Except as specifically defined herein, all words used in this Resolution shall be as defined in the most recent edition of The Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the above book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence, Section and Article in which they occur.

For the purpose of this Resolution, certain words or terms used herein shall be defined as follows:

Words used in the singular include the plural and words used in the plural include the singular.

Words used in the present tense include the future tense.

The word "erected" includes the words "constructed," "moved," "located" or "relocated."

The word "lot" includes the word "plot" or "parcel."

The word "map" or "zoning map" means the Zoning Map of City of Peachtree Corners, Georgia, previously established by the Gwinnett County Board of Commissioners.

The word "person" includes the words "individuals," "firms," "partnerships," "corporations," "associations," "governmental bodies" and all other legal entities.

The word "shall" is always mandatory and never discretionary.

The words "used" or occupied include the words "intended, arranged or designed to be used or occupied."

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

Accessory Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Alternative nicotine product. Any material that contains nicotine, but does not contain tobacco leaf, and is intended for human consumption, whether such material is chewed, absorbed, dissolved, or ingested by any other means. Such term shall include, but shall not be limited to, nicotine gel, pouches, or gum or dissolvable nicotine strips, sticks, lozenges, or pellets. Such term shall not include little cigars, cigars, cigarettes, loose or smokeless tobacco, consumable vapor products, or any product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

Animal Hospital. Facility for the treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. This facility may include the boarding of animals in outside runs or kennels.

Animal Quarters. Any structure which surrounds or is used to shelter, care for, house, feed, exercise, train, exhibit, display or show any animals, other than fenced pasture land for grazing.

Apartment-hotel. A structure originally built as a hotel but which has been modified to accommodate apartment units either in addition to, or in lieu of, traditional hotel rooms.

Attic. The unfinished space between the ceiling joists of the top story and the roof rafters.

Basement. That portion of any building for which the finished surface of its floor meets any of the following conditions (see figure 1 below):

A.

More than six feet below grade;

B.

More than six feet below the finished ground level for more than 50 percent of the total building perimeter; or

C.

More than 12 feet below the finished ground level at any point.

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Figure 1

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Billboard. See Oversized Signs.

Boarding or Rooming House. A dwelling in which meals or lodging or both are furnished for compensation to more than two (2), but not more than ten (10), non-transient persons.

Buffer. Land area used to visibly separate one use from another through screening and distance; to shield or block noise, light, glare, or visual or other conditions; to block physical passage to non-similar areas; or to reduce air pollution, dust, dirt, and litter.

Buffer, Construction. A type of buffer which is temporary and remains in effect during the construction of a project.

Building. Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals, or property of any kind.

Buildings, Metal. A structure which has a roof, and which is designed for the shelter, storage, housing or enclosure of persons, animals, or property of any kind and is constructed of exterior metal panels or pieces. This shall not include residential structures intended for occupancy with an exterior finish of aluminum siding where such siding is commonly used for residential structures.

Cannabinoid. Any of various naturally-occurring, biologically active, chemical constituents (such as cannabidiol or cannabinol) of hemp or cannabis including some (such as THC) that possess psychoactive properties.

Cattery. Any place that regularly breeds, boards, trains, buys, sells, or trades any cat.

CBD. A nonintoxicating cannabinoid found in cannabis and hemp.

Cemetery. An area and use of land set apart for the purpose of burial plots for deceased persons or animals and for the erection of customary markers, monuments and/or mausoleums related thereto; and which may be maintained by a church or other place of worship, or a private corporation.

Cemetery, Family. The use of property as a burial ground restricted to the members of the family owning the lot on which the cemetery is located. For the purposes of this definition, "family" shall be defined as family within the fourth (4th) degree of civil reckoning from the property owner.

Child Care Institution. See "Group Home."

City. The City of Peachtree Corners, Georgia municipal boundaries.

Common Area (MUO Overlay & MUD District). Land, amenities, accessory structure(s) and improvements within a development, not individually owned and not dedicated for a public use and integral to the development that encourage pedestrian connectivity to adjacent lots or parcels such as arcades, greenways, sidewalks eight (8) feet or greater in width, public spaces that are clearly intended as gathering spaces (including rooftop recreational amenities and gardens in high-rise buildings) or that act as connectors to adjacent buildings, or such land and amenities, that are otherwise designed and intended for the common use or enjoyment of the residents, tenants and guests of the development. Lands dedicated for public park land and public spaces within rights-of-way which are beyond the minimum required and are clearly intended as gathering spaces with amenities such as benches, fountains, etc., may be counted as common area. Required common area shall not include 100-year floodplain or wetlands acreage, areas devoted to public or private streets, required buffers or any land that has been, or is to be conveyed to a public agency via a purchase agreement for such uses as schools or other public facilities.

Community Shelter. A nonprofit, institutional use comprised of a building, institutional in nature, which provides overnight shelter, sleeping accommodations and services, and not otherwise mandated by the State government, for related or non-related individuals for a period of time not to exceed fifteen (15) hours every twenty-four (24) hours.

Composting Facility, Municipal Solid Waste. An establishment converting municipal solid waste to humus through a controlled process of degrading organic matter by microorganisms.

Composting Facility, Yard Trimmings. An establishment converting yard trimmings to humus through a controlled process of degrading organic matter by microorganisms. This definition does not include composting conducted on a residential lot for home gardening purposes.

Comprehensive Plan. A comprehensive plan, which may consist of several maps, data, and other descriptive matter, for the physical development of the City or any portion thereof, including any amendments, extensions or additions thereto recommended by the City of Peachtree Corners Planning Commission, indicating the general location for major streets, parks or other similar information. The Comprehensive Plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data. The term "Comprehensive Plan" includes component or functional plans for the City, including, but not limited to, a plan for land use or a plan for transportation facilities. City of Peachtree Corners shall adopt the Gwinnett County Comprehensive Plan by reference on June 31, 2012, as a component of the initiation phase for the new municipality and shall maintain the document as an official Comprehensive Plan for the City, until which time the City has adopted their inaugural Comprehensive Plan, at a date to be determined.

Conditional Use. A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this Resolution or required by the governing body.

Conditional Zoning. The granting or adoption of zoning for a property subject to compliance with restrictions as to use, size, project design or timing of development, stipulated by the City Council to mitigate adverse impacts that could be expected without the imposition of such conditions.

Congregate Personal Care Home. A state-licensed Personal Care Home which offers care to sixteen (16) or more adults aged eighteen (18) or older (See Personal Care Home).

Conservation Space. Permanently protected land and water, including agricultural and forestry land, that is in its undeveloped, natural state or that has been developed only to the extent consistent, or is restored to be consistent, with one or more or the following goals:

A.

Water quality protection for rivers, streams and lakes;

B.

Floor protection;

C.

Wetlands protection;

D.

Reduction of erosion through protection of steep slopes, areas with erodible soils and stream banks;

E.

Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;

F.

Scenic protection;

G.

Protection of archaeological and historic resources;

H.

Provision of recreation in the form of boating, hiking, camping, fishing, running, jogging, biking, walking and similar outdoor activities; and

I.

Connection of existing or planned areas contributing to the goals set out in this paragraph.

Consumable hemp product (See also, Hemp). Any hemp product intended to be ingested, absorbed, or inhaled by humans or animals.

Consumable vapor product. Any liquid solution, whether it contains nicotine or not, that is intended to be heated into an aerosol state and inhaled by an individual. Such term shall include, but shall not be limited to, e-liquid, e-juice, vape juice, and cartridges that are prefilled with such a solution. Such term shall not include any alternative nicotine product, cigar, cigarette, loose or smokeless tobacco, perfume, potpourri, essential oil, or product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

Convenience Store. A facility that offers for sale, prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. This facility may be associated with the sale of gasoline products but does not include automotive service stations or vehicle repair shops.

County. The geographic boundaries of Gwinnett County, Georgia.

Customary Home Occupation. An occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products, or services produced on the premises, conducted entirely within the dwelling by members of the immediate family residing in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products.

Data Processing. A building, dedicated space within a building (that constitutes at least 50% of the floor area within a building), or group of structures used to house a large group of computer systems and associated components, such as telecommunications and data processing systems, to be used for the remote storage, processing, or distribution of large amounts of data. Examples of such data include, but are not limited to, computationally-intensive applications such as blockchain technology, cryptocurrency mining, weather modeling, genome sequencing, etc. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support operations. Sometimes referred to as a "Data Center," "Data Processing Facility," "Data Storage Center." "Server Farm," "High Density Load Service," "Cryptocurrency Mine," or similar.

Day Care Facility. A structure or portion of a structure wherein is provided care and supervision of persons away from their place of residence for less than twenty-four (24) hours per day on a regular basis for compensation. For the purposes of this resolution the term "day care" shall include but not be limited to the terms "nursery school," "early learning center," "pre-kindergarten," "private kindergarten," "play school," "pre-school," "Group Day Care Home," and "Family Day Care Home."

Density. The number of families, individuals, dwelling units or housing structures per unit of land. Gross density includes all the land within the boundaries of the particular area excluding nothing. Net density excludes 50 percent of any land identified as a flood hazard area or within any electricity or gas transmission easement or right-of-way.

Director. The Director of the Department of Planning and Development or his/her designee.

Distribution Facility. An office/warehouse establishment where individual tenants engage in the receipt, storage, and distribution of their goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.

Duplex. A dwelling containing two (2) and only two (2) dwelling units.

Dwelling. A building which is designed or used exclusively for residential purposes, including single-family, duplex and multiple family residential buildings, rooming and boarding houses, fraternities, sororities, dormitories, manufactured homes, and industrialized homes but not including hotels and motels.

Dwelling, Attached. See "Townhouse" and "Dwelling, Multifamily."

Dwelling, Multifamily. A dwelling containing three (3) or more dwelling units, including units that are located one over the other. This definition does not include a townhouse.

Dwelling, One-Family. See "Dwelling, Single-Family."

Dwelling, Residential/Business. A type of attached dwelling in which a commercial business or office may be operated in the basement or first (1st) floor/story of the structure. The business need not be operated by the resident of the dwelling.

Dwelling, Single-Family. A dwelling containing one (1) and only one (1) dwelling unit and used as a residence for a single household on an ongoing basis with no short-term rental use.

Dwelling, Two-Family. See "Duplex."

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided with the dwelling unit for the ongoing, exclusive use of a single-family maintained household and not for use as a short-term rental.

Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one (1) habitable room together with kitchen or kitchenette and sanitary facilities.

Environmental Site Assessment (Phase One). A written report that documents the process by which a person or entity determines if a parcel of real property is subject to recognized environmental conditions. The report itemizes and assesses the environmental and historical features to be identified or delineated on an Existing Features Site Analysis Plan. The assessment and report shall be conducted in a methodical manner and in accordance with accepted practice as contained in the American Society for Testing & Materials Standard ASTM 1527.

Exotic Plant. A plant that does not meet the definition of Native Plant.

Family. One or more persons related by blood, marriage, adoption, or guardianship; or not more than three (3) persons not so related who live together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

Family Day Care Home. A customary home occupation which provides for no more than six (6) persons who are not residents of the premises, care and supervision by the State of Georgia registered resident adult for less than twenty-four (24) hours per day on a regular basis for compensation.

Family Personal Care Home. A state-licensed Personal Care Home that provides a home for individuals in a family-type residence, non-institutional in character, which offers care for up to 8 adults, aged 18 years or older (See Personal Care Home). Such facilities shall be served by public water and sewer service, or an on-site sewage management (septic) system approved by the Gwinnett County Environmental Health Department.

Fence. A structural barrier for enclosure, screening or demarcation, presenting a solid face or having openings amongst or between its constituent members; also, a wall separate from or extending from a building.

Fitness Studio. An establishment where equipment or instruction is provided for a specialized activity related to physical well-being such as personal training, dance, martial arts. boxing, yoga, barre and other forms of similar physical exercise. These facilities are typically located in a smaller space due to their focused specialty. Businesses may include incidental (occupying no more than 10% of the floor area) related services such as, tanning beds, massage and stretch therapy, nutritional programs, cafe, juice bars, and retail sales.

Floor Area. The gross heated, finished horizontal area of the several floors of a dwelling unit exclusive of basement, attic, carport, or garage.

Fur Farm. Any place that regularly breeds and raises rabbits, mink, foxes or other fur or hide-bearing animals for the harvesting of their skins.

Gas Recovery/Gas Cogeneration Plant. A facility operating as an accessory use to a landfill which extracts and utilizes landfill gases for the production of energy.

Grade. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point of six (6) feet from the building, whichever is closer to the building.

Group Day Care Home. An occupied dwelling in which the owner-occupant is licensed by the State of Georgia to provide care and supervision for more than six (6), but less than nineteen (19), persons who are not residents of the dwelling. Such care shall be provided for less than twenty-four (24) hours a day on a regular basis for compensation.

Group Home. A state-licensed Child Care Institution (for six [6] or more children) or Child Care Institution for Medically Fragile Children (one [1] through twelve [12] children) either residential or institutional in character that provides full-time group home care for children through 18 years of age outside their own homes.

Group Personal Care Home. A state-licensed Personal Care Home for individuals in a residence or other type building, non-institutional in character, which provides care and supervision for seven (7) through fifteen (15) adults aged eighteen (18) or older (See Personal Care Home).

Hard-Surfaced Area or All-Weather Surface. An area which has been packed and covered with gravel and confined by landscaping timbers, railroad cross-ties, brick or rock wall; or an area which has been paved with concrete, asphalt, or similar approved surface.

Hazardous Waste. Solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological wastes; highly flammable or explosive wastes; toxic wastes; sewage sludges; and other waste material that may be a hazard to the public health, safety or environment, except radioactive waste materials as defined by the State of Georgia.

Health Club/Fitness Center. An establishment, greater than 7,500 sq. ft., where participatory athletic, recreational, or physical fitness facilities are provided. These establishments are designed and equipped for the conduct of sports, exercise, leisure time activities, and/or other customary usual recreational activities and are operated for profit or not-for-profit which can be open only to bona fide members and guests of the organization or open to the public for a fee but specifically excluding adult service facilities, and not otherwise classified as a Fitness Studio.

Height of Building. The vertical distance measured from grade to the highest finished roof surface in the case of flat roofs or to a point at the average height of the highest roof having a pitch. (See figure below.)

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Hemp. The Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level a total delta-9-THC concentration that does not exceed the legal limit.

Hobby Breeder. An individual who owns any horse, purebred dog or pedigreed cat, any of which is registered with a national registry for the breed, who may intentionally breed the animal to preserve and further the respective breed with regard to physical and temperamental soundness and in conformance with official breed standards. Hobby Breeding shall be deemed to be a Customary Home Occupation only when the animals and/or their offspring are sold directly to retail purchasers and are not bred or sold for commercial resale, research or other purposes.

Hookah. A single or multi-stemmed water pipe and/or any associated products, devices, and equipment which are used to produce fumes, smoke, and/or vapors intended to be inhaled or exhaled, from the burning of any organic or synthetic material including, but not limited to plants, herbs, tobacco related objects, alternative nicotine products, vapor products, or shisha.

Hospital. A facility licensed by the state which provides medical care, testing, or treatment primarily on an inpatient basis and which also provides emergency room medical care and services.

Hotel/Motel. A facility offering lodging accommodations to the general public on a nightly basis and which may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

Hotel/Motel, Extended Stay. A facility offering lodging accommodations to the general public on a nightly or long-term basis in which fifty percent or greater of all guest rooms have facilities for both the storage, refrigeration, and preparation of food, and/or which are advertised, designed, or utilized for weekly or monthly occupancy, and which may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

Impervious Surface. Any paved, hardened or structural surface, including, but not limited to, buildings, driveways, walkways, parking areas, patios, decks, streets, swimming pools, dams, tennis courts, and other structures.

Industrialized Home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential purposes. An industrialized home or modular home shall be certified by the manufacturer to meet the approval of the State Building Administration Board (SBAB) to meet the same requirements as an on site-built home within the City of Peachtree Corners.

Invasive Exotic Plant. A plant that is able to proliferate and aggressively alter or displace indigenous biological communities.

Kennel. Any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any dog.

Lakes, Existing and Proposed. An inland body of water fed by springs, creeks and surrounding runoff which has a surface area in excess of two (2) acres of water measured at outflow structure elevation. An existing lake is a body of water, formed by a natural or man-made dam, which is not increased as a result of development by more than 25 percent. A proposed lake is a body of water which is created by a developer or is an existing lake which realizes an increase of 25 percent or more as a result of development. Any body of water which has a surface area of two (2) acres or less measured at outflow structure elevation shall be considered floodplain for the purpose of calculating required open space.

Landfill. A method a disposing of waste on land by placing an earth cover thereon. The term "landfill" shall include Construction and Demolition Debris Landfill, Hazardous Waste Landfill, Industrial Waste Landfill, Inert Waste Landfill, Monofill, Municipal Solid Waste Landfill and Private Industry Landfill. The term "landfill" shall not include approved on-site disposal of inert waste at a building, land disturbing, or development site.

Landfill, Construction and Demolition Waste. A landfill in which construction/demolition waste is disposed. Construction/demolition waste means waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to, asbestos containing waste, wood, bricks, metal, concrete, wallboard, paper, cardboard, inert waste landfill material and other non-putrescible wastes which have a low potential for groundwater contamination.

Landfill, Hazardous Waste. A landfill in which hazardous waste is disposed. Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by U.S. EPA pursuant to the federal act codified as 40 CFR 261.3 or by the Georgia Hazardous Waste Management Act.

Landfill, Industrial Waste. A commercially-operated landfill for the disposal of solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated by the U.S. EPA or the Georgia Hazardous Waste Management Act. Such waste includes, but is not limited to, waste resulting from the following manufacturing processes; electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Landfill, Inert Waste. A landfill accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trash, stumps, limbs and leaves. This definition excludes other types of industrial and demolition waste not specifically listed above.

Landfill, Municipal Solid Waste. A disposal facility where any amount of municipal solid waste, whether or not mixed with or including commercial waste, industrial waste, nonhazardous sludges, or small quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon. Municipal solid waste means any solid waste derived from households, including garbage, trash and sanitary waste in septic tanks and means solid waste from single-family and multi-family residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day-use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agriculture, or silvicultural operations or industrial processes or operations.

Landfill, Private Industry. A landfill which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.

Landscape Strip. Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

Learning Pods. A voluntary association of parents choosing to group their children in kindergarten through grade 12 together at various times, to include traditional before and after school hours, or places to participate in or enhance a remote learning option offered by their primary educational program. Payment for services by parents of children who participate in a learning pod does not alter this definition of a learning pod.

Livestock. The term "livestock" as used herein shall mean and include cattle, horses, goats, sheep, swine and other hoofed animals; poultry, ducks, geese and other live fowl; and mink, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins; whether owned or kept for pleasure, utility or sale. The term livestock shall not include the purebred Vietnamese pot-bellied pig or rabbits.

Lobby. A lobby is a public internal waiting area at or near the entrance of a building. A lobby may include a variety of uses, but is limited to contiguous open area and shall not include separated space for public uses such as restrooms or offices.

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Lot, Stormwater Facility. A lot designed for the principal use of containing a stormwater facility; including extended detention ponds, retention ponds, constructed wetlands, sand filters, infiltration trenches and oil/grit separators.

Lot, Through. A lot having frontage on two (2) streets that are approximately parallel.

Lot Width. The horizontal distance between the side lines of a lot measured at the minimum required front yard (building setback) line.

Lot Width (Cul-de-sac). For a lot having the majority of its frontage on a cul-de-sac, the lot width shall be the horizontal distance between the side lines of the lot, measured at the minimum required front yard (building setback) line or at a line parallel to said setback line, which is no more than twice the minimum front yard setback distance from the street.

Lounge/Club. Buildings and facilities, including event halls, lodges and fraternal organizations, owned or operated by a corporation, association, person or persons for social, service, educational, or recreational purposes of the attendees or the members and their guests.

Manufactured Home. A dwelling which does not meet the standards of an "industrialized home" but is certified by the State of Georgia as meeting the National Manufactured Home Construction and Safety Standards and is transportable in one (1) or more sections, which is at least ten (10) feet wide and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and has plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" includes the term "mobile home."

Manufactured Home Lot. A parcel of land for the exclusive use of the occupants of a single manufactured home.

Manufactured Home Park. A manufactured home park is a parcel of land that has been planned and improved for the placement of manufactured homes for non-transient use.

Massage. The manipulation and/or treatment of soft tissues of the body, including but not limited to the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches, a system of structured touch, pressure, movement, and holding to the soft tissue of the body, and any other soft tissue manipulation whether manual or by use of massage apparatus, and may include the use of water, oils, lotions, creams, lubricants, salt glows or scrubs, hydrotherapy, heliotherapy, hot packs, cold packs or other topical preparations. This term shall not include diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any service or procedure when performed by a person who is licensed by the state to practice chiropractic, physical therapy, podiatry or medicine. This term shall not include touching of the scalp or ears while providing a haircut, or touching of the hands or feet while providing a manicure or pedicure, by a person licensed by the Georgia State Board of Cosmetology and Barbers.

Massage apparatus. Any manual, mechanical, hydraulic, hydrokinetic, electric or electronic device or instrument or any device or instrument operated by manual, mechanical, hydraulic, hydrokinetic or electric power for the purpose of administering a massage.

Massage establishment. A commercial establishment where any person offers or provides massage. This term shall not include hospitals or other professional health care establishments separately licensed as such by the State of Georgia.

Mechanical Contractor's Office. The primary office location of a licensed contractor for mechanical systems including plumbing, electrical, HVAC, and refrigeration systems. The Mechanical Contractor's Office may include the outdoor storage of commercial vehicles subject to the following regulations:

1.

The outdoor storage of commercial vehicles is necessary and incidental to the primary use as a business office location for the mechanical contractor.

2.

All commercial vehicles must be in operating condition and parked in lined spaces.

3.

The outdoor storage area of commercial vehicles shall be subject to the Outdoor Storage screening requirements of the appropriate zoning district or overlay.

Medical Cannabis Dispensary. An existing full-service pharmacy that holds a dispensing license as authorized by O.C.G.A. § 16-12-206(b) for the purpose of selling and distributing medical cannabis products as defined by O.C.G.A. § 16-12-190 or related products as defined in O.C.G.A. § 16-12-200(15). All medical cannabis dispensaries shall adhere to applicable state and local laws, rules, regulations, and ordinances, including, but not limited to, O.C.G.A. §§ 16-12-200 to 16-12-236 and the rules and regulations promulgated by the Georgia Access to Medical Cannabis Commission and the State Board of Pharmacy where appropriate.

Medical Clinic. A facility, including but not limited to urgent care clinics, which provides specialized physical or mental medical care, testing, or treatment on an unscheduled, walk-in, or appointment basis with no overnight stays, by physicians, dentists, optometrists, and other healthcare practitioners licensed by the state.

Medical Office. An office which provides scheduled physical or mental medical care, testing, or treatment, with no overnight stays, by physicians, dentists, optometrists, and other healthcare practitioners licensed by the state.

Mobile Home. See "Manufactured Home."

Mobile Restaurant. A commercial kitchen within a licensed and operable commercial motor vehicle whose method of operation is temporary and transient and involves the preparation and sale of food and/or beverages in a ready-to-consume state for consumption either on or off the premises, but not within the vehicle.

Modified Single-Family Development. A form of development for single-family residential subdivisions that permits a reduction in lot area requirements, provided maximum density does not exceed the limits established in Article XIV-A, Section 1400A.2 and the resultant land area is devoted to open space.

Modular Home. See "Industrialized Home."

Monofill. A method of solid waste disposal that involves the landfilling of one (1) waste type or wastes having very similar characteristics in a segregated trench or area which is physically separated from dissimilar or incompatible waste. Solid waste means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and community activities, but does not include recovered materials; solid dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended.

Native Plant. A plant that occurs naturally in a particular region, state, ecosystem, and habitat without direct or indirect human actions (Federal Native Plant Conservation Committee, 1994).

Non-Conforming Use and Non-Conforming Structure. See Article VIII.

Office Park. A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

Open Space. A parcel or area of land set aside, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space. Creditable open space shall not include any portion of an overhead power line easement, stormwater detention pond, which is not part of an existing or proposed permanent lake or recreation area required by the City of Peachtree Corners Development Regulations.

Out of Store Marketing Device. Any facility or equipment which is located outside of a primary building on a site zoned for nonresidential uses, which is used for the primary purpose of providing a product or service without the owner's or agent's immediate presence, and which is manufactured to include a color, form, graphic, illumination, symbol, and/or writing thereon to communicate information regarding the product or service provided to the public. Examples of out-of-store marketing devices include: bank ATM units, movie and other vending machines, newspaper racks, drink machines, ice boxes, and storage lockers.

Oversized Sign. A ground sign which exceeds 30 feet in sign height and/or 300 square feet of sign surface area.

Parking Lot. A surface parking lot, not including decked parking garages or underground parking structures.

Personal Care Home. A state-licensed facility either residential or institutional in character, that provides housing, food service and personal service(s) for two (2) or more adults aged eighteen (18) or older.

Petroleum Products Recycling Center, Accessory. A facility storing, reclaiming or containing used petroleum products which is accessory to an automotive service establishment, industrial establishment or similar use.

Pet (Household Pet). Any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter; except that livestock and wild animals shall not be deemed pets. Specifically included in the definition of Pet (Household Pet) are rabbits and purebred Vietnamese pot-bellied pigs.

Planning Commission. The City of Peachtree Corners Planning Commission.

Pocket Park or Neighborhood Green. A relatively flat, level and landscaped area, larger than 0.33 acres, and constructed for community gathering or play, or visual enhancement.

Pod. A defined geographic portion of an overall development (designated on a conceptual site plan) indicated for a specific use or group of related uses.

Precious Metals Dealer. Any person, partnership, sole proprietorship, corporation, association, or other entity engaged in the business of purchasing, selling, bartering, or acquiring in trade any precious metals (including, but not limited to, in whole or in part, silver, gold, and platinum) from persons or sources other than manufacturers or licensed dealers for resale in its original form or as changed by melting, reforming, remolding, or for resale as scrap, or in bulk.

Primary Conservation Areas. Areas of Conservation Space are required to be permanently protected and undeveloped with the exception of road crossings and sanitary sewer lines. Wetland and stream bank mitigation projects are permitted. Stormwater drainage systems are allowed except that they shall not be counted toward the minimum required amount of Conservation Space. Because permanently protecting wetlands, riparian areas and floodplains will provide significant long-term benefits ranging from protection of water quality to wildlife habitat to quality of life for individuals resulting from natural spaces available for passive recreation;, these features must be permanently protected. The inclusion of uplands, undeveloped slopes and forested areas in Conservation Space is encouraged.

Principal Use. The primary or predominant purpose for which a lot is occupied and/or used.

Private Deed Restrictions or Covenants. Private deed restrictions or covenants are imposed on land by private land owners. They bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the land owners involved and not by the City or other public agency.

Putrescible Wastes. Wastes that are capable of being decomposed by microorganisms. Examples of putrescible wastes include, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes and garbage.

Recovered Materials Processing Facility, Accessory. Any facility utilized for the purpose of collecting household and commercial materials to be recycled including, but not limited to, plastics, glass, paper, and aluminum materials whenever such use is customarily incidental to a shopping center, church, school, multi-family residential development, waste disposal facility or similar use.

Recovered Materials Processing Facility, Principal. Any facility utilized for the purpose of collecting, sorting, processing, and shipping materials to be recycled including, but not limited to, plastics, glass, paper and aluminum whenever such use is principal to the site.

Residential Shelter. A nonprofit institutional use comprised of a residential building, which provides two or more beds and other facilities or services, including room and food service facilities and not otherwise mandated by State government for related or non-related individuals. Length of stay of the individuals is presumed to be of a temporary nature. A Shelter must meet the provisions of the Rules for Shelters in City of Peachtree Corners.

Residential Treatment Facility. A facility licensed by the state which provides overnight accommodations in conjunction with the treatment of metal health, substance abuse, addiction, or other medical issues.

Restaurant. A commercial establishment where food and drink are prepared and served. Such establishment shall include a full-service kitchen consisting of a three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the county health and fire departments. Such establishment shall regularly serve food every hour it is open and derive at least 50% of gross receipts annually from the sale of prepared meals or food, not including alcoholic beverages.

Road Frontage. The distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by City of Peachtree Corners for vehicular traffic or over which City of Peachtree Corners may hold a prescriptive easement for public access, and including designated and numbered U.S. and State highways, or a publicly approved private street pursuant to Section 505.

Salvage Operation and/or Junk Yard. Property used for outdoor storage, keeping, abandonment, sale or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, tires, batteries, salvage building wrecking and structural steel materials and equipment, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Scrap Tire Processing Plant. A facility which grinds, shreds, chops or otherwise processes scrap tires for secondary use.

Screening. A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.

Secondary Conservation Areas. Areas that are desirable to be included in Conservation Space, but which may or may not be suitable to be permanently protected. Examples are "Pocket Parks," "Neighborhood Greens" and stormwater management facilities that may revert to a relatively natural state.

Sexually Oriented Business. An "adult arcade," an "adult bookstore," an "adult cabaret," an "adult motion picture theater," or a "sexual device shop" as those terms are defined in the Peachtree Corners Sexually Oriented Business Ordinance (City Code Chapter 14, Article XIV).

Short-term Rental. The use of (or contracting for use of) a residential property, or any portion thereof, for a period of less than thirty-one (31) days. The rental of property for less than thirty-one (31) days shall constitute a hotel/motel use.

Sign. See definition as detailed in the City of Peachtree Corners Sign Ordinance.

Solid Waste. Putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations.

Solid Waste Transfer Station. Any facility which collects, consolidates, and ships solid waste to a disposal facility or processing operation.

Spa/Spa establishment. A business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments including, but not limited to, skin, body and/or facial treatments, such as body wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soaks. This term shall not include hospitals or other professional health care establishments separately licensed as such by the State of Georgia.

Special Exception. A "Special Exception" is a use listed in the 2012 Zoning Resolution as permitted, if it meets stated conditions and is approved by the City of Peachtree Corners Zoning Board of Appeals after a Public Hearing.

Special Use. A "Special Use" is a use listed in the 2012 Zoning Resolution as being permitted, if it meets stated conditions and is approved by the City Council

Stacked Townhouse. A one-(1)-family dwelling in a building of at least two (2) attached units in which each unit has access from an entrance located on the front or side of the unit and each unit is separated from any other unit by one (1) or more common fire-resistant walls and/or ceilings. The units may be configured back-to-back, stacked one unit over another, or a hybrid of the two.

Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A residential attic finished as heated living area shall not constitute a story.

Stream, Perennial. A watercourse having a source, terminus, banks and channel through which water flows on a continuous basis as depicted on the most recent United States Geological Survey 7.5-minute quadrangle map (scale 1:24,000).

Street. A thoroughfare that affords the principal means of access to abutting property.

Street, Collector. A street shown as such in the City of Peachtree Corners Geographic Information System Map, which is on file in the office of the City of Peachtree Corners Department of Planning and Development. The primary purpose of a Collector Street is to collect and distribute traffic between the Local Streets and the Major and Minor Arterial Streets and to provide access to adjacent properties.

Street, Local Nonresidential. A surface street intended primarily to provide local access to adjacent, existing, or planned commercial or industrial development and not through traffic.

Street, Local Residential. A surface street intended primarily to provide local access to adjacent residential development and not for through traffic.

Street, Major Arterial. A street shown as such in the City of Peachtree Corners Geographic Information Systems Map, which is on file in the office of the City of Peachtree Corners Department of Planning and Development. The primary purpose of a Major Arterial Street is to carry longer trip length segments and larger volumes of traffic to, from and through the City.

Street, Major Thoroughfare. Any public street, existing or proposed, which is shown in the Gwinnett County Comprehensive Plan as an arterial or major collector.

Street, Minor Arterial. A street shown as such in the City of Peachtree Corners Geographic Information Systems map, which is on file in the office of the City of Peachtree Corners Department of Planning and Development. The primary purpose of a Minor Arterial Street is to carry medium length trip segments and moderate volumes of traffic to, from and through the City.

Street, Principal Arterial. A street shown as such in the City of Peachtree Corners Geographic Information Systems Map, which is on file in the office of the City of Peachtree Corners Department of Planning and Development. The primary purpose of a Principal Arterial Street is to carry very long trip length segments and very large volumes of traffic to, from and through the City.

Structure. Anything constructed or erected on the ground or attached to something on the ground.

Surface Treated Area. An area which has been covered with asphalt or concrete.

Surplus Parking. Parking provided in excess of the maximum allowance for a specific use, and intended to be used on an irregular basis during periods of peak activity.

Townhouse. A one-(1)-family dwelling in a row of at least three (3) attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls. A townhouse shall have at least two (2) stories.

Truck Terminal. An area and building where hauling companies load and unload cargo and freight from multiple origins, and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

Vapor device. Any system or device developed or intended to deliver a consumable vapor product to an individual who inhales from the device. Such term shall include, but not be limited to, an electronic nicotine delivery system, an electronic cigarette, electronic cigar, electronic pipe, vape pen, vape tool, or electronic hookah. Such term shall not include a fragrance or essential oil diffuser, an air freshener, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

Vapor product. Any consumable vapor product or vapor device.

Vape/CBD Shop. A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any alternative nicotine product, vapor product items, and/or hemp product items. A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:

(a)

The establishment regularly offers for sale or rental at least 1,000 of said items; or

(b)

At least 25 percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items; or

(c)

The establishment maintains at least 25 percent of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(d)

The establishment maintains at least 500 square feet of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(e)

The establishment regularly makes said items available for sale or rental and holds itself out, in any medium, as an establishment that caters to customer interest in alternative nicotine products or vapor products.

Veterinary Clinic. Facility for the treatment of domestic animals, operated under the supervision of a licensed veterinarian. The boarding of animals is limited to short-term care incidental to the clinic use and does not take place in outside runs or kennels.

Villa. A one-family dwelling with at least three (3), but no more than four (4), attached units in which each unit has at least two (2) exterior walls and each unit is separated from any other unit by one (1) or more vertical common walls. Villas are exclusively single-story.

Waste Incineration Facility. Any facility which reduces waste volume by burning at a high temperature for a specified period of time. This term excludes air curtain destructors used for the on-site burning of yard trimmings and wood wastes at a building, land disturbing, or development site.

Watershed. A drainage area or basin in which all land and water areas drain or flow toward a downstream collection area such as a stream, river, lake or reservoir.

Wild Animal. Any living member of the animal kingdom, including those born or raised in captivity; but excluding human beings, livestock, dogs and cats, rodents, hybrid animals that are part wild, captive-bred species of common cage birds and aquarium-kept fish, amphibians and reptiles.

Yard. An open space on a lot situated between the principal building or use on the lot and a lot line, and unoccupied by any structure except as otherwise provided herein.

Yard, Front. An open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the street line and the front line of the building projected parallel to the street to the side lines of the lot. Corner lots shall be considered to have two front yards.

Yard, Rear. An open space on the same lot with a principal building or use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building or use projected to the side lines of the lot.

Yard, Side. An open, unoccupied space on the same lot with a principal building or use, located between the building or use and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2016-11-82, § 1, 12-20-2016; Ord. No. 2018-08-131, § 1, 9-25-2018; Ord. No. 2019-01-140, § 1, 2-26-2019; Ord. No. 2019-11-154, § 1, 12-17-2019; Ord. No. 2021-03-193, § 1, 4-27-2021; Ord. No. 2021-04-195, § 1, 5-25-2021; Ord. No. 2021-06-202, § 1, 6-22-2021; Ord. No. 2021-07-206, § 1, 8-24-2021; Ord. No. 2024-03-276, § 1, 5-21-2024; Ord. No. 2024-05-281, § 1, 6-25-2024; Ord. No. 2024-07-288, § 1, 8-27-2024; Ord. No. 2024-07-289, § 1, 8-27-2024; Ord. No. 2024-11-299, § 1, 12-17-2024; Ord. No. 2024-11-300, § 1, 12-17-2024; Ord. No. 2024-11-301, § 1, 12-17-2024; Ord. No. 2024-11-302, § 1, 12-17-2024; Ord. No. 2025-01-309, § 1, 2-25-2025; Ord. No. 2025-03-312, § 1, 4-22-2025; Ord. No. 2025-03-314, § 1, 4-22-2025)