The title is the 2004 Zoning Ordinance of Polk County Georgia

These regulations shall apply to all present and future land development located within the unincorporated area of Polk County, Georgia. The requirements contained herein are declared to be minimum requirements necessary to carry out the purpose of this article [division]. This article [division] shall regulate the height, number of stories, and the size of buildings and other structures; the percentage of lot that may be occupied; the size of yards and other open spaces; the density and distribution of population; the location and use of buildings and other structures: and the use, condition of use or occupancy of land and trade, industry, housing, recreation, transportation, agriculture or for any other purpose; creating districts for said purposes and establishing the boundaries thereof; defining certain terms used herein; providing for the method of administration, enforcement and amendment; creating a Planning Commission and defining the powers and duties thereof; providing penalties and resolutions and for other purposes.

The purpose shall be to protect the aesthetic values of land and property, public health and the following purposes listed below:

A.

To protect existing development in the County.

B.

To prevent flooding of improved property.

C.

To prevent overcrowding of schools and other public facilities.

D.

To achieve such timing, density, and distribution of land development and use as will prevent overloading public infrastructure systems for providing water supply, sewage disposal, drainage, sanitation, police and fire protection, and other public services.

E.

To achieve such density, distribution and design of land development and use as will protect the traffic movement capabilities of streets within the County and prevent traffic hazards.

F.

To encourage such distribution of population, land development and use as will facilitate the efficient and adequate provision of public services and facilities.

G.

To achieve such density, design, and distribution of housing as will protect and enhance residential property values and facilitate the provision of adequate housing for every citizen.

H.

To secure such accessibility, design and density of land development and use as will reduce fire hazards and fire losses.

I.

To promote the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Polk County.

J.

To encourage greater efficiency and economy of land development through natural resource conservation.

K.

To preserve the County's natural beauty and encourage architecturally pleasing development.

L.

To improve the quality of life through protection of the County's total environment including the prevention of air, visual, water and noise pollution.

It is hereby declared to be the intention of the Board of Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this article [division] are severable, and if any phrase, clause, sentence, paragraph, or section of this article [division] be declared unconstitutional or invalid, it shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article [division].

This article [division] shall be effective immediately upon its adoption by the Board of Commissioners.

A.

This is the Zoning Ordinance of Polk County, and all other conflicting ordinances or resolutions are hereby repealed; provided, that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals or use permits issued under previous zoning ordinances or resolutions; however, modification or repeal of these past conditions of approval may be accomplished as provided by this ordinance.

B.

All variances and exceptions heretofore granted by the Planning Commission shall remain in full force and effect and all terms, conditions and obligations imposed by the Planning Commission shall remain in full force and effect and be binding. Prior ordinances shall remain in effect insofar as required for the initiation of any proceedings against violations thereof and for the prosecution of any violations heretofore commenced.

C.

Notwithstanding anything contained herein and notwithstanding any zoning classification change, all previous special stipulations, conditions, restrictions, agreements and terms contained in prior zoning ordinances shall remain in full force and effect and shall not be amended by this document and shall carry forward to any new zoning classification and shall be binding upon said property. Prior ordinances shall remain in effect and shall remain as such special stipulations, conditions, restrictions, agreements and terms, even though the zoning category itself may be changed hereunder.

Nothing in this article [division] shall require any change in the development or proposed use of properties which are legally under construction or for which a development plan or preliminary plat has been approved within 5 years of the effective date of this article [division] and the development of which shall be commenced within one year after the effective date of this article [division]. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

A.

Words used in the singular shall include the plural, and the plural the singular; and words in the present tense shall include the future tense.

B.

The word "shall" is mandatory and not discretionary.

C.

The word "may" is permissive.

D.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

E.

The word "structure" includes the word "building."

F.

Words not defined herein shall be construed as having the meaning given by common and ordinary use.

G.

If a certain use is not included as a permitted use in a zoning district, it shall mean that the use is specifically excluded.

(Res. No. 2025-144, § 1, 3-4-2025)

For the purpose of this article [division], the following definitions shall apply:

Abut. To physically touch or border upon; or to share a common property line.

Accessory building or use. A use or a structure subordinate to the principal use or building on a lot and serving the purpose customarily incidental to the use of the principal building. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.

Agriculture. The production, rearing or storage of crops and/or livestock for sale, lease or personal use, or lands devoted to a soil conservation or forestry management program.

Airport. A place designed for the landing and taking off of aircraft, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

Alley. A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from 1 location to another.

Animal hospitals. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to shortterm care incidental to the hospital use.

Apartment house. A structure containing 3 or more dwelling units.

Apartment unit. One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than 2 dwelling units.

Assisted living facility. A facility licensed by the State of Georgia for the transitional residency of elderly and/or disabled persons, progressing from independent living to congregate housing, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.

Automobile maintenance. The routine replacement and maintenance of nonengine related parts including brake repair, tire replacement, tune-ups, and oil changing. This term shall not include engine or body dismantling.

Automobile repair. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers such as collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning; and undercoating. For vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any goods, article [division]s or merchandise. Such engines, motor vehicles, trailers, or parts thereof may remain in an inoperable condition for a maximum of 30 days.

Automobile sales. The use of any building, land area or other premises for the display and sale of new or used motor vehicles, and including any warranty repair work or other repair service; provided, however, that such definition shall not include the sale by an individual of motor vehicles acquired for such individual's own use and actually so used.

Automobile service station (gas, filling station). A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation or minor services, customarily incidental thereto; facilities for washing and for chassis and gear lubrication of vehicles are permitted if enclosed in a building.

Automobile storage yard and wrecker service. An establishment used for the shortterm storage of damaged or confiscated vehicles.

Automobile wrecking yard. Any place where 2 or more vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operating condition, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any goods, article [division]s or merchandise.

Basement. That portion of a building built partly underground having one-half or more of its floor-to-ceiling height below the average level of the lot grade but not less than 6 1/2 feet.

Bedroom. A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.

Boarding home for sheltered care. A profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons licensed by the State of Georgia which, in addition to providing food and shelter for up to 5 persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry.

Boarding house. A building, or portion thereof, where meals and lodging are provided for compensation for at least 3 persons and not more than 10 persons exclusive of the proprietor, members of the proprietor's family and servants of the establishment.

Buffer area. A strip of land established to protect one type of land use from another with which it is incompatible containing a continuous visual screening of vegetation and fencing.

Building. Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals or property of any kind.

Building coverage. The horizontal area measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building facade. The portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation fronting a public street, excluding alleys and lanes, and which may also be referred to as the building face.

Building permit. Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

Building setback line. A line, usually fixed parallel to the lot line, beyond which a building, or any projection thereof, cannot extend, excluding uncovered steps terraces, stops or similar fixtures.

Bulk storage. The storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.

Business park. A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual office uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Campground. An area or place, approved by the Polk County Board of Commissioners, where shelters (tents, cabins, or travel trailers) are temporarily erected, located, or occupied for recreational purposes (not to exceed 14 consecutive days). Potable water and trash disposal must be provided, as well as sewage disposal as approved by the health department.

Car wash. A building, or portion thereof, where automobiles are washed by mechanical or high pressure water devices.

Cemetery. Property used for the interring of the dead.

Central loudspeaker. A long throw speaker horn, permanently fixed in location to a structure, such as a pole, fence, or building.

Certificate of occupancy (CO). A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

Child care center. A private establishment enrolling 5 or more children and where tuition, fees, or other forms of compensation for the care of the children is charged. The term includes day nurseries and kindergartens.

Church. A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

Clerk of superior court. Shall mean the Clerk of the Superior Court of Polk County, Georgia.

Clinic. A building or part of a building used for medical, dental, chiropractic, surgical or therapeutic treatment of human beings, excluding hospitals or professional offices of a doctor located in their residence.

Club or lodge, private. Buildings or facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but primarily for profit or to render a service which is customarily carried on as a business.

Comprehensive plan. A policy guideline including the Future Land Use Map adopted by the board of Commissioners representing issues, goals, policies, and actions for the growth and development of the County. While adopted by the Board of Commissioners it does not serve as a development ordinance nor does it carry the force of law but rather serves as a guide to continued growth and development County wide.

Conditional use. A use permitted in a particular zoning district only upon showing that such use would not be detrimental to public health, safety or general welfare. Such uses may be required to meet additional standards and may be controlled as to the number, area and spacing from other uses and each other.

Condominium. A building, or group of buildings, in which units are owned individually, and the structure common areas and facilities are owned by all the owners on a proportional, undivided basis.

Condominium, commercial. A building or buildings used for offices, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.

Construction vehicle. Any vehicle (other than passenger vehicle, pick-up or panel truck) whose primary purpose is use in land development and construction including, but not limited to, earth moving equipment and dump trucks.

Convenience stores. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

County. The County.

County planning. The decision-making process in which goals and objectives are established, existing resources and conditions analyzed, strategies developed, and controls enacted to achieve the goals and objectives as they relate to cities and communities.

County standards. Shall mean the County Standards of Polk County, Georgia, which are hereby adopted and which are incorporated herein by reference. The County clerk shall maintain a copy of said County standards on file for inspection by the public.

Covenant. A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.

Cul-de-sac. A minor street with only 1 outlet, sometimes called a "dead end" street.

Curb cut. The opening along the curb line at which point vehicles may enter or leave the roadway.

Dedication. Under subdivision regulations, the transfer of property from private to public ownership.

Density. The number of families, individuals, dwelling units, or housing structures per unit of land. The standard for density shall be the gross density which includes all the land within the boundaries of the area excluding floodplains and wetlands.

Detention facility. A municipal, county, or state jail used for the detention of prisoners; including; penal institutions, penitentiaries, prisons and prison institutions; detention and correctional institutions; rehabilitation institutions and work camps.

Development. The division of an existing parcel of land; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

Display case. A case, cabinet, or other device having a window of glass or other transparent material, or other opening, access to which is made from other than within the structure or building of which it is a part or attached to.

District. A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.

Domesticated animals. Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, rodents, birds and fish but excluding swine, livestock and exotic animals.

Drive-in establishment. An establishment which is designated to provide, either wholly or in part, service to customers while in their automobile parked on the premises.

Drive-in restaurant. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building.

Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

Drugstore. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.

Dwelling, detached. A dwelling which is designed for and occupied by not more than 1 family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, duplex. A building that is divided horizontally into 2 dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than 2 families.

Dwelling, multiple or multifamily. A building designed for and containing 3 or more dwelling units.

Dwelling, quadruplex. Four attached dwellings in 1 structure in which each unit has 2 open space exposures and shares 1 or 2 walls with adjoining unit or units.

Dwelling, single-family. A building designed for and containing 1 dwelling unit occupied by 1 family unit.

Dwelling, single-family attached. A one-family dwelling attached to 2 or more one-family dwellings by common vertical walls. This term includes duplexes and triplexes.

Dwelling, triplex. A building divided into only 3 dwelling units each of which has an independent entrance either directly or through a common vestibule and used by not more than 3 families.

Dwelling unit. Consists of 1 or more rooms which are arranged, designed, or used as living quarters for 1 family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included in each "dwelling unit."

Easement. A grant of 1 or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Erosion. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.

Event venue: A site, place, or location where authorized public or private functions are hosted.

Family. One or more related persons or 4 or less unrelated persons occupying a dwelling and living as a single housekeeping unit provided that all related persons are related by blood, marriage or adoption. All related persons are limited to the spouse, parents, grandparents, grandchildren, stepchildren, sons, daughters, brothers or sisters of the owner or the tenant or of the owner's or the tenant's spouse. Domestic servants employed on premises may be housed on the premises without being counted as a family. The term "family" shall not be construed to mean fraternity, sorority, club, student center, group care homes, foster homes and is to be distinguished from persons occupying a boarding house, rooming house, hotel, or apartment unit as herein defined.

Family day care center. A private residence in which a business, registered by the State of Georgia and licensed by the County, operated by any person who receives compensation for supervising and caring for no fewer than 3 and no more than 8 children under 18 years of age, who are not residents in the same private residence for fewer than 24 hours per day.

Farm winery. A domestic winery located on premises that is licensed as a farm winery by the state, and which makes at least 40% of its annual production from agricultural produce grown in the state where the winery is located and; is located on the premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries. Or fruits to be utilized in the manufacture or production of wine by the winery; or is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce and used in its annual production.

Farm winery tasting room. An outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine produced on premises or from other farm wineries at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Flag lot. A lot or parcels approved by the County with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontages.

Floodplain. That area within the 100 year regional flood contour elevation subject to periodic flooding as designated by the public works director based upon the U.S. Corps of Engineers Flood Plain Information Reports and other federal, state and county hydraulic studies.

Floor area. The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, excluding attached garages, porches, balconies and unfinished basements.

Floor area ratio (FAR). A mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located as: Floor area/Lot area = Floor area ratio.

Fraternity or sorority house. A dwelling maintained exclusively for members affiliated with an academic college or university or other professional recognized institutions of higher learning.

Frontage. The length of any property line of a premises which abuts public right-of-way.

Front yard. That part of a lot, which extends across the full width of a lot, between the front lot line and the nearest wall or supporting member of a principal building or structure.

Full service kitchen. A kitchen designed, intended and equipped to produce meals for sale to the general public as a major function of the business.

Funeral home. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Garage, commercial. A commercial structure or any portion thereof in which 1 or more automobiles are housed, or kept or repaired; not including exhibition or showrooms or storage of cars for sale.

Garage, private residential. A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

Grade. An average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Group home. A dwelling shared by nonrelated individuals who live together as a single housekeeping unit and in a long-term family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addition to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.

Guest House. A lodging unit for guests on a tract of land that is secondary to the primary home on the property.

Halfway house. A temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: 1) to help them recuperate from the effects of drug or alcohol addiction; 2) to help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs; or 3) to help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.

Health department. shall mean the Polk County Health Department.

Health practitioner. A doctor, dentist, chiropractor but not including a veterinarian.

Height. The vertical distance measured from the mean elevation of the proposed finished grade to the highest point of a structure, sign or its supporting structure, whichever is higher.

Heliport. Any area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

High rise residential development. A building or buildings of at least 5 stories containing multifamily dwelling units and developed in accordance with the provisions of this article [division].

Historic district. A district consisting of various zones which have substantial historic, architectural and/or cultural significance.

Hobby. A pursuit outside ones regular occupation engaged in for relaxation and nonprofit making.

Hobby chicken. A chicken which is raised on a residential property for the purpose of providing food or companionship as a pet.

Home for the aged. Any multifamily residential use limited to occupation by persons age 62 or older, with exception of managerial personnel. HUD elderly housing and handicapped housing; provided no health care services are furnished other than communication systems.

Hospital. A building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel. A building in which lodging or board and lodging are provided for transient guests, and offered to the public for compensation and which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.

Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water including streets, roofs, sidewalks, parking lots and other similar structures.

Improvement. Any manmade item which becomes part of, placed upon, or is affixed to, real estate.

Industrial park. A large 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.

Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

Junk vehicles. Any wrecked or nonoperable automobile, truck or other vehicle.

Junkyard. Any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast off, or discarded metal, paper, glass or other materials including junk vehicles which are ready for destruction, or has been collected or stored for salvage or conversion to some use.

Kennel. A kennel shall be defined as a building, structure, or facility, including yard or exercise area, on a lot or tract where more than 12 dogs (excluding litters under 6 months of age) are kept, raised, fed, sheltered, or maintained whether for personal, commercial or other purposes. See Section 708.17 L.2. for kennel requirements.

Limit on Number of Dogs. Up to 6 dogs may be maintained on a lot one acre or less, provided that each animal has not less than 200 square feet of yard space plus 30 square feet of space in a sheltered area. Up to 12 dogs (excluding litters under 6 months of age) may be maintained on lot greater than one acre provided space requirements are met. More than 12 dogs on a lot or tract shall constitute a "kennel" and requirements for such, including obtaining a Special Use Permit, shall be met. See Section 708.17 L.2. for kennel requirements.

Livestock. Poultry, cattle, swine, horses, mink, rabbits, sheep, goats or any other domestic animal used for consumption.

Lot. The basic development unit, an area with fixed boundaries, used or intended to be used by 1 building and its accessory building and not divided by any public highway or alley.

Lot, corner. A lot fronting on 2 streets at their intersection.

Lot, substandard. A lot not meeting the required minimum lot dimensions of the zoning district it is in.

Lot coverage. That amount of land covered or permitted to be covered by a building(s) excluding parking areas, driveways and walkways but including accessory structures measured in terms of a percentage of the total lot area.

Lot depth. The mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot line and midpoint of the rear lot line.

Lot line. A line of record bounding a lot which divides 1 lot from another lot or from a public or private street or any other public space.

Lot of record. A lot which is part of an approved subdivision, a plat of which has been recorded in the office of the Clerk of the Superior Court of Polk County; or a parcel of land, the deed to which has been recorded in the office of the Clerk of the Superior Court of Polk County.

Lot width. The distance between the side lot line measured along the front building line of the lot as determined by the prescribed minimum front setback requirement.

Loudspeaker. A portable or non-portable device which converts electrical signals into sound as a part of a public address or sound system capable of producing or reproducing sound, such as music or a person's voice, from an amplified or combined sound source and is projected out to an audience.

Major side setback. The required minimum horizontal distance between the building line and the property line which abuts any street frontage not considered as the front setback.

Manufactured home. A structure transportable in 1 or more sections and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This unit must bear a HUD certificate.

Materials recovery facility. A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Mini-warehouse. A structure containing separate storage spaces of varying sizes leased or rented on a individual basis.

Minor side setback. The required minimum horizontal distance between the building line and the side property line, provided such property line does not abut any street, public or private.

Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes having been built to state construction codes.

Motel. A building in which lodging or board and lodging is provided for transient guests and offered to the public for compensation with access to each unit directly from the outside.

Nonconforming use, building, lot, parcel of land. A legally existing use or building which fails to comply with any provision of this article [division] either at the effective date of this article [division] or as the result of subsequent amendments.

Nursing home. A home for aged or ill persons licensed by the State of Georgia as such in which persons are provided with food, shelter and medical care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment.

Occupant. The individual or individuals in actual possession of a premises.

Office, general. Any building or part of a building in which 1 or more persons are employed in the management or direction of an agency, business, organization, but excludes such uses as retail sales, manufacture, assembly or storage of goods, or places of assembly and amusement.

Office, professional. Any building or part of a building in which 1 or more persons are employed in the management or direction of an agency, business, organization staffed by professionally qualified persons and their staff. Examples of qualified professions typically are licensed by the State of Georgia and include, but are not limited to, architects, real estate brokers, health service practitioners, accountants, engineers and attorneys.

Official thoroughfare map. The Thoroughfare Map of the County as adopted and amended.

Official zoning map. A legally adopted map that conclusively shows the location and boundaries of zoned districts.

Off-street parking space. A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment.

Outdoor. Not within the confines of an enclosed building that substantially blocks the transmittal of sound.

Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Parking area. Any public or private land area used for parking vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking lot. Any designated area designed for temporary accommodation of motor vehicles in normal operating condition.

Parking space. Any area for the exclusive parking of a single vehicle.

Permanent sign. Any sign attached securely to a building, roof, wall, or canopy or the ground by means of concrete, bolts, metal braces or treated wood or cedar, and continuing in the same state or without essential change to the sign structure.

Permit. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

Permitted use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal care home. A facility licensed by the State of Georgia for the transitional residency of persons incapable of independent living, within which are provided living and sleeping facilities, meal preparation, laundry services, transportation services and routine social and medical appointments and counseling.

Pharmacy. A place where medicines are compounded or dispensed.

Planned development. A tract of land developed based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Planning commission. Shall mean the Planning Commission for Polk County, Georgia.

Plat. A map representing a tract of land, showing the boundaries and location of individual properties and streets.

Plat, final. The final map of all or a portion of a subdivision or site plan which is presented to the planning commission for final approval.

Plat, preliminary. A map indicating the proposed layout of the subdivision or site plan which is submitted to the proper review authority for consideration and approval.

Portable. Able to be easily transported, carried, and arranged by a person of average physical capabilities.

Public works director. The person vested by the County manager with the responsibility of directing the operations of building inspections, fleet transportation, sanitation, street and traffic administration, street department, and traffic services.

Rear yard. That part of a lot, which extends across the full width of a lot, between the rear lot line and the nearest wall or supporting member of a principal building or structure.

Recovered materials. Those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Recovered materials processing facility. A facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.

Recreational vehicles. Boat trailers and any type of portable structure without permanent foundations, which can be towed, hauled or driven and may be designed as temporary living accommodation for recreational, camping, and travel use, and including travel trailers, truck campers on or off the truck, camping trailers and self-propelled motor homes.

Recycling collection point. A primary or accessory use that serves as a neighborhood drop-off point for temporary storage of recoverable resources with no processing of such items taking place.

Residence. A home or dwelling utilized as living quarters.

Residential district. Any zone consisting primarily of residential dwelling units.

Rest home. See Home for the aged.

Retail services. Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

Retail trade. Establishments engaged in selling goods or merchandise to the general public and for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-access. The legal authority to enter or leave a property.

Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

Roominghouse. See Boardinghouse.

School. State, county, church or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high school learning centers.

Setbacks. The required space between a property line and a building or specified structure.

Shopping center. A group of commercial establishments constructed as a singular entity with customer and employee parking provided on-site.

Sidewalk. A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Side yard. That part of a lot extending from the front yard to the rear yard of a lot between a side lot line and the nearest main wall of the principal building or structure on the lot.

Sign. Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement, advertisement, direction or designation of any person, group, organization, place, commodity, product, service, business, profession, enterprise or industry which is located upon any land or any building or upon a window. The flag, emblem or other insignia of a nation, government unit, educational, charitable or religious group shall not be included.

Sign, animated. A sign with action or motion with moving characters or flashing colors which require electrical energy, including wind actuated elements, such as flags or banners. This term does not include time and temperature or revolving signs.

Sign, announcement. A single face nonilluminated professional or announcement sign, not exceeding 2 square feet in area, and attached wholly to a building, window or door. Where such sign only includes emergency information, business hours, credit cards honored and other accessory information it shall be known as an "incidental use" sign not requiring a permit.

Sign area. The entire face of a sign, its supporting structure and all wall work including illuminated tubing incidental to its decoration. In the case of an open sign made up of individual letters, figures, or designs attached directly to the building or standard the space between such letters, figures or designs shall be included as part of the sign area. When a sign has parallel sides or where the interior angle formed by the faces is less than 45°, the sign shall be considered double-faced. The calculation for a double-faced sign shall be the area of 1 face only. The copy area of all "V" or "L" shaped signs with an internal angle of greater than 45° shall be considered as a single face. If the faces of a double-face sign are of unequal area, the area of the sign shall be taken as the area of the larger face.

Sign, building identification. A wall sign used to identify or indicate the name of a building.

Sign, canopy. A sign imposed upon or painted on any roof-like structure either permanently or temporarily extended over a sidewalk or walkway, which can be mounted flush or suspended.

Sign, changeable copy. A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.

Sign clearance. The vertical distance from the established finished grade of the sidewalk or ground to the lower edge of a sign.

Sign, construction. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

Sign, detached. A permanent sign affixed to the ground which is wholly independent of any building for support. This term includes portable display signs.

Sign, directory. A sign containing information relative to the location, distance to, entrance to, and exit from structures, or convenient for visitors coming on the property, including signs marking entrances and exists, parking areas, circulation direction, rest rooms, and pick up and delivery areas, or land use activities.

Sign, event. A temporary sign advertising private sales of personal property such as "house sales," "garage sales," "rummage sales" and the like or private not-for-profit events such as picnics, carnivals, game nights, art and craft shows and Christmas tree sales.

Sign, flashing. A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects.

Sign, general advertising. A detached sign which has a sign area greater than 250 square feet.

Sign, illuminated. A sign illuminated directly or indirectly by gas, electricity or other artificial light including reflective or fluorescent light.

Sign, marquee. A projection sign attached to a roofed structure of a building which may project over public or private sidewalk or rights-of-way.

Sign, monument. A free standing, detached sign in which the width of the support structure (base) is no less than 1/4 the overall height of the sign. The base shall not count toward the area of the sign.

Sign, on-premises. Any sign the content of which relates to the premises on which it is located, referring to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease, or construction of those premises, or conveying any other message regardless of whether said message relates to the premises where the sign is located.

Sign, personal expression. A detached sign located on private property containing noncommercial messages of the property owner. Obscene messages are prohibited.

Sign, political. Any sign used in connection with political campaigns or civic noncommercial health, safety and welfare campaigns.

Sign, portable display. A mobile/temporary, electrical or nonelectrical changeable copy sign that is mounted on a trailer type frame with or without wheels or skids or portable wood or metal frame and not permanently attached to the ground.

Sign, projection. A sign which is attached to the building wall and which extends more than 18 inches from the face of such wall.

Sign, real estate. A temporary sign advertising the sale, or lease of the property on which it is located.

Sign, real estate directional. A sign which conveys directions to a specific property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium, home for sale, apartment for rent, or any other property for sale or lease.

Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

Sign, temporary. A display, informational sign, banner, or other advertisement device with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display, including real estate signs, accessory temporary window or display case signs, and decorative displays for holidays, or public demonstrations. This definition does not include portable display signs.

Sign, vehicular. Any sign on an operable vehicle or any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site for erection.

Sign, wall. Any sign attached to or erected against a wall which is an integral part of the building, and projects no more than 18 inches from the wall of the building. Such a sign may be constructed without constituting an encroachment into a required side or front yard setback line. A single face sign which is in any manner attached or fixed flat to an exterior wall of a building or structure. Individual letters in addition to the "box type" (i.e., letters and symbols on an attached backing) sign may also be installed.

Sign, window. A sign affixed to or displayed within 1 foot of a window in any manner so as to be visible from a public right-of-way.

Site-built home: A residential structure with a permanent foundation that is built completely on-site.

Site plan. The development plan for 1 or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Solid waste handling facility. Any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.

Speaker. Any electric powered device designed for the amplification of sound.

Special Land Use Permit. A granted use, by the Board of Commissioners, that is not typically allowed in a particular zoning district for a parcel of land or structure. A Special Land Use Permit shall remain in effect for: a) a specified period of time or b) as long as the use remains the same.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those finished basements used for the principal use with a floor area greater than 50% of the story above.

Street. A way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley, or other way.

Street, alley. A service way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property; not intended for general traffic circulation.

Street, arterial. A street shown as an arterial street on the current official thoroughfare map.

Street, collector. A street shown as a collector street on the current official thoroughfare map.

Street, local. A street shown on the current official thoroughfare map as a local street.

Street, private. Any right-of-way or area set aside to provide vehicular access within a development which has not been dedicated to, nor accepted by the County, and which is not maintained by the County.

Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.

Subdivider. A person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance or proceedings to subdivide such land under this article [division], or the authorized agent of such person, firm or corporation for the purpose of proceeding under these regulations.

Subdivision. All divisions of a tract or parcel of for the purpose (whether immediate or future) of sale, lease, legacy or building development; it includes all divisions of land involving a new street to which the public has access (whether private or public) or change in an existing street, and includes re-subdivision, and where appropriate to the context, related to the process of subdividing or to the land or area subdivided.

Swale. A depression in the ground which channels runoff.

Tavern. An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

Tract. An area, parcel, piece of land, or property which is the subject of a development application.

Trailer. Any vehicle or structure constructed so as to permit occupancy thereof as sleeping or living quarters, or the conduct of any business, trade or occupation, or use as selling or advertising device, or use of storage or conveyance for chattel, tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets propelled or drawn by its own or other motive power. This term shall include, but not be limited to: automobiles, motorcycles, boat utility trailers, trailer coaches and manufactured homes.

Trailer, camping. Shall mean any portable structure or vehicle designed for highway travel at legal speed limits without special permit which is intended for temporary living.

Travel trailer park. An area or place, approved by the Polk County Board of Commissioners, where temporary parking spaces are provided for travel trailers (motorized and non-motorized) for recreational purposes (not to exceed 14 consecutive days). Potable water and trash disposal must be provided, as well as sewage disposal as approved by the health department.

Townhouses. Attached houses in a row or group, each house separated from adjoining houses in the same row or group by fire walls and having fee simple title.

Variance. A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship as distinguished from a mere inconvenience or a desire to make more money.

Waste transfer station. A facility used for the temporary storage and collection of waste materials.

Yard. An open space on the same lot with a building or building group lying to the front, rear, or side of a building extending to the nearest lot line.

Zero lot line. The location of a building on a lot in such a manner that 1 or more of the building's sides rest directly on a lot line.

Zone. A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

Zoning ordinance. The Zoning Ordinance of Polk County, Georgia as adopted and amended.

(Ord. of 8-6-2008; Ord. of 6-2-2009(3); Ord. of 1-10-2012(3); Res. No. 2019-16, § 1, 8-6-2019; Res. No. 2023-82, § 1, 3-7-2023; Res. No. 2023-97, § 1, 9-5-2023)