for the take-off and landing of private, non-commercial aircraft, with no terminal facilities and no scheduled take-offs and landings.
9.
Alley: A secondary way that affords access for vehicles to the side or rear of abutting property or buildings.
10.
Alteration:
a.
Any change in the supporting members of a building; or
b.
Any modification or change in construction; or
c.
Any addition that increases the area or height; or
d.
Any change in use from one (1) zoning district classification to another; or
e.
Movement of a building from one (1) location to another.
11.
Amenity: A recreational or social feature within a residential subdivision or other planned development which is intended to enhance the lives of its users.
12.
Antenna:
a.
Any exterior apparatus designed for telephone, radio or television communication through the sending and/or receiving of electromagnetic waves;
b.
Communications equipment that transmits, received, or transmits and received electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications;
c.
Communications equipment similar to equipment described in subparagraph (b) of this section used for the transmission, reception or transmission and reception of surface waves; or
d.
Antennas designed for television broadcasts, amateur radio use, or satellite dishes for residential or household purposes are not included within this definition.
13.
Antenna, domestic: Any antenna, as defined previously, used primarily for residential purposes (on just the parcel on which it is located) and which does not exceed eighteen (18) feet in diameter. In addition thereto, this definition shall include any exterior apparatus (of whatever diameter) affixed to an amateur radio tower owned and operated by a federally licensed amateur radio station operator.
14.
Archaeologist: Any person who is:
1.
A member of or person meeting the criteria for membership in the Register of Professional Archaeologists and/or the Georgia Council of Professional Archaeologists and can demonstrate professional experience in the excavation and interpretation of human graves; or
2.
Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archaeologist.
15.
Automobile service station: A property where gasoline, oils, greases, batteries, tires, and general automobile accessories may be provided, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.
16.
Bathroom: A room, with a door that closes and locks, which contains a sink and a toilet, and often a tub or shower.
17.
Bed and breakfast: A building other than a hotel or motel, used for overnight accommodation for compensation, provided that:
1.
Guests normally stay no longer than seven (7) consecutive days;
2.
Breakfast is the only meal served, if any, on the premises; and
3.
The building is not to be used for long or mid-term residential occupancy any length of time, other than by the owner of the bed and breakfast and his or her family.
18.
Bitcoin mining: The process of creating virtual currencies and processing virtual currency transactions for other individuals or organizations, and the facilities where such activities take place. Also known as cryptocurrency mining.
19.
Block: A parcel of land entirely surrounded by public highways or streets, other than alleys.
20.
Board of commissioners: The Board of Commissioners of Spalding County.
21.
Boarding or rooming house: A building designed for residential occupancy which has a common dining area and which is used as a place to lodge three (3) or more persons for compensation.
22.
Buffer: That portion of a lot established for open space purposes and intended to separate properties with different and possibly incompatible types of use.
23.
Building: Any structure having a roof and intended for shelter, housing, or enclosure of persons, animals, or property of any kind.
24.
Building, accessory: A structure 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.
25.
Building, principal: The building on a lot in which the principal use of the lot is conducted.
26.
Building height: The vertical distance of a building, measured from the average elevation of the finished grade to the highest point of the building.
27.
Building line: The line that represents the distance a building must be set back from the boundary line of a lot, measured at the front of the foundation of the building, to achieve both the minimum required lot width and the minimum required front setback of the lot on which it is located.
28.
Building official: The person, officer, official, or firm or their authorized representative designated by the county manager to administer and enforce the building code.
29.
Burial ground: An area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
30.
Burial object: An item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment
31.
Campground, religious: A retreat or meeting place used for the conduct of religious worship, discussion and consultation, which may include recreational activities of an outdoor nature and overnight accommodations. A church as defined in section 202(36), or other place of religious worship, may be included within the use, incidental to the function of said property as a campground.
32.
Cemetery: Land, public or private, reserved for burial plots for the deceased; it may be maintained either by a family, a church or other place of worship, a private corporation, or a municipality.
33.
Center line, street: That line surveyed and monumented by the governing authority as the center line of a street, or if such a center line has not been surveyed, it is the line running midway between the outside curbs or ditches of the street.
34.
Chicken barn: A large-scale, enclosed structure for housing chickens typically for contact growers for the commercial market, and not for consumption by the property owner.
35.
Chicken coop: A small-scale, enclosed structure for housing chickens and other poultry typically for use by the property owner, as allowed in certain zoning districts in the county.
36.
Church: A building in which persons regularly assemble for religious worship, which is used only for such purpose, along with any accessory activities as are customarily associated therewith.
37.
Clinic: An establishment where medical or dental patients are admitted for examination and treatment, but where there is no overnight lodging.
38.
Club or lodge: An incorporated or unincorporated association for civic, social, cultural, fraternal, literary, political, recreation, or like activities, operated for the benefit of its members and not open to the general public.
39.
Commercial plant nursery: An establishment where plants are grown and propagated for the purpose of sale, either directly to consumers (retail nurseries) or to other businesses (wholesale nurseries).
40.
Conservation subdivision: Any division of real property designed to preserve greenspace and undeveloped land which meets the development and design requirements of article 7 of the Spalding County Subdivision Ordinance, Zoning Ordinance, Appendix A, and which is approved by Spalding County pursuant to the procedures as set forth therein.
41.
Convenience store: An establishment which primarily sells grocery and other minor household items, with or without gas pumps.
42.
County: Spalding County, Georgia.
43.
Curb cut: The point at which vehicular access is provided to an adjoining street from a lot.
44.
Dairy, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, and raise cows for milk, as part of a business operation, as contrasted with raising or owning cows as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such dairy farm owners may be contract growers who invest in and build cow operations, working under contract with a milk company, to provide milk for the commercial market.
45.
Data center: A use involving one (1) or more buildings or premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment, including supporting equipment, where information is processed, transferred and/or stored for other organizations.
46.
Deer cooler: An establishment which processes and temporarily stores the carcasses of all types of game animals.
47.
Density: The number of dwelling units per acre of land use for residential purposes. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets, buffers, and other non-buildable areas.
48.
Descendant: A person or group of persons related to a deceased human by blood or adoption in accordance with Title 19 of the Official Code of Georgia.
49.
Domesticated animal: An animal that is accustomed to living in or about the habitation of humans, such as dogs and cats, and other commonly recognized pets, livestock or poultry. Does not include exotic animal.
50.
Drug abuse treatment and education program: Any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons including programs offered in residential and/or non-residential settings that complies with Chapter 290-4-2: Drug Treatment Program (Rules of the Department of Human Resources).
51.
Easement: The right or privilege of using another's property, for purposes such as constructing and maintaining sanitary sewers, water mains, electric lines, telephone lines, storm sewers, gas lines, vehicular driveways, bicycle paths, and pedestrian ways.
52.
Elevation, front: The view of a building or group of buildings as seen from directly in front of the structure.
53.
Employee, full-time: A person who works or is scheduled to work at least forty (40) hours per week for one (1) employer.
54.
Equipment, heavy: Any equipment which has a gross vehicle weight, including the weight of the vehicle and its load, of more than fifty-six thousand (56,000) pounds.
55.
Event center, rural: A venue located in a rural setting, with or without permanent structures, at which private social events not open to the general public are conducted for compensation, including, but not limited to, dances, meetings, parties, picnics, receptions, retreats, reunions, weddings, wedding rehearsals, wedding parties, or similar events, with or without live entertainment, where food and drink may be consumed on premises but which provides no overnight accommodations.
56.
Exotic animal: Any animal of any kind which is not indigenous to the State of Georgia and not included in the definition of a domestic animal and shall include any hybrid animal which is part exotic animal.
57.
Family: Two (2) or more persons related by blood, marriage, or adoption, including up to three (3) additional unrelated individuals, not related by blood, marriage or adoption, living together as a single housekeeping unit.
58.
Farm: Any tract or parcel of land that is devoted to the raising of agricultural products, including, but not limited to, soil crops, livestock, fish, poultry, and commercial timber regardless of the quantity or value of production.
59.
Fence: A barrier, of manmade materials, erected upon, or immediately adjacent to, a property line for the purpose of separating properties, or for screening, enclosing, and/or protecting the property within its perimeter.
60.
Flea market: A retail market located in commercial districts, usually held outdoors, where antiques, used household goods and furniture may be sold.
61.
Floor area: The area of a dwelling exclusive of unheated areas, such as attics, basements, garages, carports, patios, and open porches and decks, measured from the exterior face of the exterior walls of a dwelling. Also, the gross leasable floor area for any business or industry based on interior dimensions.
62.
Foster care child facilities: A building or group of buildings, a facility or place in which is provided one (l) or more beds and other facilities and services - including rooms, meals and personal care for minors under the age of nineteen (19) years which complies with the rules and regulations contained in Chapter 290-2-5 (Rules and Regulations for Child Caring Institutions, Georgia Department of Human Resources). For the purposes of this ordinance, foster care child facilities are classified as follows:
l.
Foster home: A private home where the foster parent(s) live which has been approved by the Georgia Department of Human Resources to provide twenty-four-hour care, lodging, supervision and maintenance for no more than six (6) children under the age of nineteen (19).
2.
Child caring institution: A child-welfare agency that is any institution, society, agency or facility (whether incorporated or not) which either primarily or incidentally provides full-time care for children through eighteen (18) years of age outside of their own homes which has been approved by the Georgia Department of Human Resources to provide room, board, lodging, supervision and maintenance for more than six (6) or more children.
63.
Garage, public: Any garage, other than a private garage, which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other motor vehicles, but not including the storage of wrecked or junked vehicles.
64.
Garage, repair: A public garage intended to be used to make major commercial automobile, motorcycle, lawn mower, or other motor vehicle repairs
65.
Garage or carport, private: A covered or enclosed space for the storage of one (1) or more motor vehicles belonging to the occupants of the lot and ancillary to the principal residential use on the lot.
66.
Gas station: An establishment which primarily sells gasoline and other petroleum products and minor grocery items. May also provide minor repairs and services for vehicles, such as oil changes and tire repair.
67.
Genealogist: A person who traces or studies the descent of persons or families and prepares a probative record of such descent.
68.
Group development: A group of buildings constructed on a plot of land not subdivided into customary streets and lots and which will not be so subdivided, intended to be operated under one (1) management or under a condominium type ownership arrangement.
69.
Group home, transitional: A residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Homes providing extended shelter and supportive services for individuals and/or families with the goal of helping them live independently and transition into permanent housing. Group homes shall not provide treatment of drug or alcohol dependency or provide an alternative to incarceration.
70.
Gunsmith: An establishment which makes, sells, and repairs firearms, but does not include a shooting range.
71.
Home occupation, minor: An occupation for gain or support conducted by resident(s) on the premises meeting the following criteria:
1.
The home is being used solely for the purpose of maintaining a business address, with no intensive work being performed on the premises which is capable of being detected outside of the residence, or the home is being used solely for the purpose of office administration, record keeping and other clerical work, online sales, and prepping for mobile services, such as catering.
2.
No employees or customers may come to the home as a business site; and
3.
The home occupation must also satisfy the criteria for a home occupation contained in section 202(71).
72.
Home occupation, general: An occupation for gain or support conducted by residents on the premises, ancillary and accessory to the main agricultural or residential use on the property, meeting the following criteria:
1.
No home occupation shall employ more than two (2) persons who work on the premises but who do not reside in the dwelling located on the premises.
2.
The home occupation must be incidental and subordinate to the residential use of the dwelling and must not change the residential or agricultural character of the property.
3.
No display of products shall be visible from any street, unless approved by special exception.
4.
Use of the principal and/or accessory building(s) for the home occupation shall not exceed twenty-five (25) percent of the combined gross floor area of the principal and accessory buildings.
5.
No internal or external alterations shall be permitted which would change the fire rating for the structure.
6.
No continuous unenclosed outside storage of materials or supplies used in connection with the home occupation shall be permitted, provided that this restriction shall not preclude the conduct of minor outside home gardening activities in conjunction with a home occupation.
7.
All allowed parking for the home occupation shall be located on the property either on the paved driveway or in the side or rear yards.
8.
Only vehicles not exceeding the size of large passenger vans and dually trucks shall be used in connection with home occupations in AR-1, R-1, R-1A, R-2, R-2A, R-4 and R-5 zoned platted subdivisions with interior streets. Semitruck cabs (but no trailers) may be allowed to parked on AR-1, R-1, and R-2 zoned parcels, if such parcels are outside of platted subdivisions with interior streets and have a minimum of three (3) acres.
9.
May be approved on an interim or preliminary basis for such time and under such conditions as may be set by the board of commissioners. When the interim or preliminary approval concludes, the operation and conduct of home occupation, general will be reviewed by the zoning administrator or his designee to determine whether its operation during the interim or preliminary period has complied with section 413 of this ordinance and with any conditions of approval imposed thereon. The zoning administrator or his designee shall provide a report thereon to the board of commissioners.
73.
Hospice facility: A facility providing care to patients diagnosed with a terminal illness operated by a person or organization licensed as a hospice by the Georgia Department of Human Resources and which complies with Georgia rules and regulations governing hospice care facilities.
74.
Hotel: A building in which overnight accommodations, without separate cooking facilities, are provided for the public. The term "hotel" includes the terms "motel" and "tourist court."
75.
Human remains: The bodies of deceased human beings in any state of decomposition, including properly identified, buried, cremated remains.
76.
Industrialized building: Any structure or component thereof, which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof; and which bears the insignia of approval issued by the Commissioner of the Georgia Department of Community Affairs.
77.
Institution: A non-profit corporation, establishment, or entity; for public or semi-public use.
78.
Intermediate care home: A facility that admits residents on medical referral. It maintains the services and facilities for institutional care, has a agreement with a physician and dentist who will provide continuing supervision including emergencies, and otherwise complies with the rules and regulations contained in Rules of the Georgia Department of Human Resources.
79,
Junkyard: Any use involving the parking, storage or disassembly of three (3) or more junked vehicles, or wrecked or non-operable automobiles, trucks, or other vehicles; storage, bailing, or otherwise dealing in scrap iron and other metals, used plumbing fixtures, old stoves, old refrigerators, and other 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.
80.
Junked or abandoned motor vehicle: Any wrecked or non-operable automobile, truck, or other motor vehicle that does not bear a current license plate. Junked motor vehicle shall also mean a motor vehicle, which cannot be returned to road-worthy condition or is not restored to road-worthy condition within fifteen (15) days from the owner or person in possession of same being ordered by the Code Enforcement Officer to either restore the motor vehicle to road-worthy condition or remove it in compliance with the Code of Spalding County.
81.
Kennel: The housing for dogs, cats or other domesticated animals, not already living on the property, for the purpose of providing an income or revenue. For purposes of this definition, any domesticated animal over the age of six (6) months shall be included.
82.
Livestock: Domesticated cattle, horses, sheep, goats, pigs, cervidae animals, capradae animals, animal of the genus llama, flightless birds (ratites), enclosed domesticated rabbits or hares and any other animal specifically raised for food or fiber. Separate from poultry.
83.
Liquor store: An establishment which solely sells alcohol (beer, wine and/or distilled spirits) and alcohol-related products. Also known as a package store.
84.
Loading space: Space logically and conveniently located for pickup and delivery service, scaled to the vehicles expected to be used, accessible to such vehicles at all time, and in addition to spaces required for vehicle parking.
85.
Long-term rental: A rental of a residence by the property owner to non-related individuals for compensation, for longer than thirty (30) consecutive days.
86.
Lot: A parcel of land occupied or capable of being occupied by one (1) or more buildings and customarily incidental accessory buildings or uses, including any open spaces and buffers as may be required by this ordinance.
87.
Lot. corner: A lot whose front and side (s) are located at the intersection of two (2) or more streets.
88.
Lot, double frontage: A lot, other than a corner lot, which has frontage on more than one (1) street, usually along its front and its rear.
89.
Lot, frontage width: The distance between side lot lines measured along the common boundary line of the lot and a road (right-of-way line).
90.
Lot, flag or panhandle: A parcel of land which does not meet the minimum required frontage width and the minimum required lot width, particularly between the right-of-way line and the minimum front building setback line.
91.
Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Superior Court of Spalding County, Georgia; or a parcel of land described by metes and bounds, the plat or description of which has been recorded in said office. If a portion of a parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of the lot or parcel will be considered a lot of record.
92.
Lot width: The distance between side lot lines measured perpendicularly at the front building setback line. If a corner lot, the distance between lot lines measured along the front building line that parallels or more nearly parallels the rear lot line.
93.
Master development plan: A written and graphic submission for a planned development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof, submitted in conjunction with an application to rezone land to a zoning district for which a development plan is required.
94.
Mini-warehouse/self-storage facility: A structure or group of structures containing separate spaces or stalls which are leased for the storage of goods and personal property. An area for common storage of boats, travel trailers or other vehicles may be included. Storage spaces can be accessed through exterior doors or within a climate-controlled building.
95.
Net buildable area: The net buildable area is calculated by subtracting unbuildable areas on a property, such as floodplain, wetlands, buffers, easements, etc. from the total project tract acreage. The resulting acreage is the net buildable area.
96.
Mobile food service unit: A mobile food service unit is a motorized, wheeled vehicle designed and utilized for the preparation and sale of food and non-alcoholic beverage items to the general public, and whose operations are self-contained within the confines of the vehicle.
91.
Nursing home: A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision, maintains the services and facilities for skilled nursing care, rehabilitative nursing care, has an 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 and otherwise complies with the rules and regulations of the Georgia Department of Human Resources.
98.
Official zoning map: The map entitled "The Official Zoning Map of Spalding County, Georgia," indicating the current locations of zoning district boundaries in Spalding County.
99.
Open space: Undeveloped land set aside permanently for common use, conservation, and buffers. Conventional swimming pools, tennis courts, and associated parking areas are not considered open space for the purposes of this ordinance. Open space may include trails, picnic areas, parks, gazebos, etc.
100.
Overall development density: Overall development density is calculated by dividing the net buildable area by the total number of proposed building lots.
101.
Parking space: The temporary storage space for one (1) motor vehicle. (See Appendix F of the Zoning Ordinance for dimension standards required of standard parking spaces and those accessible to handicapped persons.)
102.
Personal care home: Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one (1) or more personal services (including, but not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer and essential activities of daily living such as eating, bathing, grooming, dressing and toileting) for two (2) or more adults who are not related to the owner or administrator by blood or marriage and permitted by the department of community health pursuant to Georgia Rules and Regulations.
103.
Personal care home. commercial district: A residential facility that is certified as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49 having at least twenty-five (25) beds and providing, for compensation, protective care and oversight of ambulatory, non-related persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Commercial district personal care homes including those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
1.
Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or
2.
Boarding facilities that do not provide personal care and which are permitted by the department of community health pursuant to Georgia Rules and Regulations.
104.
Planned industrial development: An area within a planned development project designed for industrial uses with streets, utilities and common architectural controls regulated by a master development plan and restrictive covenants.
105.
Planned neighborhood development: An area that encourages the coordination and harmony of a planned residential area and limited commercial activities such that the final development shall contain dwellings and various shops, stores and other facilities for the convenience of the residents of the development. A planned neighborhood development may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or any combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed. A limited amount of commercial activity, as permitted in the C-1A, Neighborhood Commercial Zoning District shall be allowed.
106.
Planned residential development: An area that encourages ingenuity and resourcefulness in land planning and to assure the provision of parks and recreational facilities provided for the residents of the development. Planned residential developments may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or a combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed.
107.
Planned residential/recreation/lodge development: An area that encourages possible site plans and building arrangement for recreational and lodging development, which are sensitive to, and take into consideration, interrelationships between the natural environment, different architectural styles, relative scales of various structures, and other larger community setting in which the development is situated.
108.
Planned shopping center: An area within a planned development which contains a group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; and is planned, developed, analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and provides on-site parking in relation to the types and size of stores.
109.
Planning and appeals commission: The Spalding County Planning and Appeals Commission. An advisory board to the board of commissioners which gives recommendations on land use applications such as rezonings and special exceptions, and decisions on variances and zoning appeals.
110.
Plat: A surveyed map, plan, or layout of a county, city, town, section, subdivision, or parcel indicating true boundary lines.
111.
Poultry farm, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, raise and/or sell poultry or poultry products or byproducts, as part of a business operation, as contrasted with raising or owning poultry as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such poultry farm owners may be contract growers who invest in and build poultry barns/operations, working under contract with a poultry production and processing company (integrator), to raise, feed, grow and care for poultry for the commercial market.
112.
Public water: Potable water service provided by Spalding County or the City of Griffin.
113.
Public sewer: Sanitary sewer service provided by Spalding County or the City of Griffin and which does not constitute an "on-site sewage management system" as defined in O.C.G.A. § 31-2-7 and the Rules and Regulations of the Georgia Department of Human Resources, Public Health Division.
114.
Recycling center: A facility which may be held in public and/or private ownership and which is designated to sort and process approved materials (aluminum cans, glass, newspaper, tin, plastics, etc.), which have been separated from waste normally discharged into sanitary landfills and sold for re-use in other markets.
115.
Right-of-way: A strip of land designed, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility line installation and owned by a county or municipality.
116.
Senior independent living facility: A multiple family residential facility for persons over the age of fifty-five (55) that can live without daily assistance, but for which services and amenities may be provided within the building at the option of the resident, such as meals, socialization and recreation.
117.
Shipping container: A single rigid, reusable, metal (generally, corrugated) box (regardless of size or dimensions) the original purpose of which is to ship, transport, or store goods, regardless of whether it:
(1)
Is used on a temporary or permanent basis;
(2)
Is used for its original or another purpose;
(3)
Is or is not a building or structure; and
(4)
Is referred to as a freight, cargo, intermodal, shipping, storage, or Conex container.
118.
Shipping container, temporary: A shipping container (including, PODS® or other similar containers) temporarily located on a parcel for the purpose of moving, (re)construction, remodeling, temporary storage, or the like, on the same parcel and meeting the following criteria:
1.
Be located on the parcel for no more than ninety (90) days. The above temporary requirement may be varied by the Spalding County Board of Appeals for good cause shown; provided however, that such a variance shall be explicitly limited to the time required for effectuation of the limited purpose for which the shipping container was or is sought to be placed on the parcel.
2.
Have signage posted thereon providing:
(a)
The name, address and telephone number of the company or person who owns (or otherwise has a property interest in) the same;
(b)
The name, address and telephone number of the person who caused the same to be placed upon the parcel;
(c)
The date the same was place on the parcel; and
(d)
The date it is scheduled to be removed.
3.
No more than one (1) temporary storage container or pod may be located on any one (1) parcel without the written authorization of the administrative officer.
119.
Shooting range, indoor: An indoor facility for the safe shooting of firearms that complies with the technical and operational standards of the current National Rifle Association ("NRA") Range Source Book, regardless of whether the facility is open to the general public or open only to private membership.
120.
Shooting range, public, outdoor: An outdoor facility for the safe shooting of firearms by members of the general public, who are not the property owner or related to the property owner. Outdoor, public shooting ranges typically provide target practice and training services for compensation.
121.
Storage, continuous, unenclosed outside: Any on-premises storage of either raw materials or finished products located outside of a building and which is present or required by the ordinary use to which the parcel or tract is placed and is visible from the street or adjacent parcels.
122.
Story: 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.
123.
Story, first: The lowest story of any dwelling, completely above ground, that is not a basement or half story.
124.
Story, half: Any portion of a story of a dwelling with a heated floor area less than two-thirds of the square footage of the entire footprint of the dwelling.
125.
Street or road, arterial: A road designated as either a principal arterial or minor arterial on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
126.
Street or road, collector: A road designated as either a major collector or minor collector on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
127.
Street or road, local: A road designated as a local road on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
128.
Street vendor: A retail business licensed to operate without permanent facilities which includes roadside stands, tents, carts and tables, or vehicles used for the purpose of retail sales of goods.
129.
Structure: Anything constructed or erected for any use that requires a fixed location on the ground or which is attached to something having a fixed location on the ground.
130.
Subdivision, infill: A subdivision of an existing lot of record which is identified as an "infill" development tract on the "Spalding County Infill Subdivision Tract Map" into lots of a size which are not less than one (1) acre in size for property which has access to public water but which does not have public sewer access or not less than one-half (½) acre in size for property which has both public water and public sewer access and for which access is obtained by either:
1.
A new road developed from the infill tract frontage along and existing street or road;
2.
The extension of a road providing access to the infill tract from existing adjoining residential development; or
3.
A road developed from a point within the adjoining residential development which was reserved for access into the undeveloped infill tract.
131.
Subdivision: The division of a lot of record at the time of enactment of this ordinance into further lots, or other division for the purpose - whether immediate or future - of sale, legacy or building development. This definition does not include the following:
1.
The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resulting lots are at least equal to standards set forth in this ordinance.
2.
The division of land among heirs by judicial decree.
132.
Subdivision, major: A division of land into parcels of five or more lots which may or may not include the development of a new street or road.
133.
Subdivision, minor: A division of land into parcels of three (3) or more acres up to four (4) lots which does not include the development of a new street or road.
134.
Swine farm, or parlor, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, raise and/or sell swine or swine products or byproducts, as part of a business operation, as contrasted with raising or owning swine as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such swine farm owners may be contract growers who invest in and build swine barns/operations, working under contract with a swine production and processing company (integrator), to raise, feed, grow and care for swine for the commercial market.
135.
Taxidermy: An establishment which prepares, stuffs, and mounts the skins of animals for personal display.
136.
Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and the like. This definition does not include a tower, domestic.
137.
Tower, domestic: Any tower used primarily for the purpose of supporting a-domestic antenna, and which does not exceed ten (10) feet in height. In addition, the definition of domestic tower, includes any amateur radio tower owned or operated by a federally licensed amateur radio station operator which is not greater than one hundred (100) feet in height.
138.
Truck stop: An establishment which provides refueling, rest (overnight parking), and often ready-made food and other services to motorists and truck drivers.
139.
Truck terminal: A building, structure or place where, for the purposes of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched; also, an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis.
140.
Use: Any purpose for which a building 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 a tract of land.
141.
Use, accessory: A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot as the principal use or structure.
142.
Use, non-conforming: A lawful lot, structure, or use of land that existed at the time of the adoption of the Zoning Ordinance of Spalding County or at the time of the adoption of an amendment to the zoning ordinance, that no longer conforms to the regulations contained therein because of the adoption of the zoning ordinance or the adoption of an amendment to the zoning ordinance.
143.
Use, principal: The main purpose for which a lot is intended or for which it is used.
144.
Utility substation: Any public or private utility facility which is designed for the purposes of switching, storage, transfer, rebroadcast or other transmission or re-transmission purposes, exclusive of individual transmission line, which provides services including (but not limited to) cable television, telephone, gas and electricity. This definition shall exclude any facility of the City of Griffin or Spalding County for the provision of electricity, water or sewer service.
145.
Variance: A permit issued by the planning commission that allows use of a parcel of land in a way that varies from the requirements of certain development standards for the district in which the property is located. (See section 411).
146.
Wireless facility, small: Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network.
147.
Yard: The open space on a lot that is left unoccupied with principal structures and facilities, except as permitted by this ordinance. A yard includes the area required for by this ordinance for a building setback.
148.
Yard, front: The open space on a lot located between the right-of-way boundary of the abutting street and the front most line or portion of a principal building as extended perpendicularly to the lot lines to either side. Any yard lying between an abutting street and the building lines is considered a front yard. For example, in the case of a corner lot which is abutted on two (2) sides by streets, both yards abutting the streets would be front yards; setbacks and other development standards for front yards would apply to both of these yards.
149.
Yard, rear: The open space located between the rear property line and the rear most line or portion of a-principal building as extended perpendicularly to the side lot lines.
150.
Yard, side: The open space located between the side property line and the side most line or portion of a-principal building as extended to the front and rear lot lines.
151.
Zoning district: One (1) or more sections of Spalding County, Georgia as delineated and designated on the official zoning map, within which the zoning regulations are uniform.
(Res. of 11-20-25(2), § 2)
1.
Conventional construction: A dwelling unit constructed on the building site from basic materials delivered to the site and which is constructed in accordance with the International Residential Code, and meeting the following development standards:
1.
The home has a minimum width in excess of sixteen (16) feet.
2.
The pitch of the dwelling unit's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal nm, except that any such dwelling unit for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the aforesaid building permit.
3,
For purposes of this definition, a unit of conventional construction constructed outside the boundaries of Spalding County may not be brought into Spalding County and used as a dwelling if such home was constructed more than five (5) years from date the building permit application is requested.
2.
DCA: Department of Community Affairs of the State of Georgia.
3.
Doublewide: An obsolete term used to describe a mobile home or manufactured home having a width of generally between twenty (20) and twenty-eight (28) feet.
4.
Dwelling: A building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boarding houses, or rooming houses.
5.
Dwelling, apartment: Three (3) or more dwelling units, under a single ownership, located on one (l) lot of land, occupied by renters.
6.
Dwelling, barndominium or barn house: A non-traditional single structure constructed with a common roof which includes:
1.
A single-family detached dwelling, with heated floor area, separately meeting the requirement for the zoning district in which it is located; and
2.
An attached barn, garage or carport, private, workshop or storage space the square footage of which is not included in the calculation of the heated floor area, minimum of the single-family detached dwelling, but which shall not exceed the heated floor area of the dwelling.
3.
A barn (or other structure) detached from the dwelling is not included within this definition.
4.
Photographs of examples of barndominium or barn house exterior designs which meet this definition are available from the department of community development and are available upon request. The design of any proposed barndominium or barn house shall substantially comply therewith.
7.
Dwelling, cluster: One (1) of a series of attached and/or detached single-family individually owned dwelling units of conventional construction which may be set against one (1) or two (2) lot lines rather than in the middle of the lot, combined with joint ownership of common areas of buildings and grounds.
8.
Dwelling, condominium: An individually owned dwelling unit in an attached, detached, or multifamily structure, combined with joint ownership of common areas of the buildings and grounds.
9.
Dwelling, garden apartment: A multifamily dwelling one (1) or two (2) stories in height containing from one (1) to four (4) dwelling units, and where the area immediately surrounding the dwelling is landscaped and may contain recreational facilities for the private use of dwelling occupants.
10.
Dwelling, infill: A single-family residential dwelling of conventional construction located on a legal lot of record within a platted subdivision constructed with a minimum heated floor area which equals or exceeds the average heated floor area of existing single-family residential dwellings already located within the platted subdivision, provided each infill dwelling, shall have a minimum heated square footage of one thousand two hundred fifty (1,250) square feet. The dwelling shall utilize the setbacks consisting of the average of the adjoining lots.
11.
Dwelling, loft residential: Part of a mixed-use development featuring multi-family (owner or renter occupied) uses over retail commercial or professional office space; the conversion of an existing commercial space into adaptive reuse of residential units; or the conversion of existing or formerly used commercial, industrial or warehouse space into adaptive reuse of residential units.
12.
Dwelling, multiple-family: A building designed, constructed, altered or used for three (3) or more adjoining dwelling units, with each dwelling unit having a party wall or walls and/or a party floor and ceiling connecting it with at least one (1) other dwelling unit located on one (1) lot of land. A multiple-family dwelling may be apartments or condominiums.
13.
Dwelling, patio: A single-family dwelling in which all or a portion of the area required for side and rear yards may be consolidated into one (1) or more garden court spaces within the walls of the dwelling unit
14.
Dwelling, single-family attached: A building containing two (2) or more single-family dwelling units joined at one (1) or more points by one (1) 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. Also known as townhouses.
15.
Dwelling, single-family detached: A single residential detached building designed for or containing one (1) dwelling unit for one family.
16.
Dwelling, townhouse: One of a series of three (3) or more attached single-family dwelling units on separate lots that are separated from each other by fire walls extending at least from the lowest floor level to the roof.
17.
Dwelling, two-family: A detached building designed, constructed, altered, or used for two (2) adjoining dwelling units, with each dwelling unit having a party wall connecting it laterally with the other dwelling unit, located on one (1) lot; also known as a "duplex." Each has its own entrance/exit.
18.
Dwelling unit: One (1) or more rooms within a building forming a separate, independent housekeeping establishment for use of one (1) 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. A separate or additional dwelling unit shall not be connected by means of a structure, such as a breezeway, to an existing single-family detached dwelling.
19.
Factory-built housing: An obsolete term used to describe an industrialized or modular home. See definition of industrialized home.
20.
Heated floor area, minimum: The finished portion of a dwelling that is primarily intended and ready for human habitation and everyday use. A portion of a dwelling shall be deemed "finished" when:
1.
It is heated;
2.
Its walls and floors are covered with a finished covering; and
3.
It is served by electricity with fixtures operated by functional outlets and switches which have been installed in compliance with any and all applicable building codes for occupancy.
4.
For purposes of this definition, the following portions of a dwelling shall not be considered "finished" even if served by utilities: crawlspace, attic, garage, carport, unfinished basement, decks and patios.
21.
HUD: U.S. Department of Housing and Urban Development.
22.
Industrialized home: A residential structure which is (either wholly or in substantial part) made, fabricated, formed or assembled in one (1) or more factory-built sections or panels in manufacturing facilities for assembly and installation on a building site. An industrialized home is 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, when completed, meets or exceeds the requirements of any and all development standards for conventionally constructed site-built housing. Any industrialized home must be designed to be permanently connected to a site-built foundation. No industrialized home shall be constructed with a chassis, as defined in 24 C.F.R. § 3280.902(a). It is the intent of this definition to include structures or components which are included within O.C.G.A. § 8-2-111(3) and 7 C.F.R. § 3550.10 or which are approved pursuant to the Rules and Regulations of the Department of Community Affairs of the State of Georgia and which bear an insignia of approval issued by the commissioner thereof also known as a "modular home." An industrialized home shall meet the following standards:
1.
The home has a minimum, width in excess of twenty (20) feet.
2.
The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of material that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the issued building permit.
3.
The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential construction.
4.
The home, if constructed outside of the boundaries of Spalding County, may not be brought into Spalding County and used as a dwelling if such home was constructed more than five (5) years from the date on which the application is requested.
5.
For purposes of this definition, no manufactured home (as defined in section 203 (S—U) may be attached to any industrialized home by means of breezeway, corridor or hallway.
23.
Manufactured home, Class A:
1.
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 U.S.C. 5401-5445 (the HUD Code, which became effective on June 15, 1976), and meeting the following development standards:
a.
Minimum width in excess of sixteen (16) feet.
b.
The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the aforesaid building permit.
c.
The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.
d.
Piers/footings must be a minimum of twenty-four (24) inches by twenty-four (24) inches and six (6) inches deep.
e.
A curtain wall, un-pierced except for required ventilation and access and constructed of masonry, is installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches.
f.
The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.
g.
A minimum three-foot by three-foot attached porch on front and back of home.
h.
For purposes of this definition, no manufactured home as defined in Section 203(24), (25) may be attached to any other Manufactured Home, Class A, by means of breezeway, corridor or hallway.
2.
All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160 et seq.
3.
Landings of the requisite composition and size as per Section 1113 of the Standard Building Code of the Southern Building Code Congress International, with said provisions being expressly incorporated by reference herein as part of this requirement.
4.
Manufactured homes are not permitted to be used as storage buildings.
24.
Manufactured home, Class B: 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 Federal Manufactured Home Construction and Safety Standards Act 42 U.S.C. 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 O.C.G.A. § 8-2-160, et seq. Manufactured homes are not permitted to be used as storage buildings.
25.
Manufactured home, Class C: 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). All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160, et seq. Class C manufactured homes must meet the construction standards specified in ANSI A119.1 (See Appendix H). Compliance with ANSI Al 19.1 may be determined by any of the following procedures:
1.
For Class C manufactured homes, which are proposed to be located within Spalding County for the first time or which are proposed to be relocated within Spalding County, the Spalding County administrative officer must inspect the unit and determine what (if anything) is needed to bring the unit up to the standards of ANSI 119.1. Upon determining that the unit meets ANSI 119.1 standards and that the provisions of all other applicable Spalding County ordinances are met by the proposed placement of the manufactured home, the administrative officer will issue the permit for placement of the manufactured home.
26.
Manufactured home community, non-conforming: A lot used or intended as a residential area occupied by more than one (1) manufactured home where the resident owns or rents the manufactured home and rents the manufactured home space and which manufactured home community is not located in the Multiple Family R-3 zoning district.
27.
Manufactured home lot: An area of land within a planned manufactured home community designed to accommodate one (1) manufactured home.
28.
Mobile home: An obsolete term used to describe a manufactured home.
29.
Mobile home park: An obsolete term used to describe a planned manufactured home park. See definition of planned manufactured home community.
30.
Modular home: A factory-fabricated single-family dwelling that is constructed in one (1) or more sections and complies with the definition of industrialized home.
31.
Mother-in-law suite: An accessory structure to a single-family detached dwelling.
32.
Multi-section home: An obsolete term used to describe a manufactured home finished in two (2) or more sections.
33.
National Manufactured Home Construction and Safety Standards: The national building code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development; also known as the "HUD Code."
34.
Planned apartment home community: A lot used or intended for use as a residential area occupied by apartment homes and conforming to an approved development plan; with appropriate and adequate community services, recreational facilities, utilities, streets, and sidewalks provided by the developer.
35.
Planned manufactured home community: 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, recreational facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns or rents the manufactured home and rents the manufactured home space.
36.
Pre-fabricated home: A general term used to describe any home constructed in a factory setting including manufactured homes, modular homes, and industrialized homes.
37.
Recreational vehicle: A vehicle designed as a temporary dwelling for travel or recreational uses. A vehicle, which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the largest horizontal projection;
3.
Designed to be self-propelled or permanently towable by a light duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Also referred to as, camping trailers, travel trailers, camper pick-up coaches, and motorized homes.
38.
Residential occupancy: Stay at a dwelling, for any length of time, when such dwelling is the occupant's primary address of domicile.
39.
Sectional home: A general term used to describe any home constructed in a factory setting, especially manufactured homes.
40.
Single-wide: An obsolete term used to describe a mobile home or manufactured home having a width of between eight (8) and sixteen (16) feet.
41.
Site-built home: See definition of conventional construction.
42.
Stick-built home: See definition of conventional construction.
43.
Trailer: An obsolete term used to describe a manufactured home.
44.
Trailer court: An obsolete term used to describe a planned manufactured home community. See definition of planned manufactured home community.
45.
Trailer park: An obsolete term used to describe a planned manufactured home community. See definition of planned manufactured home community.
46.
Travel trailer: A vehicle designed as a temporary dwelling for travel or recreational uses, not more than eight (8) feet in width and not more than thirty (30) feet in length.
47.
Travel trailer park: A lot on which may be parked two (2) or more travel trailers for a period of less than thirty (30) days.
48.
Wall, curtain: A nonbearing wall between columns or piers and which is not supported by girders or beams but is supported on the ground and designed to conceal features underneath a structure.
(Res. of 11-20-25(2), § 2)
1.
Addition (to an existing building): Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "new construction."
2.
Appeal: A request for a review of the zoning administrator's interpretation of any provision of this ordinance.
3.
Aquifer: Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.
4.
Area of shallow flooding: A designated AO or AH Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
5.
Area of special flood hazard: The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in subsection 2003 A:2.
6.
Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year,
7.
Base flood elevation (BFE): The elevation shown on the flood insurance rate map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO. V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one (1) percent chance of occurrence in any given year.
8.
Basement: That portion of a building having its floor sub grade (below ground level) on all sides.
9.
Corps of Engineers: The United States Army Corps of Engineers, which is given authority pursuant to Section 404 of the Clean Water Act, 33 U.S.C. 1344, for the regulation of wetlands and the permitting of fill material therein.
10.
Corridor: All land located within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed and within other setback areas specified in section 2104 of this article.
11.
Critical facility: Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:
1.
Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;
2.
Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;
3.
Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and
4.
Generating plants, and other principal points of utility lines.
12.
Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving. excavating, drilling operations, and storage of materials or equipment.
13.
DHR: Georgia Department of Human Resources.
14.
DHR Table MT-1: The provisions of the Department of Human Resources' Manual for On-site Sewage Management Systems, appearing on Table MT-1, therein, as amended.
15.
DHR TableMT-2: The provisions of the Department of Human Resources' Manual for On-site Sewage Management Systems, appearing on Table MT-2, therein, as amended.
16.
DRASTIC: The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600-2-87-035. DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility.
17.
Elevated building: A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.
18.
Existing construction: For the purposes of determining rates, structures for which the "start of construction" commenced before October 1, 1991, the effective date of the initial FIRM map enactment for Spalding County.
19.
Existing manufactured home park or subdivision: Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before. October 1, 1991, the effective date of the first floodplain management regulations adopted by Spalding County.
20.
Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
21.
Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:
1.
The overflow of inland or tidal waters; or
2.
The unusual and rapid accumulation or runoff of surface waters from any source.
22.
Flood boundary: That area threatened by possible flood under normal to severe circumstance; determined as shown on current flood insurance rate maps, published by the Federal Emergency Management Agency (FEMA).
23.
Flood hazard boundary map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.
24.
Flood insurance rate map (FIRM): An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.
25.
Flood insurance study: The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.
26.
Floodplain: Any land area susceptible to flooding.
27.
Flood proofing: Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
28.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
29.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
30.
Highest adjacent grade: The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.
31.
Historic property: Any property that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;
2.
A structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one (1) or more of the following reasons:
a.
It is an outstanding example of a structure representative of its era;
b.
It is one (1) of the few remaining examples of a past architectural style;
c.
It is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or
d.
It is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region.
32.
Impervious surface: A manmade structure or surface which prevents the infiltration of storm water into the ground below the structure or surface, including (for purposes of example only), but not limited to, buildings, roads, driveways, parking lots) swimming pools and patios.
33.
Jurisdictional wetland: An area that meets the definitional requirements for wetlands as determined by the Corps of Engineers.
34.
Jurisdictional wetland determination: A delineation of jurisdictional wetland boundaries by the Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C 13441 as amended.
35.
Large water supply watershed: A watershed containing one hundred (100) square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.
36.
Lowest floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for the parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code.
37.
Mean sea level: The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
38.
National Geodetic Vertical Datum (NGVD): As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
39.
New construction: For the purpose of determining insurance rates, structures for which the "start of construction" commenced after October 1, 1991, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after October 1, 1991, and includes any subsequent improvements to such structures.
40.
North American Vertical Datum (NAVD): Replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA flood modernization maps.
41.
Perennial stream: A stream which flows throughout the whole year as indicated on a USGS quadrant map.
42.
Pollution susceptibility: The relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.
43.
Pollution susceptibility maps: Maps of the relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia.)
44.
Recharge area: Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.
45.
Regulated activity: Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States, excepting those activities exempted in Section 404 of the Clean Water Act.
46.
Reservoir boundary: The edge of a water supply reservoir defined by its normal pool level.
47.
Significant recharge areas: Those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).
48.
Small water supply watershed: A watershed that contains less than one hundred (100) square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply-intake.
49.
Start of construction: The date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
50.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
51.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
52.
Substantially improved existing manufactured home parks or subdivisions: Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
53.
Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water system and railroads or other utilities identified by a local government.
54.
Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.
56.
Water supply reservoirs: A governmentally owned impoundment of water for the primary purpose of providing water to one (1) or more governmentally owned public drinking water systems. This excludes any multipurpose reservoirs owned by the U.S. Army Corps of Engineers.
57.
Water supply watershed: The area of land upstream of a governmentally owned public drinking water intake.
58.
Wetlands: Any areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. The definition of "wetlands," as defined in 33 C.F.R. 32.93 is included within this definition, and adopted by reference.
59.
Wetlands map: The current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for Spalding County, Georgia.
(Res. of 11-20-25(2), § 2)
1.
Airport elevation: The highest point of an airports usable landing area as measured in feet above means sea level.
2.
Airport authority: The Griffin-Spalding County Airport Authority.
3.
Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface area at the same slope as the approach zone height limitation slope as set forth in section 2205. In plan the perimeter of the approach zone.
4.
Approach, transitional, horizontal and conical zones: These zones are set forth in section 2204A of this ordinance.
5.
Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.
6.
Hazard to air navigation: An obstruction determined to have an adverse effect on the safe and efficient utilization of the navigable airspace.
7.
Height: For the purpose of determining the height limits in all zones set forth in the zoning map in conjunction with the Griffin-Spalding County Airport Overlay District, the datum shall be the top of any building, structure, or tree expressed in feet above mean sea level, unless otherwise specified.
8.
Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
9.
Non-precision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
10.
Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height as set forth in section 2205A.
11.
Person: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; including a trustee, a receiver, an assignee, or similar representative of any of them.
12.
Precision instrument runway: A runway having an existing instrument approach procedure utilizing all Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
13.
Primary surface: A surface longitudinally centered on a runway. When a runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in section 2204A. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
14.
Runway: A defined area of an airport prepared for landing and take-off of aircraft along its length.
15.
Surface(s): An imaginary geometric plan located above the ground through which a penetration would constitute a hazard to air navigation.
16.
Transitional surfaces: These surfaces extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degrees angles to extended runway centerline.
17.
Tree: Any object of natural growth.
18.
Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.
19.
Zone(s): All of the land lying beneath the surface(s),
(Res. of 11-20-25(2), § 2)
1.
Agriculture homestay: A single-family detached dwelling that:
1.
Has eight (8) or fewer guestrooms and is restricted to a maximum of sixteen (16) overnight adult guests;
2.
Must be located on and be a part of a farm that produces agriculture products; and
3.
Must also meet the definition of bed and breakfast but may serve meals and light foods or snacks to its registered guests at any time.
2.
Agriculture products or services: Includes, but is not limited to, the following goods and services if produced or performed on a farm: crops (e.g., com, cotton, cabbage, cottonseed); fruit (e.g., peaches, grapes, cherries, berries); vegetables (e.g., sweet corn, pumpkins, tomatoes); apiculture (beekeeping) products; floriculture products; herbs; forestry products; husbandry products (e.g., horse or cattle breeding); livestock and livestock products (e.g., cattle, sheep, hogs, horses, poultry, ostriches, emus, fanned deer, milk, eggs, fur); aquaculture products (e.g., fish, fish products, water plants); horticultural products (e.g., nursery stock, ornamental shrubs, flowers and Christmas trees); compost products; and the like.
3.
Agriculture products, value-added: Agriculture products that have been enhanced or improved on the farm to add value. The enhancement or improvement includes marketing, agricultural processing, transforming, packaging, and the like.
4.
Agriculture-related products: Items sold at a farm market to attract customers and promote the sale of agriculture products. The term also refers to any good that otherwise qualifies as an agriculture product or value-added agriculture product except for the fact that the good was not produced on the farm from which it is sold.
5.
Agriculture-related products, Non-: Items not connected to fanning or the farm operation, including, but not limited to, novelty t-shirts or other clothing, crafts and souvenirs.
6.
Agriculture-related services: Services that incidentally occur on an agritourism enterprise producing agricultural products, including, but not limited to, accessory livestock boarding facilities and care services, trail rides, on-farm market, farm tours and nature trails.
7.
Agriculture-related uses: Activities that:
1.
Result in the production of agriculture products and/or value-added agriculture products; or
2.
Allow the public to learn about, experience or engage in activities directly related to agriculture, the farm, agriculture products or services, agriculture-related products and/or services, value-added agriculture products.
8.
Agriculture-related uses, Non-: Activities that are not agriculture-related uses. Such uses include, but are not limited to, special events and the like.
9.
Brewery: The manufacturing premises and malt beverage taproom of a "brewer" of malt beverages as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-5-1.
10.
Brewpub: An establishment in which malt beverages are manufactured, as defined under Georgia laws and regulations, including, but not limited to, O.C.G.A. § 3-1-2.
11.
Cabin: A residential building designed for or containing one (1) or more dwelling unit(s) that meets the following development standards:
1.
Shall not exceed seven hundred and fifty (750) square feet per dwelling unit.
2.
Shall contain only (1) bedroom, one (1) bath and no separate utilities.
3.
Shall only be used as (a) overnight accommodations for guests who normally stay no more than seven (7) nights; or (b) the dwelling of one (1) farm manager or caretaker and bis or her family per twenty-five (25) acres in the A-T district.
12.
Campground, farm: The practice of allowing overnight guests to stay in a temporary structure on the farm, specifically a tent, tipi (teepee), or the like, on a farm, regardless of whether said temporary structure is provided by, or brought to the farm by the customer of, the agritourism enterprise, provided that guests normally stay no more than seven (7) nights.
13.
Fann special event: The hosting of events, including, but are not limited to, weddings, concerts, conferences or meetings, fairs, carnivals, sporting events, music or art festivals, holiday celebrations such as Fourth of July fireworks and similar events, on a parcel in the A-T district.
14.
Farm special event facility: Any structure or area on a parcel in the A-T district where the operator(s) allow the hosting of farm special events. Such a facility may not change the rural character or farmland nature of the subject property or surrounding properties.
15.
Farm tours: Tours where members of the public observe farm operations and/or are taught about agriculture, agriculture products and/or services, valued-added agriculture products, agriculture-related products and/or services. The term includes, but is not limited to, bay rides, seasonal outdoor mazes of agricultural origin, such as com or wheat mazes, education tours and the like.
16.
Farm, you-pick: A farm that allows customers, for a fee or free, to harvest, pick, or collect the products of agriculture, including, but not limited to, pumpkins and Christmas trees, provided that the operation is seasonal.
17.
Nature trial: Unpaved pathway(s) traversing a parcel for recreational and educational use on foot, bicycle, horse or other animal used for transport or non-motorized vehicle.
18.
Nature trial, motorized: A nature trial that also allows the use of recreational vehicles with internal combustion engines, subject to the limitations on hours of operation and as provided for in subsection 11-4002(4) of the Code of Spalding County, Georgia.
19.
On-farm market: A structure for the sale of agriculture products, value-added agriculture products, agriculture-related products and non-agriculture-related products directly to the consumer from a working farm.
20.
Preserve, fish: The intensive, small, agriculture production of fish for the purpose of fishing, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal laws. The term also includes activities related to processing said fish for consumption off site or in conjunction with a farm restaurant A fish preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, the term fish preserve is specifically excluded from the definition of agriculture (as that term is defined by section 202(3) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this section).
21.
Preserve, game: The intensive, small pasture, agriculture production of livestock or fowl for the purpose of hunting, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal game laws. The term also includes activities related to processing said animals for consumption off site or in conjunction with a farm restaurant. A game preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, such term is specifically excluded from the definition of agriculture (as that term is defined by section 202(3) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this section.
22.
Restaurant, farm: A sit-down eating establishment (I) that serves meals substantially prepared with agriculture products produced on the farm; and (II) has seating for no more than thirty (30) customers, excluding special events.
23.
Roadside stand: A location visible from the roadway from which primarily agriculture and value-added agriculture products are sold, in addition to agriculture-related and non-agriculture-related products, directly to the consumer, and which is located within the required setback from the right-of-way.
24.
Seasonal: A recurrent period characterized by certain occurrences, festivities, or harvest when crops are ready; not a continuous, year-round operation.
25.
Winery: The manufacturing premises and "tasting room" of a "Georgia farm winery" as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-6-1, 3-6-21.1.
26.
Zoo, petting, observation, or feeding: The keeping of livestock or fowl on the farm and allowing customers to pet, ride, feed, groom, milk, sheer, observe or perform similar activities related to the agriculture use of said livestock, fish or fowl.
(Res. of 11-20-25(2), § 2)
1.
Build-to line: The front setback line along which the building street facade is required to be located.
2.
Building type development standards: Development standards for building design and placement within the Tri-County Crossing Overlay District.
3.
Civic building type: A building located and designed to accommodate public or civic uses such as educational facilities, government administration, libraries, or places of worship.
4.
Commercial building type: A building located and designed to accommodate single use office or commercial uses as part of a retail or office complex.
5.
Commercial outdoor seating: A public open space that provides areas for outdoor dining adjacent to street-level commercial uses such as cafes or restaurants.
6.
Flex unit building type: A building located and designed to accommodate an attached or detached building with residential and commercial uses within individually owned and occupied units.
7.
Greenway trail: A linear public open space that provides pedestrian and non-motorized access along streams, streets, utility easements, and other open space corridors.
8.
Mixed use building type: A building located and designed to accommodate residential and commercial uses on multiple stories.
9.
Mixed-use development means a style of development that blends residential, commercial, cultural, institutional, or entertainment uses into one space, where those functions are to some degree. physically and functionally integrated, and that provides pedestrian connections. Mixed-use development may be applied to a single building, a block or neighborhood. These projects may be completed by a private developer, a governmental agency, a quasi-governmental agency or a combination thereof. A mixed-use development may be new construction, reuse of an existing building or brownfield site, or a combination thereof.
10.
Mixed use street: A street that is the development's primary thoroughfare that affords access to the front entrance of commercial, retail and mixed-use buildings.
11.
Park: A public open space that provides recreation amenities and gathering spaces.
12.
Planned development means a development for which a master development plan must be approved prior to the issuance of any development permit. Each development permit issued shall be conditioned upon compliance with the requited master development plan. If rezoning is required for any development, whether single-family residential, condominium, commercial, or mixed use, rezoning approval shall be conditioned upon compliance with the required master development plan. The master development plan shall identify the tract of land for the proposed development, the nature of the proposed development, public streets, common areas and open space, aesthetic amenities, landscaping, public facilities and restrictive covenants relating to the development.
13.
Planned street: Proposed new streets or driveways shown on the TCC district regulating plan.
14.
Plaza: A public open space that is available for civic and commercial activities.
15.
Primary driveways: Driveway connections to commercial development from adjacent public streets, providing access to parking lots.
16.
Private open space: Open space that restricts public access to residents of adjacent development.
17.
Protected open space network: Land protected permanently from development as defined within the Spalding County Comprehensive Plan, including open space along streams, wetlands, and floodplains.
18.
Public street frontage: Public open space that is comprised of the street tree planter and sidewalk along planned streets, required as part of the street design standards.
19.
Regulating plan: A development plan that applies to the TCC overlay district. The regulating plan identifies planned streets, street types, and greenway trails for the purposes of regulating street, block and pedestrian connectivity.
20.
Residential facade treatment: The required ground floor architectural design for residential buildings along the street facade frontage.
21.
Residential street: A street that serves multifamily and residential development that includes a landscape planting strip and sidewalks and may include on-street parking.
22.
Secondary driveways: Driveway connections through parking lots that front along commercial buildings.
23.
Storefront facade treatment: The required ground floor architectural design for commercial and mixed-use buildings along the street facade frontage.
24.
Street design standards: The design standards for planned streets.
25.
Street facade frontage: The percentage of the build-to line required to be occupied by front building facade. This ensures that streets have a consistent street edge occupied by building facade.
26.
Street wall: A short wall built along the build-to line, co-planar with the front building facade.
(Res. of 11-20-25(2), § 2)
1.
Solar energy system (SES): A device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the unified development ordinance, SES refers only to (1) photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device or (2) solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water hearing, space heating or space cooling, but excluding concentrated solar power which uses mirrors to focus the energy from the sun to produce electricity.
2.
Solar energy system, ground-mounted: An SES that is structurally mounted to the ground and does not qualify as an integrated SES. Any solar canopy that does not qualify as an integrated SES shall be considered a ground-mounted SES, regardless of where it is mounted.
3.
Solar energy system, ground-mounted, residential yard scale: A ground-mounted SES as an accessory use for an existing dwelling on a residential property, not to exceed a specified number of panels or a maximum area.
4.
Solar energy system, ground-mounted, small scale (small scale SES): A ground-mounted SES with a footprint of between one (1) and five (5) acres.
5.
Solar energy system, ground-mounted, intermediate scale (intermediate scale SES): A ground-mounted SES with a footprint greater than five (5) and up to fifteen (15) acres.
6.
Solar energy system, ground-mounted, large scale {large scale SES): A ground-mounted SES-with a footprint exceeding fifteen (15) acres.
7.
Solar energy system, integrated: An SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light or parking meter.
8.
Solar energy system, rooftop: An SES that is structurally mounted to the roof of a house, building or other structure and that does not qualify as an integrated SES.
(Res. of 11-20-25(2), § 2)
1.
Baluster: A small, molded shaft, square or circular, in stone or wood, sometimes metal, supporting the coping of a parapet or the handrail of a staircase.
2.
Carriage-style door: A garage door that mimics the design of doors on old-fashioned carriage houses, featuring an often wood-like aesthetic with decorative hardware and either a swing-out or roll-up mechanism.
3.
Commercial center: A building with two (2) or more connected business suites sharing common walls and parking.
4.
Coping: The capping or covering of a wall, typically a parapet or other exposed wall, designed to protect it from water damage and provide a finished, aesthetic edge.
5.
Cornice: A molded and projecting horizontal member that crowns an architectural composition.
6.
Cottage house: A principal dwelling, with a permanent foundation, larger than a tiny house but smaller than the minimum required heated floor area of a principal dwelling in each zoning district.
7.
Cupola: A dome-like structure on top of a building or entrance to a building.
8.
Dormer: A window that projects vertically from a sloping roof.
9.
Earth-tone color: Exterior colors that resemble dirt or soil, containing some proportion of the color brown.
10.
Eave: The part of a roof that meets or overhangs the walls of a building.
11.
Fascia board: A board attached to the lower ends of rafters at the eaves. Along with the soffit, the fascia helps enclose the eave.
12.
Fenestration: The arrangement of windows and doors on the elevations of a building.
13.
Frieze board: A horizontal trim board that runs horizontally beneath the roofline and above the soffit. It's often located between the top of the exterior wall and the eave.
14.
Full-depth: A protective or ornamental exterior facing, such as brick, which is the same material all the way through.
15.
Garage apartment: A self-contained housing unit built within or on top of, a garage. It may be attached to or detached from the main house but shall have a separate entrance from the main house.
16.
Gable: A triangular portion of an end wall between the edges of a sloping roof.
17.
Historically designated building: Any building in unincorporated Spalding County which is recognized on the National Register of Historic Places or located on historic property.
18.
Industrial park: A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
19.
Loft dwelling: Part of a mixed-use development featuring multi-family (owner or renter occupied) uses over retail commercial or professional office space; the conversion of an existing commercial space into adaptive reuse of residential units; or the conversion of existing or formerly used commercial, industrial or warehouse space into adaptive reuse of residential units.
20.
Muntin: A vertical or horizontal piece that divides a pane of glass into two (2) or more panes in a window.
21.
Office park: Two (2) or more detached commercial buildings on the same lot or property with shared parking.
22.
Parapet: A low wall built up above the level of a roof, to hide the roof or items on the roof.
23.
Pediment: A decorative feature adjacent to a door, window, front, or other part of a building often in another style or material.
24.
Portico: A series of columns or arches in front of a building, generally as a covered walkway.
25.
Primary exterior material: The predominant building material on the exterior of a building.
26.
Quadruplex: A building divided into four (4) self-contained residences, each with separate entrances, not part of an apartment community.
27.
Quion: A decorative stone, masonry, or stucco feature at the intersection of walls.
28.
Secondary exterior material: Materials on the exterior of a building that serve only as edges or accents to the primary building material.
29.
Soffit: The board connecting the walls of a structure to the fascia or the end of the roof, enclosing the eave.
30.
Tiny house: A principal dwelling, with a permanent foundation, with four hundred (400) heated square feet or less.
31.
Transom window: A window, fixed or operable, above a door but within its vertical frame.
32.
Triplex: A building divided into three (3) self-contained residences, each with separate entrances, not part of an apartment community.
33.
Veneer: A protective or ornamental exterior facing, such as brick, which is not the same material all the way through. Veneers shall not have a thickness less than on-inch.
34.
Water table: A projection of lower brick or stone, veneer or full-depth, on the outside of a wall, slightly above the finished grade.
35.
Widow's walk: A railed rooftop platform, often having an inner cupola or turret.
(Res. of 11-20-25(2), § 2)
- DEFINITIONS OF TERMS USED2
Editor's note— Sec. 1 of a Resolution adopted November 20, 2025, deleted Article 2, which pertained to the same subject matter, consisted of §§ 201—203, and derived from resolutions adopted August 20, 1996; October 1, 1996; November 19, 1996; January 21, 1997; March 4, 1997; June 17, 1997; July 15, 1997; October 7, 1997; November 18, 1997; May 19, 1998; November 15, 2004; October 23, 2025; December 2, 2024; Res. No. 98-27, adopted November 17, 1998; Res. No. 98-26, adopted October 6, 1998; Res. No. 99-01, adopted May 4, 1999; Res. No. A-00-22, adopted November 6, 2000; Res. No. A-00-10, adopted December 21, 2000; Res. No. A-00-18, adopted October 16, 2000; Res. No. A-00-25, adopted December 21, 2000; Res. No. A-01-07, adopted May 7, 2001; Res. No. A-01-12, adopted August 6, 2001; Res. No. A-01-18, adopted December 17, 2001; Res. No. A-03-03, adopted March 17, 2003; Res. No. A-03-12, adopted October 6, 2003; Res. No. A-03-29, adopted November 3, 2003; Res. No. A-03-32, adopted December 12, 2003; Res. No. A-04-10, adopted May 3, 2004; Res. No. A-04-20, adopted November 15, 2004; Res. No. A-05-04, adopted June 6, 2005; Res. No. A-05-08, adopted May 16, 2005; Res. No. A-06-01, adopted April 3, 2006; Res. No. A-06-04, adopted April 3, 2006; Res. No. A-08-06, adopted May 5, 2008; Res. No. A-08-07, adopted July 7, 2008; Res. No. A-08-12, adopted July 7, 2008; Res. No. A-09-01, adopted March 16, 2009; Res. No. A-09-04, adopted March 16, 2009; Res. No. A-09-11, adopted January 11, 2010; Res. No. A-10-07, adopted September 23, 2010; Res. No. A-11-04, adopted October 17, 2011; Res. No. A-11-08, adopted April 2, 2012; Res. No. A-12-01 adopted May 7, 2012; Res. No. A-12-04, adopted July 16, 2012; Res. No. A-15-03, adopted May 4, 2015; Res. No. A-16-01, adopted August 15, 2016; Res. No. A-17-01, adopted April 4, 2017; Res. No. A-18-04, adopted June 4, 2018; Res. No. A-18-07, adopted July 16, 2018; Res. No. A-19-02, adopted April 15, 2019; Res. No. A-19-05, adopted July 15, 2019; Res. No. A-20-01, adopted May 28, 2020; Res. No. A-20-04, adopted June 25, 2020; Res. No. A-20-08, adopted October 5, 2020; Res. No. A-20-10, adopted February 15, 2021; Res. No. A-21-01, adopted June 21, 2021; Ord. No. 2022-007, adopted October 3, 2022; and Res. No. A-23-01, adopted June 27, 2023 Sec. 2 of said resolution added new material to read as herein set out.
When used in this ordinance, the following words and phrases have the meaning as defined in this article. Terms not defined here have the same meaning as is found in official dictionaries, where consistent with the context. The terms "must," "will," and "shall" are mandatory in nature, indicating that an action has to be done. The term "may" is permissive and allows discretion regarding an action. When consistent with the context, words used in the singular number include the plural, and those used in the plural number include the singular. Words used in the present tense include the future. The word "developer" includes a "firm," "corporation," "co-partnership," "association," "institution" or "person." The word "lot" includes the words "plot" and "parcel." The words "used" or "occupied" as applied to any land or building include in its meaning the words "intended," "arranged," or "designed," "to be used" or "occupied."
(Res. of 11-20-25(2), § 2)
1.
Abandoned cemetery: A cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
2.
Administrative officer: The person, officer or official or his or her authorized representative, designated by the County Manager of Spalding County as its agent for the administration of these regulations. Unless otherwise designated, the administrative officer shall be the Spalding County Community Development Director. Also known as the zoning administrator.
3.
Agriculture: The raising of soil crops, livestock, fish, poultry, and commercial timber in a customary manner, including all associated activities, as allowed in certain districts of this ordinance.
4.
Agriculture-tourism or agritourism enterprise: An entity that owns or operates a farm which offers to the public the opportunity to participate, observe or otherwise engage, for the purposes of recreation, education, or active involvement, in the farm's operation.
5.
Agritourism: The business or practice of offering to the general public the opportunity to visit a farm for recreation, education, entertainment, events or active involvement and participation in the operation and activities (other than as a contractor or employee) of the farm.
6.
AirBnB: A rental of a residence by the property owner to non-related individuals for compensation, for no longer than thirty (30) consecutive days.
7.
Airport: A transportation terminal facility where aircraft take off and land on established schedules, including the Griffin-Spalding County Airport.
8.
Airstrip, private: An area designated for the take-off and landing of private, non-commercial aircraft, with no terminal facilities and no scheduled take-offs and landings.
9.
Alley: A secondary way that affords access for vehicles to the side or rear of abutting property or buildings.
10.
Alteration:
a.
Any change in the supporting members of a building; or
b.
Any modification or change in construction; or
c.
Any addition that increases the area or height; or
d.
Any change in use from one (1) zoning district classification to another; or
e.
Movement of a building from one (1) location to another.
11.
Amenity: A recreational or social feature within a residential subdivision or other planned development which is intended to enhance the lives of its users.
12.
Antenna:
a.
Any exterior apparatus designed for telephone, radio or television communication through the sending and/or receiving of electromagnetic waves;
b.
Communications equipment that transmits, received, or transmits and received electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications;
c.
Communications equipment similar to equipment described in subparagraph (b) of this section used for the transmission, reception or transmission and reception of surface waves; or
d.
Antennas designed for television broadcasts, amateur radio use, or satellite dishes for residential or household purposes are not included within this definition.
13.
Antenna, domestic: Any antenna, as defined previously, used primarily for residential purposes (on just the parcel on which it is located) and which does not exceed eighteen (18) feet in diameter. In addition thereto, this definition shall include any exterior apparatus (of whatever diameter) affixed to an amateur radio tower owned and operated by a federally licensed amateur radio station operator.
14.
Archaeologist: Any person who is:
1.
A member of or person meeting the criteria for membership in the Register of Professional Archaeologists and/or the Georgia Council of Professional Archaeologists and can demonstrate professional experience in the excavation and interpretation of human graves; or
2.
Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archaeologist.
15.
Automobile service station: A property where gasoline, oils, greases, batteries, tires, and general automobile accessories may be provided, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.
16.
Bathroom: A room, with a door that closes and locks, which contains a sink and a toilet, and often a tub or shower.
17.
Bed and breakfast: A building other than a hotel or motel, used for overnight accommodation for compensation, provided that:
1.
Guests normally stay no longer than seven (7) consecutive days;
2.
Breakfast is the only meal served, if any, on the premises; and
3.
The building is not to be used for long or mid-term residential occupancy any length of time, other than by the owner of the bed and breakfast and his or her family.
18.
Bitcoin mining: The process of creating virtual currencies and processing virtual currency transactions for other individuals or organizations, and the facilities where such activities take place. Also known as cryptocurrency mining.
19.
Block: A parcel of land entirely surrounded by public highways or streets, other than alleys.
20.
Board of commissioners: The Board of Commissioners of Spalding County.
21.
Boarding or rooming house: A building designed for residential occupancy which has a common dining area and which is used as a place to lodge three (3) or more persons for compensation.
22.
Buffer: That portion of a lot established for open space purposes and intended to separate properties with different and possibly incompatible types of use.
23.
Building: Any structure having a roof and intended for shelter, housing, or enclosure of persons, animals, or property of any kind.
24.
Building, accessory: A structure 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.
25.
Building, principal: The building on a lot in which the principal use of the lot is conducted.
26.
Building height: The vertical distance of a building, measured from the average elevation of the finished grade to the highest point of the building.
27.
Building line: The line that represents the distance a building must be set back from the boundary line of a lot, measured at the front of the foundation of the building, to achieve both the minimum required lot width and the minimum required front setback of the lot on which it is located.
28.
Building official: The person, officer, official, or firm or their authorized representative designated by the county manager to administer and enforce the building code.
29.
Burial ground: An area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
30.
Burial object: An item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment
31.
Campground, religious: A retreat or meeting place used for the conduct of religious worship, discussion and consultation, which may include recreational activities of an outdoor nature and overnight accommodations. A church as defined in section 202(36), or other place of religious worship, may be included within the use, incidental to the function of said property as a campground.
32.
Cemetery: Land, public or private, reserved for burial plots for the deceased; it may be maintained either by a family, a church or other place of worship, a private corporation, or a municipality.
33.
Center line, street: That line surveyed and monumented by the governing authority as the center line of a street, or if such a center line has not been surveyed, it is the line running midway between the outside curbs or ditches of the street.
34.
Chicken barn: A large-scale, enclosed structure for housing chickens typically for contact growers for the commercial market, and not for consumption by the property owner.
35.
Chicken coop: A small-scale, enclosed structure for housing chickens and other poultry typically for use by the property owner, as allowed in certain zoning districts in the county.
36.
Church: A building in which persons regularly assemble for religious worship, which is used only for such purpose, along with any accessory activities as are customarily associated therewith.
37.
Clinic: An establishment where medical or dental patients are admitted for examination and treatment, but where there is no overnight lodging.
38.
Club or lodge: An incorporated or unincorporated association for civic, social, cultural, fraternal, literary, political, recreation, or like activities, operated for the benefit of its members and not open to the general public.
39.
Commercial plant nursery: An establishment where plants are grown and propagated for the purpose of sale, either directly to consumers (retail nurseries) or to other businesses (wholesale nurseries).
40.
Conservation subdivision: Any division of real property designed to preserve greenspace and undeveloped land which meets the development and design requirements of article 7 of the Spalding County Subdivision Ordinance, Zoning Ordinance, Appendix A, and which is approved by Spalding County pursuant to the procedures as set forth therein.
41.
Convenience store: An establishment which primarily sells grocery and other minor household items, with or without gas pumps.
42.
County: Spalding County, Georgia.
43.
Curb cut: The point at which vehicular access is provided to an adjoining street from a lot.
44.
Dairy, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, and raise cows for milk, as part of a business operation, as contrasted with raising or owning cows as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such dairy farm owners may be contract growers who invest in and build cow operations, working under contract with a milk company, to provide milk for the commercial market.
45.
Data center: A use involving one (1) or more buildings or premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment, including supporting equipment, where information is processed, transferred and/or stored for other organizations.
46.
Deer cooler: An establishment which processes and temporarily stores the carcasses of all types of game animals.
47.
Density: The number of dwelling units per acre of land use for residential purposes. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets, buffers, and other non-buildable areas.
48.
Descendant: A person or group of persons related to a deceased human by blood or adoption in accordance with Title 19 of the Official Code of Georgia.
49.
Domesticated animal: An animal that is accustomed to living in or about the habitation of humans, such as dogs and cats, and other commonly recognized pets, livestock or poultry. Does not include exotic animal.
50.
Drug abuse treatment and education program: Any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons including programs offered in residential and/or non-residential settings that complies with Chapter 290-4-2: Drug Treatment Program (Rules of the Department of Human Resources).
51.
Easement: The right or privilege of using another's property, for purposes such as constructing and maintaining sanitary sewers, water mains, electric lines, telephone lines, storm sewers, gas lines, vehicular driveways, bicycle paths, and pedestrian ways.
52.
Elevation, front: The view of a building or group of buildings as seen from directly in front of the structure.
53.
Employee, full-time: A person who works or is scheduled to work at least forty (40) hours per week for one (1) employer.
54.
Equipment, heavy: Any equipment which has a gross vehicle weight, including the weight of the vehicle and its load, of more than fifty-six thousand (56,000) pounds.
55.
Event center, rural: A venue located in a rural setting, with or without permanent structures, at which private social events not open to the general public are conducted for compensation, including, but not limited to, dances, meetings, parties, picnics, receptions, retreats, reunions, weddings, wedding rehearsals, wedding parties, or similar events, with or without live entertainment, where food and drink may be consumed on premises but which provides no overnight accommodations.
56.
Exotic animal: Any animal of any kind which is not indigenous to the State of Georgia and not included in the definition of a domestic animal and shall include any hybrid animal which is part exotic animal.
57.
Family: Two (2) or more persons related by blood, marriage, or adoption, including up to three (3) additional unrelated individuals, not related by blood, marriage or adoption, living together as a single housekeeping unit.
58.
Farm: Any tract or parcel of land that is devoted to the raising of agricultural products, including, but not limited to, soil crops, livestock, fish, poultry, and commercial timber regardless of the quantity or value of production.
59.
Fence: A barrier, of manmade materials, erected upon, or immediately adjacent to, a property line for the purpose of separating properties, or for screening, enclosing, and/or protecting the property within its perimeter.
60.
Flea market: A retail market located in commercial districts, usually held outdoors, where antiques, used household goods and furniture may be sold.
61.
Floor area: The area of a dwelling exclusive of unheated areas, such as attics, basements, garages, carports, patios, and open porches and decks, measured from the exterior face of the exterior walls of a dwelling. Also, the gross leasable floor area for any business or industry based on interior dimensions.
62.
Foster care child facilities: A building or group of buildings, a facility or place in which is provided one (l) or more beds and other facilities and services - including rooms, meals and personal care for minors under the age of nineteen (19) years which complies with the rules and regulations contained in Chapter 290-2-5 (Rules and Regulations for Child Caring Institutions, Georgia Department of Human Resources). For the purposes of this ordinance, foster care child facilities are classified as follows:
l.
Foster home: A private home where the foster parent(s) live which has been approved by the Georgia Department of Human Resources to provide twenty-four-hour care, lodging, supervision and maintenance for no more than six (6) children under the age of nineteen (19).
2.
Child caring institution: A child-welfare agency that is any institution, society, agency or facility (whether incorporated or not) which either primarily or incidentally provides full-time care for children through eighteen (18) years of age outside of their own homes which has been approved by the Georgia Department of Human Resources to provide room, board, lodging, supervision and maintenance for more than six (6) or more children.
63.
Garage, public: Any garage, other than a private garage, which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other motor vehicles, but not including the storage of wrecked or junked vehicles.
64.
Garage, repair: A public garage intended to be used to make major commercial automobile, motorcycle, lawn mower, or other motor vehicle repairs
65.
Garage or carport, private: A covered or enclosed space for the storage of one (1) or more motor vehicles belonging to the occupants of the lot and ancillary to the principal residential use on the lot.
66.
Gas station: An establishment which primarily sells gasoline and other petroleum products and minor grocery items. May also provide minor repairs and services for vehicles, such as oil changes and tire repair.
67.
Genealogist: A person who traces or studies the descent of persons or families and prepares a probative record of such descent.
68.
Group development: A group of buildings constructed on a plot of land not subdivided into customary streets and lots and which will not be so subdivided, intended to be operated under one (1) management or under a condominium type ownership arrangement.
69.
Group home, transitional: A residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Homes providing extended shelter and supportive services for individuals and/or families with the goal of helping them live independently and transition into permanent housing. Group homes shall not provide treatment of drug or alcohol dependency or provide an alternative to incarceration.
70.
Gunsmith: An establishment which makes, sells, and repairs firearms, but does not include a shooting range.
71.
Home occupation, minor: An occupation for gain or support conducted by resident(s) on the premises meeting the following criteria:
1.
The home is being used solely for the purpose of maintaining a business address, with no intensive work being performed on the premises which is capable of being detected outside of the residence, or the home is being used solely for the purpose of office administration, record keeping and other clerical work, online sales, and prepping for mobile services, such as catering.
2.
No employees or customers may come to the home as a business site; and
3.
The home occupation must also satisfy the criteria for a home occupation contained in section 202(71).
72.
Home occupation, general: An occupation for gain or support conducted by residents on the premises, ancillary and accessory to the main agricultural or residential use on the property, meeting the following criteria:
1.
No home occupation shall employ more than two (2) persons who work on the premises but who do not reside in the dwelling located on the premises.
2.
The home occupation must be incidental and subordinate to the residential use of the dwelling and must not change the residential or agricultural character of the property.
3.
No display of products shall be visible from any street, unless approved by special exception.
4.
Use of the principal and/or accessory building(s) for the home occupation shall not exceed twenty-five (25) percent of the combined gross floor area of the principal and accessory buildings.
5.
No internal or external alterations shall be permitted which would change the fire rating for the structure.
6.
No continuous unenclosed outside storage of materials or supplies used in connection with the home occupation shall be permitted, provided that this restriction shall not preclude the conduct of minor outside home gardening activities in conjunction with a home occupation.
7.
All allowed parking for the home occupation shall be located on the property either on the paved driveway or in the side or rear yards.
8.
Only vehicles not exceeding the size of large passenger vans and dually trucks shall be used in connection with home occupations in AR-1, R-1, R-1A, R-2, R-2A, R-4 and R-5 zoned platted subdivisions with interior streets. Semitruck cabs (but no trailers) may be allowed to parked on AR-1, R-1, and R-2 zoned parcels, if such parcels are outside of platted subdivisions with interior streets and have a minimum of three (3) acres.
9.
May be approved on an interim or preliminary basis for such time and under such conditions as may be set by the board of commissioners. When the interim or preliminary approval concludes, the operation and conduct of home occupation, general will be reviewed by the zoning administrator or his designee to determine whether its operation during the interim or preliminary period has complied with section 413 of this ordinance and with any conditions of approval imposed thereon. The zoning administrator or his designee shall provide a report thereon to the board of commissioners.
73.
Hospice facility: A facility providing care to patients diagnosed with a terminal illness operated by a person or organization licensed as a hospice by the Georgia Department of Human Resources and which complies with Georgia rules and regulations governing hospice care facilities.
74.
Hotel: A building in which overnight accommodations, without separate cooking facilities, are provided for the public. The term "hotel" includes the terms "motel" and "tourist court."
75.
Human remains: The bodies of deceased human beings in any state of decomposition, including properly identified, buried, cremated remains.
76.
Industrialized building: Any structure or component thereof, which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof; and which bears the insignia of approval issued by the Commissioner of the Georgia Department of Community Affairs.
77.
Institution: A non-profit corporation, establishment, or entity; for public or semi-public use.
78.
Intermediate care home: A facility that admits residents on medical referral. It maintains the services and facilities for institutional care, has a agreement with a physician and dentist who will provide continuing supervision including emergencies, and otherwise complies with the rules and regulations contained in Rules of the Georgia Department of Human Resources.
79,
Junkyard: Any use involving the parking, storage or disassembly of three (3) or more junked vehicles, or wrecked or non-operable automobiles, trucks, or other vehicles; storage, bailing, or otherwise dealing in scrap iron and other metals, used plumbing fixtures, old stoves, old refrigerators, and other 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.
80.
Junked or abandoned motor vehicle: Any wrecked or non-operable automobile, truck, or other motor vehicle that does not bear a current license plate. Junked motor vehicle shall also mean a motor vehicle, which cannot be returned to road-worthy condition or is not restored to road-worthy condition within fifteen (15) days from the owner or person in possession of same being ordered by the Code Enforcement Officer to either restore the motor vehicle to road-worthy condition or remove it in compliance with the Code of Spalding County.
81.
Kennel: The housing for dogs, cats or other domesticated animals, not already living on the property, for the purpose of providing an income or revenue. For purposes of this definition, any domesticated animal over the age of six (6) months shall be included.
82.
Livestock: Domesticated cattle, horses, sheep, goats, pigs, cervidae animals, capradae animals, animal of the genus llama, flightless birds (ratites), enclosed domesticated rabbits or hares and any other animal specifically raised for food or fiber. Separate from poultry.
83.
Liquor store: An establishment which solely sells alcohol (beer, wine and/or distilled spirits) and alcohol-related products. Also known as a package store.
84.
Loading space: Space logically and conveniently located for pickup and delivery service, scaled to the vehicles expected to be used, accessible to such vehicles at all time, and in addition to spaces required for vehicle parking.
85.
Long-term rental: A rental of a residence by the property owner to non-related individuals for compensation, for longer than thirty (30) consecutive days.
86.
Lot: A parcel of land occupied or capable of being occupied by one (1) or more buildings and customarily incidental accessory buildings or uses, including any open spaces and buffers as may be required by this ordinance.
87.
Lot. corner: A lot whose front and side (s) are located at the intersection of two (2) or more streets.
88.
Lot, double frontage: A lot, other than a corner lot, which has frontage on more than one (1) street, usually along its front and its rear.
89.
Lot, frontage width: The distance between side lot lines measured along the common boundary line of the lot and a road (right-of-way line).
90.
Lot, flag or panhandle: A parcel of land which does not meet the minimum required frontage width and the minimum required lot width, particularly between the right-of-way line and the minimum front building setback line.
91.
Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Superior Court of Spalding County, Georgia; or a parcel of land described by metes and bounds, the plat or description of which has been recorded in said office. If a portion of a parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of the lot or parcel will be considered a lot of record.
92.
Lot width: The distance between side lot lines measured perpendicularly at the front building setback line. If a corner lot, the distance between lot lines measured along the front building line that parallels or more nearly parallels the rear lot line.
93.
Master development plan: A written and graphic submission for a planned development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof, submitted in conjunction with an application to rezone land to a zoning district for which a development plan is required.
94.
Mini-warehouse/self-storage facility: A structure or group of structures containing separate spaces or stalls which are leased for the storage of goods and personal property. An area for common storage of boats, travel trailers or other vehicles may be included. Storage spaces can be accessed through exterior doors or within a climate-controlled building.
95.
Net buildable area: The net buildable area is calculated by subtracting unbuildable areas on a property, such as floodplain, wetlands, buffers, easements, etc. from the total project tract acreage. The resulting acreage is the net buildable area.
96.
Mobile food service unit: A mobile food service unit is a motorized, wheeled vehicle designed and utilized for the preparation and sale of food and non-alcoholic beverage items to the general public, and whose operations are self-contained within the confines of the vehicle.
91.
Nursing home: A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision, maintains the services and facilities for skilled nursing care, rehabilitative nursing care, has an 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 and otherwise complies with the rules and regulations of the Georgia Department of Human Resources.
98.
Official zoning map: The map entitled "The Official Zoning Map of Spalding County, Georgia," indicating the current locations of zoning district boundaries in Spalding County.
99.
Open space: Undeveloped land set aside permanently for common use, conservation, and buffers. Conventional swimming pools, tennis courts, and associated parking areas are not considered open space for the purposes of this ordinance. Open space may include trails, picnic areas, parks, gazebos, etc.
100.
Overall development density: Overall development density is calculated by dividing the net buildable area by the total number of proposed building lots.
101.
Parking space: The temporary storage space for one (1) motor vehicle. (See Appendix F of the Zoning Ordinance for dimension standards required of standard parking spaces and those accessible to handicapped persons.)
102.
Personal care home: Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one (1) or more personal services (including, but not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer and essential activities of daily living such as eating, bathing, grooming, dressing and toileting) for two (2) or more adults who are not related to the owner or administrator by blood or marriage and permitted by the department of community health pursuant to Georgia Rules and Regulations.
103.
Personal care home. commercial district: A residential facility that is certified as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49 having at least twenty-five (25) beds and providing, for compensation, protective care and oversight of ambulatory, non-related persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Commercial district personal care homes including those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
1.
Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or
2.
Boarding facilities that do not provide personal care and which are permitted by the department of community health pursuant to Georgia Rules and Regulations.
104.
Planned industrial development: An area within a planned development project designed for industrial uses with streets, utilities and common architectural controls regulated by a master development plan and restrictive covenants.
105.
Planned neighborhood development: An area that encourages the coordination and harmony of a planned residential area and limited commercial activities such that the final development shall contain dwellings and various shops, stores and other facilities for the convenience of the residents of the development. A planned neighborhood development may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or any combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed. A limited amount of commercial activity, as permitted in the C-1A, Neighborhood Commercial Zoning District shall be allowed.
106.
Planned residential development: An area that encourages ingenuity and resourcefulness in land planning and to assure the provision of parks and recreational facilities provided for the residents of the development. Planned residential developments may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or a combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed.
107.
Planned residential/recreation/lodge development: An area that encourages possible site plans and building arrangement for recreational and lodging development, which are sensitive to, and take into consideration, interrelationships between the natural environment, different architectural styles, relative scales of various structures, and other larger community setting in which the development is situated.
108.
Planned shopping center: An area within a planned development which contains a group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; and is planned, developed, analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and provides on-site parking in relation to the types and size of stores.
109.
Planning and appeals commission: The Spalding County Planning and Appeals Commission. An advisory board to the board of commissioners which gives recommendations on land use applications such as rezonings and special exceptions, and decisions on variances and zoning appeals.
110.
Plat: A surveyed map, plan, or layout of a county, city, town, section, subdivision, or parcel indicating true boundary lines.
111.
Poultry farm, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, raise and/or sell poultry or poultry products or byproducts, as part of a business operation, as contrasted with raising or owning poultry as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such poultry farm owners may be contract growers who invest in and build poultry barns/operations, working under contract with a poultry production and processing company (integrator), to raise, feed, grow and care for poultry for the commercial market.
112.
Public water: Potable water service provided by Spalding County or the City of Griffin.
113.
Public sewer: Sanitary sewer service provided by Spalding County or the City of Griffin and which does not constitute an "on-site sewage management system" as defined in O.C.G.A. § 31-2-7 and the Rules and Regulations of the Georgia Department of Human Resources, Public Health Division.
114.
Recycling center: A facility which may be held in public and/or private ownership and which is designated to sort and process approved materials (aluminum cans, glass, newspaper, tin, plastics, etc.), which have been separated from waste normally discharged into sanitary landfills and sold for re-use in other markets.
115.
Right-of-way: A strip of land designed, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility line installation and owned by a county or municipality.
116.
Senior independent living facility: A multiple family residential facility for persons over the age of fifty-five (55) that can live without daily assistance, but for which services and amenities may be provided within the building at the option of the resident, such as meals, socialization and recreation.
117.
Shipping container: A single rigid, reusable, metal (generally, corrugated) box (regardless of size or dimensions) the original purpose of which is to ship, transport, or store goods, regardless of whether it:
(1)
Is used on a temporary or permanent basis;
(2)
Is used for its original or another purpose;
(3)
Is or is not a building or structure; and
(4)
Is referred to as a freight, cargo, intermodal, shipping, storage, or Conex container.
118.
Shipping container, temporary: A shipping container (including, PODS® or other similar containers) temporarily located on a parcel for the purpose of moving, (re)construction, remodeling, temporary storage, or the like, on the same parcel and meeting the following criteria:
1.
Be located on the parcel for no more than ninety (90) days. The above temporary requirement may be varied by the Spalding County Board of Appeals for good cause shown; provided however, that such a variance shall be explicitly limited to the time required for effectuation of the limited purpose for which the shipping container was or is sought to be placed on the parcel.
2.
Have signage posted thereon providing:
(a)
The name, address and telephone number of the company or person who owns (or otherwise has a property interest in) the same;
(b)
The name, address and telephone number of the person who caused the same to be placed upon the parcel;
(c)
The date the same was place on the parcel; and
(d)
The date it is scheduled to be removed.
3.
No more than one (1) temporary storage container or pod may be located on any one (1) parcel without the written authorization of the administrative officer.
119.
Shooting range, indoor: An indoor facility for the safe shooting of firearms that complies with the technical and operational standards of the current National Rifle Association ("NRA") Range Source Book, regardless of whether the facility is open to the general public or open only to private membership.
120.
Shooting range, public, outdoor: An outdoor facility for the safe shooting of firearms by members of the general public, who are not the property owner or related to the property owner. Outdoor, public shooting ranges typically provide target practice and training services for compensation.
121.
Storage, continuous, unenclosed outside: Any on-premises storage of either raw materials or finished products located outside of a building and which is present or required by the ordinary use to which the parcel or tract is placed and is visible from the street or adjacent parcels.
122.
Story: 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.
123.
Story, first: The lowest story of any dwelling, completely above ground, that is not a basement or half story.
124.
Story, half: Any portion of a story of a dwelling with a heated floor area less than two-thirds of the square footage of the entire footprint of the dwelling.
125.
Street or road, arterial: A road designated as either a principal arterial or minor arterial on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
126.
Street or road, collector: A road designated as either a major collector or minor collector on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
127.
Street or road, local: A road designated as a local road on the current version of the Georgia Department of Transportation Road Classification Map for Spalding County.
128.
Street vendor: A retail business licensed to operate without permanent facilities which includes roadside stands, tents, carts and tables, or vehicles used for the purpose of retail sales of goods.
129.
Structure: Anything constructed or erected for any use that requires a fixed location on the ground or which is attached to something having a fixed location on the ground.
130.
Subdivision, infill: A subdivision of an existing lot of record which is identified as an "infill" development tract on the "Spalding County Infill Subdivision Tract Map" into lots of a size which are not less than one (1) acre in size for property which has access to public water but which does not have public sewer access or not less than one-half (½) acre in size for property which has both public water and public sewer access and for which access is obtained by either:
1.
A new road developed from the infill tract frontage along and existing street or road;
2.
The extension of a road providing access to the infill tract from existing adjoining residential development; or
3.
A road developed from a point within the adjoining residential development which was reserved for access into the undeveloped infill tract.
131.
Subdivision: The division of a lot of record at the time of enactment of this ordinance into further lots, or other division for the purpose - whether immediate or future - of sale, legacy or building development. This definition does not include the following:
1.
The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resulting lots are at least equal to standards set forth in this ordinance.
2.
The division of land among heirs by judicial decree.
132.
Subdivision, major: A division of land into parcels of five or more lots which may or may not include the development of a new street or road.
133.
Subdivision, minor: A division of land into parcels of three (3) or more acres up to four (4) lots which does not include the development of a new street or road.
134.
Swine farm, or parlor, commercial: Facilities, houses, barns, structures and uses, owned by any individual, group or company, used to grow, feed, raise and/or sell swine or swine products or byproducts, as part of a business operation, as contrasted with raising or owning swine as a hobby or solely for owner use and consumption, as allowed in certain districts of the zoning code. Such swine farm owners may be contract growers who invest in and build swine barns/operations, working under contract with a swine production and processing company (integrator), to raise, feed, grow and care for swine for the commercial market.
135.
Taxidermy: An establishment which prepares, stuffs, and mounts the skins of animals for personal display.
136.
Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and the like. This definition does not include a tower, domestic.
137.
Tower, domestic: Any tower used primarily for the purpose of supporting a-domestic antenna, and which does not exceed ten (10) feet in height. In addition, the definition of domestic tower, includes any amateur radio tower owned or operated by a federally licensed amateur radio station operator which is not greater than one hundred (100) feet in height.
138.
Truck stop: An establishment which provides refueling, rest (overnight parking), and often ready-made food and other services to motorists and truck drivers.
139.
Truck terminal: A building, structure or place where, for the purposes of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched; also, an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis.
140.
Use: Any purpose for which a building 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 a tract of land.
141.
Use, accessory: A use or structure customarily incidental and subordinate to the principal use or structure and located on the same lot as the principal use or structure.
142.
Use, non-conforming: A lawful lot, structure, or use of land that existed at the time of the adoption of the Zoning Ordinance of Spalding County or at the time of the adoption of an amendment to the zoning ordinance, that no longer conforms to the regulations contained therein because of the adoption of the zoning ordinance or the adoption of an amendment to the zoning ordinance.
143.
Use, principal: The main purpose for which a lot is intended or for which it is used.
144.
Utility substation: Any public or private utility facility which is designed for the purposes of switching, storage, transfer, rebroadcast or other transmission or re-transmission purposes, exclusive of individual transmission line, which provides services including (but not limited to) cable television, telephone, gas and electricity. This definition shall exclude any facility of the City of Griffin or Spalding County for the provision of electricity, water or sewer service.
145.
Variance: A permit issued by the planning commission that allows use of a parcel of land in a way that varies from the requirements of certain development standards for the district in which the property is located. (See section 411).
146.
Wireless facility, small: Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network.
147.
Yard: The open space on a lot that is left unoccupied with principal structures and facilities, except as permitted by this ordinance. A yard includes the area required for by this ordinance for a building setback.
148.
Yard, front: The open space on a lot located between the right-of-way boundary of the abutting street and the front most line or portion of a principal building as extended perpendicularly to the lot lines to either side. Any yard lying between an abutting street and the building lines is considered a front yard. For example, in the case of a corner lot which is abutted on two (2) sides by streets, both yards abutting the streets would be front yards; setbacks and other development standards for front yards would apply to both of these yards.
149.
Yard, rear: The open space located between the rear property line and the rear most line or portion of a-principal building as extended perpendicularly to the side lot lines.
150.
Yard, side: The open space located between the side property line and the side most line or portion of a-principal building as extended to the front and rear lot lines.
151.
Zoning district: One (1) or more sections of Spalding County, Georgia as delineated and designated on the official zoning map, within which the zoning regulations are uniform.
(Res. of 11-20-25(2), § 2)
1.
Conventional construction: A dwelling unit constructed on the building site from basic materials delivered to the site and which is constructed in accordance with the International Residential Code, and meeting the following development standards:
1.
The home has a minimum width in excess of sixteen (16) feet.
2.
The pitch of the dwelling unit's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal nm, except that any such dwelling unit for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the aforesaid building permit.
3,
For purposes of this definition, a unit of conventional construction constructed outside the boundaries of Spalding County may not be brought into Spalding County and used as a dwelling if such home was constructed more than five (5) years from date the building permit application is requested.
2.
DCA: Department of Community Affairs of the State of Georgia.
3.
Doublewide: An obsolete term used to describe a mobile home or manufactured home having a width of generally between twenty (20) and twenty-eight (28) feet.
4.
Dwelling: A building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boarding houses, or rooming houses.
5.
Dwelling, apartment: Three (3) or more dwelling units, under a single ownership, located on one (l) lot of land, occupied by renters.
6.
Dwelling, barndominium or barn house: A non-traditional single structure constructed with a common roof which includes:
1.
A single-family detached dwelling, with heated floor area, separately meeting the requirement for the zoning district in which it is located; and
2.
An attached barn, garage or carport, private, workshop or storage space the square footage of which is not included in the calculation of the heated floor area, minimum of the single-family detached dwelling, but which shall not exceed the heated floor area of the dwelling.
3.
A barn (or other structure) detached from the dwelling is not included within this definition.
4.
Photographs of examples of barndominium or barn house exterior designs which meet this definition are available from the department of community development and are available upon request. The design of any proposed barndominium or barn house shall substantially comply therewith.
7.
Dwelling, cluster: One (1) of a series of attached and/or detached single-family individually owned dwelling units of conventional construction which may be set against one (1) or two (2) lot lines rather than in the middle of the lot, combined with joint ownership of common areas of buildings and grounds.
8.
Dwelling, condominium: An individually owned dwelling unit in an attached, detached, or multifamily structure, combined with joint ownership of common areas of the buildings and grounds.
9.
Dwelling, garden apartment: A multifamily dwelling one (1) or two (2) stories in height containing from one (1) to four (4) dwelling units, and where the area immediately surrounding the dwelling is landscaped and may contain recreational facilities for the private use of dwelling occupants.
10.
Dwelling, infill: A single-family residential dwelling of conventional construction located on a legal lot of record within a platted subdivision constructed with a minimum heated floor area which equals or exceeds the average heated floor area of existing single-family residential dwellings already located within the platted subdivision, provided each infill dwelling, shall have a minimum heated square footage of one thousand two hundred fifty (1,250) square feet. The dwelling shall utilize the setbacks consisting of the average of the adjoining lots.
11.
Dwelling, loft residential: Part of a mixed-use development featuring multi-family (owner or renter occupied) uses over retail commercial or professional office space; the conversion of an existing commercial space into adaptive reuse of residential units; or the conversion of existing or formerly used commercial, industrial or warehouse space into adaptive reuse of residential units.
12.
Dwelling, multiple-family: A building designed, constructed, altered or used for three (3) or more adjoining dwelling units, with each dwelling unit having a party wall or walls and/or a party floor and ceiling connecting it with at least one (1) other dwelling unit located on one (1) lot of land. A multiple-family dwelling may be apartments or condominiums.
13.
Dwelling, patio: A single-family dwelling in which all or a portion of the area required for side and rear yards may be consolidated into one (1) or more garden court spaces within the walls of the dwelling unit
14.
Dwelling, single-family attached: A building containing two (2) or more single-family dwelling units joined at one (1) or more points by one (1) 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. Also known as townhouses.
15.
Dwelling, single-family detached: A single residential detached building designed for or containing one (1) dwelling unit for one family.
16.
Dwelling, townhouse: One of a series of three (3) or more attached single-family dwelling units on separate lots that are separated from each other by fire walls extending at least from the lowest floor level to the roof.
17.
Dwelling, two-family: A detached building designed, constructed, altered, or used for two (2) adjoining dwelling units, with each dwelling unit having a party wall connecting it laterally with the other dwelling unit, located on one (1) lot; also known as a "duplex." Each has its own entrance/exit.
18.
Dwelling unit: One (1) or more rooms within a building forming a separate, independent housekeeping establishment for use of one (1) 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. A separate or additional dwelling unit shall not be connected by means of a structure, such as a breezeway, to an existing single-family detached dwelling.
19.
Factory-built housing: An obsolete term used to describe an industrialized or modular home. See definition of industrialized home.
20.
Heated floor area, minimum: The finished portion of a dwelling that is primarily intended and ready for human habitation and everyday use. A portion of a dwelling shall be deemed "finished" when:
1.
It is heated;
2.
Its walls and floors are covered with a finished covering; and
3.
It is served by electricity with fixtures operated by functional outlets and switches which have been installed in compliance with any and all applicable building codes for occupancy.
4.
For purposes of this definition, the following portions of a dwelling shall not be considered "finished" even if served by utilities: crawlspace, attic, garage, carport, unfinished basement, decks and patios.
21.
HUD: U.S. Department of Housing and Urban Development.
22.
Industrialized home: A residential structure which is (either wholly or in substantial part) made, fabricated, formed or assembled in one (1) or more factory-built sections or panels in manufacturing facilities for assembly and installation on a building site. An industrialized home is 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, when completed, meets or exceeds the requirements of any and all development standards for conventionally constructed site-built housing. Any industrialized home must be designed to be permanently connected to a site-built foundation. No industrialized home shall be constructed with a chassis, as defined in 24 C.F.R. § 3280.902(a). It is the intent of this definition to include structures or components which are included within O.C.G.A. § 8-2-111(3) and 7 C.F.R. § 3550.10 or which are approved pursuant to the Rules and Regulations of the Department of Community Affairs of the State of Georgia and which bear an insignia of approval issued by the commissioner thereof also known as a "modular home." An industrialized home shall meet the following standards:
1.
The home has a minimum, width in excess of twenty (20) feet.
2.
The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of material that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the issued building permit.
3.
The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential construction.
4.
The home, if constructed outside of the boundaries of Spalding County, may not be brought into Spalding County and used as a dwelling if such home was constructed more than five (5) years from the date on which the application is requested.
5.
For purposes of this definition, no manufactured home (as defined in section 203 (S—U) may be attached to any industrialized home by means of breezeway, corridor or hallway.
23.
Manufactured home, Class A:
1.
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 U.S.C. 5401-5445 (the HUD Code, which became effective on June 15, 1976), and meeting the following development standards:
a.
Minimum width in excess of sixteen (16) feet.
b.
The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this ordinance may be extended, enlarged or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the aforesaid building permit.
c.
The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional residential construction.
d.
Piers/footings must be a minimum of twenty-four (24) inches by twenty-four (24) inches and six (6) inches deep.
e.
A curtain wall, un-pierced except for required ventilation and access and constructed of masonry, is installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches.
f.
The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.
g.
A minimum three-foot by three-foot attached porch on front and back of home.
h.
For purposes of this definition, no manufactured home as defined in Section 203(24), (25) may be attached to any other Manufactured Home, Class A, by means of breezeway, corridor or hallway.
2.
All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160 et seq.
3.
Landings of the requisite composition and size as per Section 1113 of the Standard Building Code of the Southern Building Code Congress International, with said provisions being expressly incorporated by reference herein as part of this requirement.
4.
Manufactured homes are not permitted to be used as storage buildings.
24.
Manufactured home, Class B: 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 Federal Manufactured Home Construction and Safety Standards Act 42 U.S.C. 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 O.C.G.A. § 8-2-160, et seq. Manufactured homes are not permitted to be used as storage buildings.
25.
Manufactured home, Class C: 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). All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160, et seq. Class C manufactured homes must meet the construction standards specified in ANSI A119.1 (See Appendix H). Compliance with ANSI Al 19.1 may be determined by any of the following procedures:
1.
For Class C manufactured homes, which are proposed to be located within Spalding County for the first time or which are proposed to be relocated within Spalding County, the Spalding County administrative officer must inspect the unit and determine what (if anything) is needed to bring the unit up to the standards of ANSI 119.1. Upon determining that the unit meets ANSI 119.1 standards and that the provisions of all other applicable Spalding County ordinances are met by the proposed placement of the manufactured home, the administrative officer will issue the permit for placement of the manufactured home.
26.
Manufactured home community, non-conforming: A lot used or intended as a residential area occupied by more than one (1) manufactured home where the resident owns or rents the manufactured home and rents the manufactured home space and which manufactured home community is not located in the Multiple Family R-3 zoning district.
27.
Manufactured home lot: An area of land within a planned manufactured home community designed to accommodate one (1) manufactured home.
28.
Mobile home: An obsolete term used to describe a manufactured home.
29.
Mobile home park: An obsolete term used to describe a planned manufactured home park. See definition of planned manufactured home community.
30.
Modular home: A factory-fabricated single-family dwelling that is constructed in one (1) or more sections and complies with the definition of industrialized home.
31.
Mother-in-law suite: An accessory structure to a single-family detached dwelling.
32.
Multi-section home: An obsolete term used to describe a manufactured home finished in two (2) or more sections.
33.
National Manufactured Home Construction and Safety Standards: The national building code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development; also known as the "HUD Code."
34.
Planned apartment home community: A lot used or intended for use as a residential area occupied by apartment homes and conforming to an approved development plan; with appropriate and adequate community services, recreational facilities, utilities, streets, and sidewalks provided by the developer.
35.
Planned manufactured home community: 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, recreational facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns or rents the manufactured home and rents the manufactured home space.
36.
Pre-fabricated home: A general term used to describe any home constructed in a factory setting including manufactured homes, modular homes, and industrialized homes.
37.
Recreational vehicle: A vehicle designed as a temporary dwelling for travel or recreational uses. A vehicle, which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the largest horizontal projection;
3.
Designed to be self-propelled or permanently towable by a light duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Also referred to as, camping trailers, travel trailers, camper pick-up coaches, and motorized homes.
38.
Residential occupancy: Stay at a dwelling, for any length of time, when such dwelling is the occupant's primary address of domicile.
39.
Sectional home: A general term used to describe any home constructed in a factory setting, especially manufactured homes.
40.
Single-wide: An obsolete term used to describe a mobile home or manufactured home having a width of between eight (8) and sixteen (16) feet.
41.
Site-built home: See definition of conventional construction.
42.
Stick-built home: See definition of conventional construction.
43.
Trailer: An obsolete term used to describe a manufactured home.
44.
Trailer court: An obsolete term used to describe a planned manufactured home community. See definition of planned manufactured home community.
45.
Trailer park: An obsolete term used to describe a planned manufactured home community. See definition of planned manufactured home community.
46.
Travel trailer: A vehicle designed as a temporary dwelling for travel or recreational uses, not more than eight (8) feet in width and not more than thirty (30) feet in length.
47.
Travel trailer park: A lot on which may be parked two (2) or more travel trailers for a period of less than thirty (30) days.
48.
Wall, curtain: A nonbearing wall between columns or piers and which is not supported by girders or beams but is supported on the ground and designed to conceal features underneath a structure.
(Res. of 11-20-25(2), § 2)
1.
Addition (to an existing building): Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "new construction."
2.
Appeal: A request for a review of the zoning administrator's interpretation of any provision of this ordinance.
3.
Aquifer: Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.
4.
Area of shallow flooding: A designated AO or AH Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
5.
Area of special flood hazard: The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in subsection 2003 A:2.
6.
Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year,
7.
Base flood elevation (BFE): The elevation shown on the flood insurance rate map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO. V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one (1) percent chance of occurrence in any given year.
8.
Basement: That portion of a building having its floor sub grade (below ground level) on all sides.
9.
Corps of Engineers: The United States Army Corps of Engineers, which is given authority pursuant to Section 404 of the Clean Water Act, 33 U.S.C. 1344, for the regulation of wetlands and the permitting of fill material therein.
10.
Corridor: All land located within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed and within other setback areas specified in section 2104 of this article.
11.
Critical facility: Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:
1.
Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;
2.
Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;
3.
Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and
4.
Generating plants, and other principal points of utility lines.
12.
Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving. excavating, drilling operations, and storage of materials or equipment.
13.
DHR: Georgia Department of Human Resources.
14.
DHR Table MT-1: The provisions of the Department of Human Resources' Manual for On-site Sewage Management Systems, appearing on Table MT-1, therein, as amended.
15.
DHR TableMT-2: The provisions of the Department of Human Resources' Manual for On-site Sewage Management Systems, appearing on Table MT-2, therein, as amended.
16.
DRASTIC: The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600-2-87-035. DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility.
17.
Elevated building: A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.
18.
Existing construction: For the purposes of determining rates, structures for which the "start of construction" commenced before October 1, 1991, the effective date of the initial FIRM map enactment for Spalding County.
19.
Existing manufactured home park or subdivision: Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before. October 1, 1991, the effective date of the first floodplain management regulations adopted by Spalding County.
20.
Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
21.
Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:
1.
The overflow of inland or tidal waters; or
2.
The unusual and rapid accumulation or runoff of surface waters from any source.
22.
Flood boundary: That area threatened by possible flood under normal to severe circumstance; determined as shown on current flood insurance rate maps, published by the Federal Emergency Management Agency (FEMA).
23.
Flood hazard boundary map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.
24.
Flood insurance rate map (FIRM): An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.
25.
Flood insurance study: The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.
26.
Floodplain: Any land area susceptible to flooding.
27.
Flood proofing: Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
28.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
29.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
30.
Highest adjacent grade: The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.
31.
Historic property: Any property that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;
2.
A structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one (1) or more of the following reasons:
a.
It is an outstanding example of a structure representative of its era;
b.
It is one (1) of the few remaining examples of a past architectural style;
c.
It is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or
d.
It is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region.
32.
Impervious surface: A manmade structure or surface which prevents the infiltration of storm water into the ground below the structure or surface, including (for purposes of example only), but not limited to, buildings, roads, driveways, parking lots) swimming pools and patios.
33.
Jurisdictional wetland: An area that meets the definitional requirements for wetlands as determined by the Corps of Engineers.
34.
Jurisdictional wetland determination: A delineation of jurisdictional wetland boundaries by the Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C 13441 as amended.
35.
Large water supply watershed: A watershed containing one hundred (100) square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.
36.
Lowest floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for the parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code.
37.
Mean sea level: The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
38.
National Geodetic Vertical Datum (NGVD): As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
39.
New construction: For the purpose of determining insurance rates, structures for which the "start of construction" commenced after October 1, 1991, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after October 1, 1991, and includes any subsequent improvements to such structures.
40.
North American Vertical Datum (NAVD): Replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA flood modernization maps.
41.
Perennial stream: A stream which flows throughout the whole year as indicated on a USGS quadrant map.
42.
Pollution susceptibility: The relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.
43.
Pollution susceptibility maps: Maps of the relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia.)
44.
Recharge area: Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.
45.
Regulated activity: Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the United States, excepting those activities exempted in Section 404 of the Clean Water Act.
46.
Reservoir boundary: The edge of a water supply reservoir defined by its normal pool level.
47.
Significant recharge areas: Those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).
48.
Small water supply watershed: A watershed that contains less than one hundred (100) square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply-intake.
49.
Start of construction: The date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
50.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
51.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
52.
Substantially improved existing manufactured home parks or subdivisions: Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
53.
Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water system and railroads or other utilities identified by a local government.
54.
Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.
56.
Water supply reservoirs: A governmentally owned impoundment of water for the primary purpose of providing water to one (1) or more governmentally owned public drinking water systems. This excludes any multipurpose reservoirs owned by the U.S. Army Corps of Engineers.
57.
Water supply watershed: The area of land upstream of a governmentally owned public drinking water intake.
58.
Wetlands: Any areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. The definition of "wetlands," as defined in 33 C.F.R. 32.93 is included within this definition, and adopted by reference.
59.
Wetlands map: The current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for Spalding County, Georgia.
(Res. of 11-20-25(2), § 2)
1.
Airport elevation: The highest point of an airports usable landing area as measured in feet above means sea level.
2.
Airport authority: The Griffin-Spalding County Airport Authority.
3.
Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface area at the same slope as the approach zone height limitation slope as set forth in section 2205. In plan the perimeter of the approach zone.
4.
Approach, transitional, horizontal and conical zones: These zones are set forth in section 2204A of this ordinance.
5.
Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.
6.
Hazard to air navigation: An obstruction determined to have an adverse effect on the safe and efficient utilization of the navigable airspace.
7.
Height: For the purpose of determining the height limits in all zones set forth in the zoning map in conjunction with the Griffin-Spalding County Airport Overlay District, the datum shall be the top of any building, structure, or tree expressed in feet above mean sea level, unless otherwise specified.
8.
Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
9.
Non-precision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
10.
Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height as set forth in section 2205A.
11.
Person: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; including a trustee, a receiver, an assignee, or similar representative of any of them.
12.
Precision instrument runway: A runway having an existing instrument approach procedure utilizing all Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
13.
Primary surface: A surface longitudinally centered on a runway. When a runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in section 2204A. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
14.
Runway: A defined area of an airport prepared for landing and take-off of aircraft along its length.
15.
Surface(s): An imaginary geometric plan located above the ground through which a penetration would constitute a hazard to air navigation.
16.
Transitional surfaces: These surfaces extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degrees angles to extended runway centerline.
17.
Tree: Any object of natural growth.
18.
Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.
19.
Zone(s): All of the land lying beneath the surface(s),
(Res. of 11-20-25(2), § 2)
1.
Agriculture homestay: A single-family detached dwelling that:
1.
Has eight (8) or fewer guestrooms and is restricted to a maximum of sixteen (16) overnight adult guests;
2.
Must be located on and be a part of a farm that produces agriculture products; and
3.
Must also meet the definition of bed and breakfast but may serve meals and light foods or snacks to its registered guests at any time.
2.
Agriculture products or services: Includes, but is not limited to, the following goods and services if produced or performed on a farm: crops (e.g., com, cotton, cabbage, cottonseed); fruit (e.g., peaches, grapes, cherries, berries); vegetables (e.g., sweet corn, pumpkins, tomatoes); apiculture (beekeeping) products; floriculture products; herbs; forestry products; husbandry products (e.g., horse or cattle breeding); livestock and livestock products (e.g., cattle, sheep, hogs, horses, poultry, ostriches, emus, fanned deer, milk, eggs, fur); aquaculture products (e.g., fish, fish products, water plants); horticultural products (e.g., nursery stock, ornamental shrubs, flowers and Christmas trees); compost products; and the like.
3.
Agriculture products, value-added: Agriculture products that have been enhanced or improved on the farm to add value. The enhancement or improvement includes marketing, agricultural processing, transforming, packaging, and the like.
4.
Agriculture-related products: Items sold at a farm market to attract customers and promote the sale of agriculture products. The term also refers to any good that otherwise qualifies as an agriculture product or value-added agriculture product except for the fact that the good was not produced on the farm from which it is sold.
5.
Agriculture-related products, Non-: Items not connected to fanning or the farm operation, including, but not limited to, novelty t-shirts or other clothing, crafts and souvenirs.
6.
Agriculture-related services: Services that incidentally occur on an agritourism enterprise producing agricultural products, including, but not limited to, accessory livestock boarding facilities and care services, trail rides, on-farm market, farm tours and nature trails.
7.
Agriculture-related uses: Activities that:
1.
Result in the production of agriculture products and/or value-added agriculture products; or
2.
Allow the public to learn about, experience or engage in activities directly related to agriculture, the farm, agriculture products or services, agriculture-related products and/or services, value-added agriculture products.
8.
Agriculture-related uses, Non-: Activities that are not agriculture-related uses. Such uses include, but are not limited to, special events and the like.
9.
Brewery: The manufacturing premises and malt beverage taproom of a "brewer" of malt beverages as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-5-1.
10.
Brewpub: An establishment in which malt beverages are manufactured, as defined under Georgia laws and regulations, including, but not limited to, O.C.G.A. § 3-1-2.
11.
Cabin: A residential building designed for or containing one (1) or more dwelling unit(s) that meets the following development standards:
1.
Shall not exceed seven hundred and fifty (750) square feet per dwelling unit.
2.
Shall contain only (1) bedroom, one (1) bath and no separate utilities.
3.
Shall only be used as (a) overnight accommodations for guests who normally stay no more than seven (7) nights; or (b) the dwelling of one (1) farm manager or caretaker and bis or her family per twenty-five (25) acres in the A-T district.
12.
Campground, farm: The practice of allowing overnight guests to stay in a temporary structure on the farm, specifically a tent, tipi (teepee), or the like, on a farm, regardless of whether said temporary structure is provided by, or brought to the farm by the customer of, the agritourism enterprise, provided that guests normally stay no more than seven (7) nights.
13.
Fann special event: The hosting of events, including, but are not limited to, weddings, concerts, conferences or meetings, fairs, carnivals, sporting events, music or art festivals, holiday celebrations such as Fourth of July fireworks and similar events, on a parcel in the A-T district.
14.
Farm special event facility: Any structure or area on a parcel in the A-T district where the operator(s) allow the hosting of farm special events. Such a facility may not change the rural character or farmland nature of the subject property or surrounding properties.
15.
Farm tours: Tours where members of the public observe farm operations and/or are taught about agriculture, agriculture products and/or services, valued-added agriculture products, agriculture-related products and/or services. The term includes, but is not limited to, bay rides, seasonal outdoor mazes of agricultural origin, such as com or wheat mazes, education tours and the like.
16.
Farm, you-pick: A farm that allows customers, for a fee or free, to harvest, pick, or collect the products of agriculture, including, but not limited to, pumpkins and Christmas trees, provided that the operation is seasonal.
17.
Nature trial: Unpaved pathway(s) traversing a parcel for recreational and educational use on foot, bicycle, horse or other animal used for transport or non-motorized vehicle.
18.
Nature trial, motorized: A nature trial that also allows the use of recreational vehicles with internal combustion engines, subject to the limitations on hours of operation and as provided for in subsection 11-4002(4) of the Code of Spalding County, Georgia.
19.
On-farm market: A structure for the sale of agriculture products, value-added agriculture products, agriculture-related products and non-agriculture-related products directly to the consumer from a working farm.
20.
Preserve, fish: The intensive, small, agriculture production of fish for the purpose of fishing, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal laws. The term also includes activities related to processing said fish for consumption off site or in conjunction with a farm restaurant A fish preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, the term fish preserve is specifically excluded from the definition of agriculture (as that term is defined by section 202(3) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this section).
21.
Preserve, game: The intensive, small pasture, agriculture production of livestock or fowl for the purpose of hunting, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal game laws. The term also includes activities related to processing said animals for consumption off site or in conjunction with a farm restaurant. A game preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, such term is specifically excluded from the definition of agriculture (as that term is defined by section 202(3) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this section.
22.
Restaurant, farm: A sit-down eating establishment (I) that serves meals substantially prepared with agriculture products produced on the farm; and (II) has seating for no more than thirty (30) customers, excluding special events.
23.
Roadside stand: A location visible from the roadway from which primarily agriculture and value-added agriculture products are sold, in addition to agriculture-related and non-agriculture-related products, directly to the consumer, and which is located within the required setback from the right-of-way.
24.
Seasonal: A recurrent period characterized by certain occurrences, festivities, or harvest when crops are ready; not a continuous, year-round operation.
25.
Winery: The manufacturing premises and "tasting room" of a "Georgia farm winery" as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-6-1, 3-6-21.1.
26.
Zoo, petting, observation, or feeding: The keeping of livestock or fowl on the farm and allowing customers to pet, ride, feed, groom, milk, sheer, observe or perform similar activities related to the agriculture use of said livestock, fish or fowl.
(Res. of 11-20-25(2), § 2)
1.
Build-to line: The front setback line along which the building street facade is required to be located.
2.
Building type development standards: Development standards for building design and placement within the Tri-County Crossing Overlay District.
3.
Civic building type: A building located and designed to accommodate public or civic uses such as educational facilities, government administration, libraries, or places of worship.
4.
Commercial building type: A building located and designed to accommodate single use office or commercial uses as part of a retail or office complex.
5.
Commercial outdoor seating: A public open space that provides areas for outdoor dining adjacent to street-level commercial uses such as cafes or restaurants.
6.
Flex unit building type: A building located and designed to accommodate an attached or detached building with residential and commercial uses within individually owned and occupied units.
7.
Greenway trail: A linear public open space that provides pedestrian and non-motorized access along streams, streets, utility easements, and other open space corridors.
8.
Mixed use building type: A building located and designed to accommodate residential and commercial uses on multiple stories.
9.
Mixed-use development means a style of development that blends residential, commercial, cultural, institutional, or entertainment uses into one space, where those functions are to some degree. physically and functionally integrated, and that provides pedestrian connections. Mixed-use development may be applied to a single building, a block or neighborhood. These projects may be completed by a private developer, a governmental agency, a quasi-governmental agency or a combination thereof. A mixed-use development may be new construction, reuse of an existing building or brownfield site, or a combination thereof.
10.
Mixed use street: A street that is the development's primary thoroughfare that affords access to the front entrance of commercial, retail and mixed-use buildings.
11.
Park: A public open space that provides recreation amenities and gathering spaces.
12.
Planned development means a development for which a master development plan must be approved prior to the issuance of any development permit. Each development permit issued shall be conditioned upon compliance with the requited master development plan. If rezoning is required for any development, whether single-family residential, condominium, commercial, or mixed use, rezoning approval shall be conditioned upon compliance with the required master development plan. The master development plan shall identify the tract of land for the proposed development, the nature of the proposed development, public streets, common areas and open space, aesthetic amenities, landscaping, public facilities and restrictive covenants relating to the development.
13.
Planned street: Proposed new streets or driveways shown on the TCC district regulating plan.
14.
Plaza: A public open space that is available for civic and commercial activities.
15.
Primary driveways: Driveway connections to commercial development from adjacent public streets, providing access to parking lots.
16.
Private open space: Open space that restricts public access to residents of adjacent development.
17.
Protected open space network: Land protected permanently from development as defined within the Spalding County Comprehensive Plan, including open space along streams, wetlands, and floodplains.
18.
Public street frontage: Public open space that is comprised of the street tree planter and sidewalk along planned streets, required as part of the street design standards.
19.
Regulating plan: A development plan that applies to the TCC overlay district. The regulating plan identifies planned streets, street types, and greenway trails for the purposes of regulating street, block and pedestrian connectivity.
20.
Residential facade treatment: The required ground floor architectural design for residential buildings along the street facade frontage.
21.
Residential street: A street that serves multifamily and residential development that includes a landscape planting strip and sidewalks and may include on-street parking.
22.
Secondary driveways: Driveway connections through parking lots that front along commercial buildings.
23.
Storefront facade treatment: The required ground floor architectural design for commercial and mixed-use buildings along the street facade frontage.
24.
Street design standards: The design standards for planned streets.
25.
Street facade frontage: The percentage of the build-to line required to be occupied by front building facade. This ensures that streets have a consistent street edge occupied by building facade.
26.
Street wall: A short wall built along the build-to line, co-planar with the front building facade.
(Res. of 11-20-25(2), § 2)
1.
Solar energy system (SES): A device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the unified development ordinance, SES refers only to (1) photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device or (2) solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water hearing, space heating or space cooling, but excluding concentrated solar power which uses mirrors to focus the energy from the sun to produce electricity.
2.
Solar energy system, ground-mounted: An SES that is structurally mounted to the ground and does not qualify as an integrated SES. Any solar canopy that does not qualify as an integrated SES shall be considered a ground-mounted SES, regardless of where it is mounted.
3.
Solar energy system, ground-mounted, residential yard scale: A ground-mounted SES as an accessory use for an existing dwelling on a residential property, not to exceed a specified number of panels or a maximum area.
4.
Solar energy system, ground-mounted, small scale (small scale SES): A ground-mounted SES with a footprint of between one (1) and five (5) acres.
5.
Solar energy system, ground-mounted, intermediate scale (intermediate scale SES): A ground-mounted SES with a footprint greater than five (5) and up to fifteen (15) acres.
6.
Solar energy system, ground-mounted, large scale {large scale SES): A ground-mounted SES-with a footprint exceeding fifteen (15) acres.
7.
Solar energy system, integrated: An SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light or parking meter.
8.
Solar energy system, rooftop: An SES that is structurally mounted to the roof of a house, building or other structure and that does not qualify as an integrated SES.
(Res. of 11-20-25(2), § 2)
1.
Baluster: A small, molded shaft, square or circular, in stone or wood, sometimes metal, supporting the coping of a parapet or the handrail of a staircase.
2.
Carriage-style door: A garage door that mimics the design of doors on old-fashioned carriage houses, featuring an often wood-like aesthetic with decorative hardware and either a swing-out or roll-up mechanism.
3.
Commercial center: A building with two (2) or more connected business suites sharing common walls and parking.
4.
Coping: The capping or covering of a wall, typically a parapet or other exposed wall, designed to protect it from water damage and provide a finished, aesthetic edge.
5.
Cornice: A molded and projecting horizontal member that crowns an architectural composition.
6.
Cottage house: A principal dwelling, with a permanent foundation, larger than a tiny house but smaller than the minimum required heated floor area of a principal dwelling in each zoning district.
7.
Cupola: A dome-like structure on top of a building or entrance to a building.
8.
Dormer: A window that projects vertically from a sloping roof.
9.
Earth-tone color: Exterior colors that resemble dirt or soil, containing some proportion of the color brown.
10.
Eave: The part of a roof that meets or overhangs the walls of a building.
11.
Fascia board: A board attached to the lower ends of rafters at the eaves. Along with the soffit, the fascia helps enclose the eave.
12.
Fenestration: The arrangement of windows and doors on the elevations of a building.
13.
Frieze board: A horizontal trim board that runs horizontally beneath the roofline and above the soffit. It's often located between the top of the exterior wall and the eave.
14.
Full-depth: A protective or ornamental exterior facing, such as brick, which is the same material all the way through.
15.
Garage apartment: A self-contained housing unit built within or on top of, a garage. It may be attached to or detached from the main house but shall have a separate entrance from the main house.
16.
Gable: A triangular portion of an end wall between the edges of a sloping roof.
17.
Historically designated building: Any building in unincorporated Spalding County which is recognized on the National Register of Historic Places or located on historic property.
18.
Industrial park: A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, including warehousing and distribution, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
19.
Loft dwelling: Part of a mixed-use development featuring multi-family (owner or renter occupied) uses over retail commercial or professional office space; the conversion of an existing commercial space into adaptive reuse of residential units; or the conversion of existing or formerly used commercial, industrial or warehouse space into adaptive reuse of residential units.
20.
Muntin: A vertical or horizontal piece that divides a pane of glass into two (2) or more panes in a window.
21.
Office park: Two (2) or more detached commercial buildings on the same lot or property with shared parking.
22.
Parapet: A low wall built up above the level of a roof, to hide the roof or items on the roof.
23.
Pediment: A decorative feature adjacent to a door, window, front, or other part of a building often in another style or material.
24.
Portico: A series of columns or arches in front of a building, generally as a covered walkway.
25.
Primary exterior material: The predominant building material on the exterior of a building.
26.
Quadruplex: A building divided into four (4) self-contained residences, each with separate entrances, not part of an apartment community.
27.
Quion: A decorative stone, masonry, or stucco feature at the intersection of walls.
28.
Secondary exterior material: Materials on the exterior of a building that serve only as edges or accents to the primary building material.
29.
Soffit: The board connecting the walls of a structure to the fascia or the end of the roof, enclosing the eave.
30.
Tiny house: A principal dwelling, with a permanent foundation, with four hundred (400) heated square feet or less.
31.
Transom window: A window, fixed or operable, above a door but within its vertical frame.
32.
Triplex: A building divided into three (3) self-contained residences, each with separate entrances, not part of an apartment community.
33.
Veneer: A protective or ornamental exterior facing, such as brick, which is not the same material all the way through. Veneers shall not have a thickness less than on-inch.
34.
Water table: A projection of lower brick or stone, veneer or full-depth, on the outside of a wall, slightly above the finished grade.
35.
Widow's walk: A railed rooftop platform, often having an inner cupola or turret.
(Res. of 11-20-25(2), § 2)