- DEFINITIONS
Except as specifically described herein, all words shall have the customary dictionary meaning. Words used in the present tense include the future tense, and words used in the future tense include the present. Words used in singular number include the plural and words used in the plural include the singular. The word "person" includes a " firm", "corporation", "association", "organization", "trust", or "partnership". The word "lot" includes "plot" or "parcel". The word "building" includes "structure".
The word "shall" is mandatory and not discretionary; the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed to be used or occupied". The word "map" means the "Official Zoning Map of Pulaski County".
Access: A way or means of approach to provide physical entrance to a property.
Acts of God: A manifestation especially of a violent or destructive natural force, such as a lightning strike, earthquake, hurricane, fire, or flood that is beyond human power to cause, prevent, or control.
Adult Entertainment: Adult entertainment is defined as entertainment that is characterized by an emphasis on the depiction, display or the feature of "specified anatomical areas" or "specified sexual activity".
Adult Entertainment Businesses: A nightclub or other establishment that features adult entertainment. Any commercial establishment which has as its primary purpose or business which engages in services such as massage parlors, wrestling parlors or like activity including a night club, cabaret, lounge or other establishment which features adult entertainment.
Agriculture or Agricultural, General: The bona fide use of a parcel of land of ten (10) acres or more for the cultivation of land, raising of poultry and/or livestock, or for similar agrarian activity (fields, lots, pastures, orchards, non-intensive livestock production, agricultural conservation lands, commercial timber or pulpwood harvesting, horticultural businesses, etc.) for gain or profit, and the related buildings, structures, and appurtenances associated with or necessary to carry out the aforementioned activities.
Agriculture or Agricultural, Intensive: The bona fide use of a parcel of land of ten (10) acres or more for the use of confined animal operations such as large-scale poultry and swine production facilities and feedlots.
Airfield: Any area of land or water with airspace certified by the Federal Aviation Administration and utilized for the landing or taking off of aircraft.
Alcoholic Beverage: A liquor or brew containing alcohol as the active agent.
Alteration: Any change, addition, or modification in construction or type of occupancy; any change in the structural members of the building, such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed".
Animal Husbandry: The commercial care or breeding (excluding grazing) of domestic animals such as cattle, sheep, swine, reptile, and foul.
Apartment: A room or rooms used as a dwelling for one (1) family in a building containing at least one (1) other unit used for the same purpose and has at least cooking facilities, bathroom, and a place to sleep.
Apartment Building: A residential structure containing three (3) or more apartments.
Applicant: A property owner or their authorized representative who has petitioned Pulaski County for approval of a variance, conditional use, development permit, building permit, interpretation or appeal, or any other authorization for the use or development of their property under the requirements of this Ordinance.
Application: A petition for approval of a variance, conditional use, development permit, building permit, interpretation or appeal, or any other authorization for the use or development of a property under the requirements of this Ordinance.
Automobile Repair Garage: A building or portion thereof, other than a private or parking garage, designed or used for the storage, servicing, repairing, equipping, or hiring of motor-driven vehicles.
Automobile Service Station: Any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories, and incidental services including facilities for lubricating, automobile washing, and cleaning, or otherwise servicing automobiles, but excluding painting and major repairs.
Automobile Wrecking Yard, Used Parts, or Graveyard: Means anywhere three (3) or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition for automobile parts.
Basement: That portion of a building having its floor subgrade (below ground level) on all sides.
Bed and Breakfast (B&B): Overnight accommodations in dwelling unit and a morning meal provided to transients for compensation. Bed and Breakfast accommodations differ from boarding houses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility. The impact of a B&B should not be much greater than that of a private home with frequent houseguests, with the exception of parking demand.
Berm: A mound of earth, or the act of pushing earth into a mound.
Billboard: A structural poster or painted sign, usually found along or near roadways and of such size as to catch the attention of the motoring public, which may be either free standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject unrelated to the premises on which it is located.
Block: An area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well-defined and fixed boundaries.
Boarding House: A residence, or part thereof, where meals and/or lodging are provided for compensation to three (3) or more, but not exceeding twenty (20), persons by prearrangement for definite periods. A boarding house is to be distinguished from a hotel, motel, or nursing home.
Buffer: An area of natural vegetation or manmade construction that is intended to provide a visual and dimensional separation between dissimilar land uses.
Buffer, Natural: A visual screen created by vegetation of such density so as to present an opaque visual separation when viewed from one side to the other throughout the year.
Buffer, Structural: A visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one side to the other throughout the year.
Buildable Area of Lot: That portion of a lot bounded by, and interior to, the required rear, side, and front building setback lines.
Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built or used as a shelter or enclosure for persons, animals, or property of any kind including tents or awnings used for purposes of a building.
Building, Accessory: A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bath houses (as used in conjunction with swimming pools), and similar uses.
Building Code: The technical codes adopted or adopted as amended by Pulaski County.
Building Height: The vertical distance of a building measured from the average elevation of the finished grade to the highest point on the roof surface.
Building Inspector: Means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections of building structures; the building inspector may be the person appointed to serve as enforcement officer as defined in this Ordinance.
Building Line: A line beyond which the foundation wall and any roofed porch, vestibule, or other such portion of a building shall not project.
Building Permit: A written permit that allows construction issued by the Code Enforcement Officer for Pulaski County, Georgia.
Building, Principal: A building in which the primary use of the lot on which the building is located is conducted.
Care Home: A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or non-profit basis to provide lodging and meals and domiciliary care for the aged, infirm, chronically ill or convalescent persons. The term "care home" shall include the term "extended care facility" as defined by Georgia Law. Such facility shall be licensed pursuant to O.C.G.A. § 31-7-12 as appropriate.
Center Line: That line connecting the succession of midpoints between the identifiable limits of any improvements on the ground or of any easement.
Certificate of Occupancy: Means a document issued by the building inspector certifying that a dwelling unit, commercial facility or any structure intended for human occupancy is in compliance with applicable requirements set forth by the governing authority, and indicating it to be in a condition suitable for occupancy.
Clerk of the Superior Court: The Clerk of the Superior Court of Pulaski County, Georgia.
Clinic: A professional office where the services of more than one (1) practitioner can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided.
Club: An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, or the like, but not for profit.
Community Sewer System: A privately owned sewer system meeting the minimum standards set by the Environmental Protection Division of the Georgia Department of Natural Resources.
Community Water Systems: A privately owned water system meeting the minimum standards set by the Environmental Protection Division of the Georgia Department of Natural Resources.
Condominium: Individual ownership of units in a multi-unit structure or structures, combined with a joint ownership of common areas and/or facilities of the buildings and grounds.
Construction and Demolition (C&D) Landfill: Any disposal facility where non-hazardous construction and demolition debris may be disposed of.
Construction, Existing: Any structure for which the start of construction commenced before the effective date of this Ordinance.
Construction, New: Any structure for which the start of construction commenced after the effective date of this Ordinance.
Construction, Start of: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-3-18), includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, or improvement was within one hundred eighty days (180) of the permit date. The actual start of construction means the first placement of permanent construction of a building, including a manufactured home, on site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; the excavation for a basement, footings, piers or foundations, or the erection of temporary forms; or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.
Contractor: The developer or subdivider or his authorized representative, whether doing work on a contract basis or working directly for the developer or subdivider.
County Commissioner: The Sole Pulaski County Commissioner.
County Health Officer: The Pulaski County Health Department officer responsible for approval of on-site sewage disposal systems.
Curb Break or Curb Cut: Any interruption or break in the line of a street curb for the purpose of connecting a driveway and a street, or otherwise to provide vehicular access to an abutting property.
Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation, the depth below original ground surface to excavated surface, also known as excavation.
Day, Calendar: One of the numbered twenty-four (24)-hour periods into which a week, month, or year is divided.
Day Care Facility: An individually or jointly owned facility designated to offer care and/or training to children unrelated to the owner or director for any part of the day on a regular basis. Such facility may or may not be operated for profit. Day care is not a baby-sitting service to be used for the convenience of the parents at irregular intervals (drop-ins).
A.
Group Center (day nursery, day care center): A facility for six (6) or more children, regardless of age, whose primary purpose is the care of the child for part of a day, while his or her parents are absent from home.
B.
Nursery School: A school for two, three, and four year old children which operates for periods not to exceed four (4) hours a day and whose primary purpose is education and guidance for healthy emotional and social development of children.
C.
Kindergarten: A school for four or five year old children which operates for periods not to exceed four (4) hours a day and whose primary purpose is education and guidance for healthy emotional and social development.
D.
Family Day Care: A service in a private home, offering care in a family setting to a maximum of five (5) children, including the foster family's own children during part of the day while the natural parents are absent from their home.
E.
Adult Day Care: Personal care and supervision in a protective setting for adults outside their own home for less than twenty-four (24) hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli or a combination of these. Adult day care is available for those persons who do not require twenty-four (24) hour per day institutional care, but who, because of physical and/or mental disability, are not capable of full time independent living.
Day, Business: The calendar days of Monday through Friday, except for those days on which a State or Federal Holiday occurs.
Developer: Any person who undertakes the subdivision of land as defined in this Ordinance.
Development: Any manmade change on improved or unimproved real estate including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, or permanent storage of materials or equipment.
Development Permit: The authorization necessary to initiate and conduct a land-disturbing activity and to carry out the planned development of land and structures.
Development/Construction Plans: A set of plans, details, and technical specifications for the construction of site improvements to a commercial, office, industrial, or multi-family lot that includes, but is not limited to, building footprints, drives, parking, drainage systems, utilities, buffers, landscaping, parking lot lighting, embankments, signage, soil erosion control devices and measures, and all other improvements required for the subdivision of land.
District: Any section of the unincorporated area of Pulaski County within which the land use regulations are uniform.
Display Surface Area: The net geometric area measured by the smallest possible adjoining square or rectangles enclosing the display surface of the sign, including the outer extremities of all letters, characters, and delineations; provided, however, display surface area shall not include the structural supports for free standing signs; provided further, that only one (1) face of a double-faced sign shall be considered in determining the display surface area.
DOT: Georgia Department of Transportation.
Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.
Driveway: A travel way improved for vehicular access to a property for the primary purpose of providing access between a street and automobile parking facilities or truck-loading areas on the property, or for providing a connection between distinct parking and loading areas on the property.
Duplex: A structure containing two (2) dwelling units, each of which has direct access to the outside.
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one (1) or more families.
Dwelling, Multi-Family: A residential building exclusively designed for or occupied by three (3) or more families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the standards for single-family and two (2)-family dwellings contained in this Ordinance.
Dwelling, Single-Family: A residential building, whether site-built or a manufactured home or an industrialized building, designed for or occupied exclusively by one (1) family and meeting or exceeding the standards for single-family and two (2)-family dwellings contained in this Ordinance.
Dwelling, Two-Family: A residential building designed for or occupied exclusively by two (2) families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the standards for single-family and multi-family dwellings contained in this Ordinance.
Dwelling Unit: One (1) or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a regular basis involving owner occupancy or rental or lease on a weekly, monthly, or longer basis, with provisions for cooking, eating, and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.
Easement: A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.
Enforcement Officer: The official or his/her designate as appointed by the Sole Commissioner and charged with the administration and enforcement of this Ordinance.
EPD: The Environmental Protection Division of the Department of Natural Resources.
Erosion: The process that wears land surface away by the action of wind, water, ice, or gravity.
Erosion and Sedimentation Control Plan: A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity.
Erosion and Sedimentation Control Practices, Structural: Measures for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, and land grading, etc. Such measures can be found in the publication, Manual for Erosion and Sediment Control in Georgia.
Erosion and Sedimentation Control Practices, Vegetative: Practices for the stabilization of erodible or sediment-producing areas by covering with:
1.
Permanent seeding, sprigging, or planting, producing long-term vegetative cover; or
2.
Temporary seeding, producing short-term vegetative cover; or
3.
Sodding, covering areas with turn of perennial sod-forming grass.
Such practices can be found in the publication, Manual for Erosion and Sediment Control in Georgia.
FAA: The Federal Aviation Administration; an agency in the Department of Transportation that is responsible for the safety of civilian aviation.
Family: An individual or two (2) or more persons living together as a household.
Farm: A parcel of land that is used for growing crops, raising livestock, or other agricultural purposes within agricultural districts.
Farm Stand: A booth or stall located on a farm from which produce and farm products are sold to the general public.
Feed Lot: A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas that are used for raising crops or other vegetation or upon which livestock are allowed to graze.
FCC: The Federal Communications Commission; an independent government agency that regulates interstate and international communications by radio and television and wire and cable and satellite.
Fence: An artificially constructed barrier of wood, wire, wire mesh, or decorative metal erected to enclose, screen, or separate portions of a lot.
Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.
Final Plat: A complete and exact subdivision plat prepared for official recording.
Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.
Flea Market: An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts, or any combination of new or used goods. These markets, sales, and displays are those that occur continuously or frequently, and specifically more than two (2) times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial staff, or designated area from which the vendor markets his/her goods.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood Plain: A nearly level alluvial plain that borders a stream and is subject to flooding unless protected artificially.
Floor: The top surface of an enclosed area in a building including basement, i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
GAEPD: The Environmental Protection Division of the State of Georgia Department of Natural Resources.
Garage Apartment: A dwelling unit for one (1) family erected above a private garage detached from the main dwelling.
Garage, Private: An accessory building or a portion of a main building used for the parking or storage of automobiles of the occupants of the main building. A carport is considered a private garage.
Garage, Repair: Building(s) and premises designed or used for the purpose of service or commercial repair of motor vehicles, provided that (1) all body work and painting shall be conducted within fully enclosed buildings, (2) the storage of junk, wrecked vehicles, dismantles parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business, and (3) the storage of junk, wrecked vehicles, dismantled parts or supplies not be visible from beyond the premises.
Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling, and shaping, or any condition thereof, and shall include the land in its cut or filled condition.
Ground Elevation: The original elevation of the ground surface prior to cutting or filling.
Guarantee of Condition Bond: Means a surety bond to guarantee that the affidavit and photographs required by paragraphs (1) and (2) of subsection (a) of Section 3 of this Ordinance reasonably portray or represents the existing condition of the pre-owned manufactured home proposed for relocation.
Hardship Variance: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the applicable development regulations.
Health Department: The Pulaski County Health Department.
Home Business: An occupation for gain or support conducted only by members of a family residing on the premises and entirely within the main dwelling with a portion of the activities including on-premise retail sales.
Home, Manufactured: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet in floor area, 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; and which complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. "Manufactured home" includes such structures commonly referred to as "mobile home," and "house trailer;" the term does not include campers, travel trailers, motor homes, or modular homes.
Home, Manufactured, Pre-Owned: Any manufactured home that has been previously used as a residential dwelling and has been titled.
Home, Modular: Finished housing sections, built in a factory, which are transported to the building site and joined together on a permanent foundation. This may include whole sections, such as bedrooms and living areas, chosen by the buyer and assembled such that they result in a floor plan that resembles a traditional home. Subject to state or local codes, not HUD Code.
Home Occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
Home, Stick-Built or Site-Built: Industry term for a "traditional" home assembled piece-by-piece at the building site from rough boards and other materials delivered in bulk.
Hotel: A building in which lodging or board and lodging are offered to the public for compensation and in which ingress and egress to and from each sleeping room is generally made through the interior of the building.
HUD Code: The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) that went into effect June 15, 1976 and sets the standards for manufactured homes. The standards regulate design and construction, strength and durability, transportability, fire resistance, energy efficiency, and quality. On-site additions such as garages, decks, and porches are built to local, state, or regional building codes.
Improvements: Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
Improvements, Public: The construction, enlargement, extension, or other construction of a facility intended for dedication to the public, including but not limited to, a street, curb and gutter, sidewalk, cross drain, catch basin, traffic control and street name sign, or other roadway appurtenance other than a driveway apron connection; domestic water supply system main, fire hydrant, valve or other appurtenance other than a supply line to a building; or sanitary sewerage main or outfall, lift station, force main, manhole or other appurtenance other than a drain line from a building.
Improvements, Substantial: Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the building. The market value of the building should be:
1.
The appraised value of the building prior to the start of the initial repair or improvement; or
2.
In the case of damage, the value of the building prior to the damage occurring.
For the purposes of this definition, the term "substantial improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.
Inert Landfill: Any disposal facility where solid waste consisting of earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, and land clearing debris such as stumps, limbs, and leaves may be disposed of.
Intersection: The place where two (2) streets cross, or the point at which the centerline of a street intersects the centerline of another street or railway.
Junkyard: Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two (2) or more unregistered motor vehicles that are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor vehicles. Such terms shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to burn materials that are parts of a motor vehicle or cut up the parts thereof.
Kennel, Commercial: Any place in or at which more than four (4) adult dogs, cats, rabbits, or other domesticated animals are kept for the purpose of sale, boarding, care, breeding, or training, and for which any fee is charged for such services. This term does not apply to similar facilities operated for agrarian or agricultural practices.
Land Disturbance Permit: Authorization from the local or state regulatory agency to perform construction activities or land-disturbance activities in conformance with an approved soil erosion and sediment control plan and/or minimum standards as provided by law.
Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in this Section.
Land-Lease Community: A residential development where individual homeowners own the residence, but lease the home site from the developer or owner.
Land Use Plan, Comprehensive: The various maps, plats, charts, descriptions, explanatory material, and all textural matter approved by the Pulaski County Sole Commissioner for the purpose of guiding and shaping the growth of the unincorporated area of Pulaski County.
Land Use Plan, Future: A plan that designates the future use or reuse of the land within a given jurisdiction's planning area, and the policies and reasoning used at arriving at the decisions in the plan. The land-use plan serves as a guide to official decisions regarding the distribution and intensity of private development, as well as public decisions on the location of future public facilities and open spaces. It also serves as a basic guide for any zoning and subdivision controls, urban renewal, and capital improvement programs.
Landscape Architect: A registered, practicing landscape architect licensed by the State of Georgia.
Local Government: The governing authority of Pulaski County or any other political subdivision mentioned in this Ordinance.
Lot: A parcel occupied or to be occupied by one (1) or more main buildings and its accessory buildings and has frontage along or legal access to a public right-of-way.
Lot Area: The total horizontal area included within lot lines.
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection.
Lot, Double Frontage: A lot other than a corner lot that has frontage upon two (2) or more streets that do not intersect at a point abutting the property.
Lot, Flag: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow, private, right-of-way.
Lot, Frontage: That portion of a lot extending along a street right-of-way line.
Lot, Interior: A lot having bounding on only one (1) street.
Lot Lines: The boundary dividing a given lot from the street, an alley, or adjacent lots.
Lot Lines, Front: In the case of an interior lot, a line separating the lot from a street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street.
Lot Lines, Rear: (1) The lot line that is opposite and most distant from the front lot line; (2) The rear lot line of an irregular, triangular, or gore lot shall, for the purpose of this Ordinance, be a line entirely within the lot at least ten feet (10') long and parallel to and most distant from the front lot line.
Lot Lines, Side: (1) Any lot line not a front lot line or a rear lot line; (2) A side lot separating a lot from a street is a street lot line; (3) A side lot line separating a lot from another lot is an interior side lot line.
Lot of Record: A lot which is part of a subdivision approved in accordance with land subdivision requirements, a plat of which has been lawfully recorded in the records of the Clerk of the Pulaski County Superior Court; or a parcel of land, the deed of which was lawfully recorded in the same office prior to the adoption date of this Ordinance.
Lot, Reverse Frontage: A double frontage lot that abuts two (2) public streets but is not allowed to have vehicular access to one (1) of them.
Lot Width: The distance between side lot lines measured at the front line of the building located or intended to be located on the lot.
Motel: A building or group of buildings in which lodging is provided to transient guests, offered to the public for compensation, and in which access to and from each room or unit is through an exterior door.
Municipal Solid Waste Landfill: 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.
Nursery, Commercial: An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance.
Official Land Use Maps: Official maps of Pulaski County that shows the location of streets, public building sites and public open spaces therefore existing and established by law as public streets, public building sites or public open spaces. This may include mapped boundary lines of future streets, public building sites, public park playgrounds or other public open space areas or of existing sites or areas that are to be expanded.
Opaque: Impenetrable to view, or so obscuring to view that features, buildings, structures, and uses become visually indistinguishable.
Open Space: A parcel or parcels of land or an area of water or a combination of both land and water within the site designated for development and designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas. Open space shall be substantially free of structures, but may contain such improvements as are in the plans as finally approved and are appropriate for the benefit of residents of the development.
Outdoor Advertising Sign: A structural poster or painted sign other than a billboard sign.
Owner: Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
Parcel: A general term including all plots of land shown with separate identification on the Official Tax Appraisal Maps for Pulaski County. Parcels may or may not be lots, depending upon whether or not such parcels are created as herein provided.
Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State, any interstate body, or any other legal entity.
Planning Board: This term shall refer to the Pulaski County Planning and Zoning Board whose members are appointed by the Sole County Commissioner of Pulaski County.
Plat, Final: The plat submitted to the Enforcement Officer for final approval and, subsequently, to be recorded with the Clerk of Superior Court of Pulaski County.
Plat, Preliminary: A tentative subdivision plat, indicating the approximate proposed layout of subdivision as a basis for consideration by the Enforcement Officer before preparation of the final plat and construction drawings and specifications.
Prime Agricultural Land: Land in Pulaski County which is best suited for producing food, feed, forage, fiber, and oil seed crops and also available for these uses. It has the soil quality, growing season, and moisture supply needed to produce sustained good yield of crops economically if treated and managed, including water management, according to modern farming methods.
Produce Stand/Curb Market: A permanent or semi-permanent building stand not exceeding two hundred square feet (200 sq. ft.) of floor area intended to provide a place to sell at retail only perishable farm and garden vegetables and orchard or grove fruits.
Professional Engineer: An engineer duly registered or otherwise authorized by the State of Georgia to practice in the field of civil engineering.
Project: The entire proposed development project regardless of the size of the area of land to be disturbed.
Protective Covenants: Contracts made between private parties as to the manner in which land may be used, with the view toward protecting and preserving the physical and economic integrity of any given area.
Publicly Dedicated: Land or improvements that has or have been transferred by plat or deeded to and accepted by Pulaski County or the City of Hawkinsville for public use and maintenance.
Public Utilities: A service or services provided by a public utility company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.
Pulaski County Future Land Use Plan: The land use plan created by the citizens of Pulaski County and adopted by the Sole County Commissioner.
Registered Land Surveyor: A surveyor duly registered or otherwise authorized by the State of Georgia to practice in the field of land surveying.
Reserve Strip: A strip or tract of land reserved for the purposes of controlling or limiting access from properties to abutting streets.
Right-of-Way: Access over or across particularly described property for a specific purpose or purposes.
Screening: Also referred to in the text as "protective screening", a visual and acoustical barrier, which, through the use of buffers, natural topography, landscaping, fences, walls, berms, or approved combination thereof, is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet (6') that screens structures and activities on the lot from view from the normal level of first story window on an abutting lot.
Security Bond: A type of subdivision improvement guarantee in the form of a bond, secured by the subdivider from a bonding company, in an amount specified by the Sole Commissioner to cover costs of required improvements and payable to the County. The County may call in the security bond in the event the subdivider defaults on required improvements.
Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site by origin of air, water, ice, or gravity as a product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.
Setback: The shortest straight line distance between a street right-of-way or lot line and the nearest point of a structure or building or projection therefrom.
Setback Line, Accessory Structure: A line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and an accessory structure or building on a lot.
Setback Line, Front Building: The minimum allowable distance between the right-of-way line of any abutting street and any part of a principal building on a lot. The front setback distance is applied along the full length of the right-of-way line and is parallel to it.
Setback Line, Principal Building: A line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and a principal building on a lot.
Setback Line, Rear Building: The minimum allowable distance between a rear lot line and any part of a principal building on a lot. The rear-building setback extends along the full length of the rear lot line.
Setback Line, Side Building: The minimum allowable distance between a side lot line and any part of a principal building on a lot. The side-building setback extends along the side lot line between the front building setback and a rear-building setback.
Sewerage, Public: A sanitary sewerage system for the collection of water-borne wastes complete with a sewage treatment plant that is owned and operated by a public agency or authority.
Shoulder: The portion of a street or road measured from the outer edge of the paved surface or the back of curb to the inside edge of the ditch or gutter or original ground surface.
Sidewalk: The portion of a street or road available exclusively for pedestrian traffic.
Sign, Illuminated: A sign lighted or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sedimentation by wind, water, ice, or gravity.
Storm Water Retention Measures: Any measure designed by a licensed professional and approved by the local government to retain water to control the flow of storm water.
Storage: The placement, keeping, or retention of vehicles, equipment, materials, goods, or products on a temporary basis for intermittent use or subsequent distribution or transfer.
Street: A public or private thoroughfare, which affords the principal means of access to abutting property, roadway, highway, and land.
Alleys: Public or private thoroughfares used primarily as a secondary means of access to the rear or side of properties otherwise abutting on a street.
Arterial Streets: Medium-speed, medium-capacity roadways that provide intra-community travel and access to the countywide highway system. Access to community arterials should be provided at collector roads and local streets.
Collector Streets: Relatively low-speed, low-volume streets that provide circulation within and between neighborhoods. Collectors usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network.
Cul-de-sac: A dead-end street of limited length having a primary function of serving adjoining land and constructed with a turn-around at its end.
Dead End: A street connected to another street at only one (1) end.
Expressways/Freeways: Divided highways of four (4) lanes or more that provide a high degree of service to through traffic, designed with no direct access to individual uses on abutting properties that may contain some intersections at grade with traffic controls.
Frontage Roads: Streets adjacent to freeways, expressways or arterial streets separated therefrom by a dividing strip and providing access to abutting properties and adjacent areas, and for control of access. Sometimes also referred to as "marginal access streets."
Minor or Local Commercial and Industrial Streets: Those, which are primarily for access to the abutting properties.
Minor or Local Residential Streets, including Cul-de-sac: Those, which are primarily for access to the abutting properties.
Street, County: A street that is owned or maintained by Pulaski County.
Street Frontage: All the property on the side of a street between two (2) intersecting streets (crossing or terminating), or if the street is dead ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street.
Street Grade: The grade of the curb or centerline of a street measured at any point along the street.
Street Jog: An incidence where two (2) streets or two (2) portions of a single street are separated by a relatively short distance, usually at their intersection with another street.
Street, Private: A road or street that has not been accepted for maintenance by the County and that is not owned or maintained by a State, County, City, or other public entity.
Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include but are not limited to buildings, driveways, parking lots, walls, fences, signs, and swimming pools.
Structure, Accessory: A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be incidental to the use of the principal building. Accessory structures include garages, decks, storage buildings, and fences.
Subdivision: Any division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions of and for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision, and, where appropriate, to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included in this definition:
1.
The division of land into parcels of five (5) acres or more where each lot has at least one hundred fifty feet (150') of frontage on an existing public road or street and no new street is involved; or
2.
The division of land into exactly two parcels where no new street is involved and the applicant presents evidence that no previous subdivision of the property has occurred within the past two years.
3.
The division of space into condominium units in accordance with O.C.G.A. § 44-3-70, et seq., not involving any division or separate ownership of land.
(Amended November 22, 2006)
Tangent: The straight-line distance between the ending on one (1) curve of a line (centerline of a street) and the beginning of another curve of the same line (centerline).
Use: The purpose for which land or a building or other structure is designed, arranged, or intended or for which it is or may be occupied or maintained.
Use, Accessory: The use customarily incidental and accessory to the principal use of a building located upon the same building site as the principal use.
Use, Conditional: A use which within certain districts specified by this Ordinance is not permitted as a matter of right, but may be permitted within these districts by the County Commissioner after the Planning and Zoning Board has reviewed the proposed site plans for the use, its arrangement and design, its relationship to neighboring property, and other conditions peculiar to the particular proposal which would determine its desirability or undesirability.
Use, Nonconforming: Any building or land use which lawfully exists at the time of adoption of this Ordinance and which does not now conform with the use regulations of the district in which it is located.
Utility or Utility System: Any person engaged in the transmission of energy, including electricity, gas, and water.
Variance: A departure from any provision of this Ordinance for a specific parcel, except use, without changing this Ordinance or the underlying zoning of the parcel. A variance usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same district.
Wall: Any structure or device forming a physical barrier that is constructed so that the vertical surface is closed, thus preventing the passage of light, air, and vision in a horizontal plane. The material of which a wall is constructed may be of masonry, brick, concrete, metal, wood, or other similar materials. Measurement of height shall be from the high ground.
Wall, Breakaway: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portions of the building or the supporting foundation system.
Water System, Public: A potable water supply and treatment system other than an individual or community water system owned by a unit of government.
Waters of the State: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. Such flow must be in a definite direction and cover a prescribed area. Watercourses may be either natural or artificial, and both may occur either on the surface or underground.
Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Yard: An area that lies between the principal building on a lot and the nearest lot line.
Yard, Front: A yard situated along any public street right-of-way or private street easement
- DEFINITIONS
Except as specifically described herein, all words shall have the customary dictionary meaning. Words used in the present tense include the future tense, and words used in the future tense include the present. Words used in singular number include the plural and words used in the plural include the singular. The word "person" includes a " firm", "corporation", "association", "organization", "trust", or "partnership". The word "lot" includes "plot" or "parcel". The word "building" includes "structure".
The word "shall" is mandatory and not discretionary; the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed to be used or occupied". The word "map" means the "Official Zoning Map of Pulaski County".
Access: A way or means of approach to provide physical entrance to a property.
Acts of God: A manifestation especially of a violent or destructive natural force, such as a lightning strike, earthquake, hurricane, fire, or flood that is beyond human power to cause, prevent, or control.
Adult Entertainment: Adult entertainment is defined as entertainment that is characterized by an emphasis on the depiction, display or the feature of "specified anatomical areas" or "specified sexual activity".
Adult Entertainment Businesses: A nightclub or other establishment that features adult entertainment. Any commercial establishment which has as its primary purpose or business which engages in services such as massage parlors, wrestling parlors or like activity including a night club, cabaret, lounge or other establishment which features adult entertainment.
Agriculture or Agricultural, General: The bona fide use of a parcel of land of ten (10) acres or more for the cultivation of land, raising of poultry and/or livestock, or for similar agrarian activity (fields, lots, pastures, orchards, non-intensive livestock production, agricultural conservation lands, commercial timber or pulpwood harvesting, horticultural businesses, etc.) for gain or profit, and the related buildings, structures, and appurtenances associated with or necessary to carry out the aforementioned activities.
Agriculture or Agricultural, Intensive: The bona fide use of a parcel of land of ten (10) acres or more for the use of confined animal operations such as large-scale poultry and swine production facilities and feedlots.
Airfield: Any area of land or water with airspace certified by the Federal Aviation Administration and utilized for the landing or taking off of aircraft.
Alcoholic Beverage: A liquor or brew containing alcohol as the active agent.
Alteration: Any change, addition, or modification in construction or type of occupancy; any change in the structural members of the building, such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed".
Animal Husbandry: The commercial care or breeding (excluding grazing) of domestic animals such as cattle, sheep, swine, reptile, and foul.
Apartment: A room or rooms used as a dwelling for one (1) family in a building containing at least one (1) other unit used for the same purpose and has at least cooking facilities, bathroom, and a place to sleep.
Apartment Building: A residential structure containing three (3) or more apartments.
Applicant: A property owner or their authorized representative who has petitioned Pulaski County for approval of a variance, conditional use, development permit, building permit, interpretation or appeal, or any other authorization for the use or development of their property under the requirements of this Ordinance.
Application: A petition for approval of a variance, conditional use, development permit, building permit, interpretation or appeal, or any other authorization for the use or development of a property under the requirements of this Ordinance.
Automobile Repair Garage: A building or portion thereof, other than a private or parking garage, designed or used for the storage, servicing, repairing, equipping, or hiring of motor-driven vehicles.
Automobile Service Station: Any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories, and incidental services including facilities for lubricating, automobile washing, and cleaning, or otherwise servicing automobiles, but excluding painting and major repairs.
Automobile Wrecking Yard, Used Parts, or Graveyard: Means anywhere three (3) or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition for automobile parts.
Basement: That portion of a building having its floor subgrade (below ground level) on all sides.
Bed and Breakfast (B&B): Overnight accommodations in dwelling unit and a morning meal provided to transients for compensation. Bed and Breakfast accommodations differ from boarding houses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility. The impact of a B&B should not be much greater than that of a private home with frequent houseguests, with the exception of parking demand.
Berm: A mound of earth, or the act of pushing earth into a mound.
Billboard: A structural poster or painted sign, usually found along or near roadways and of such size as to catch the attention of the motoring public, which may be either free standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject unrelated to the premises on which it is located.
Block: An area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well-defined and fixed boundaries.
Boarding House: A residence, or part thereof, where meals and/or lodging are provided for compensation to three (3) or more, but not exceeding twenty (20), persons by prearrangement for definite periods. A boarding house is to be distinguished from a hotel, motel, or nursing home.
Buffer: An area of natural vegetation or manmade construction that is intended to provide a visual and dimensional separation between dissimilar land uses.
Buffer, Natural: A visual screen created by vegetation of such density so as to present an opaque visual separation when viewed from one side to the other throughout the year.
Buffer, Structural: A visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one side to the other throughout the year.
Buildable Area of Lot: That portion of a lot bounded by, and interior to, the required rear, side, and front building setback lines.
Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built or used as a shelter or enclosure for persons, animals, or property of any kind including tents or awnings used for purposes of a building.
Building, Accessory: A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bath houses (as used in conjunction with swimming pools), and similar uses.
Building Code: The technical codes adopted or adopted as amended by Pulaski County.
Building Height: The vertical distance of a building measured from the average elevation of the finished grade to the highest point on the roof surface.
Building Inspector: Means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections of building structures; the building inspector may be the person appointed to serve as enforcement officer as defined in this Ordinance.
Building Line: A line beyond which the foundation wall and any roofed porch, vestibule, or other such portion of a building shall not project.
Building Permit: A written permit that allows construction issued by the Code Enforcement Officer for Pulaski County, Georgia.
Building, Principal: A building in which the primary use of the lot on which the building is located is conducted.
Care Home: A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or non-profit basis to provide lodging and meals and domiciliary care for the aged, infirm, chronically ill or convalescent persons. The term "care home" shall include the term "extended care facility" as defined by Georgia Law. Such facility shall be licensed pursuant to O.C.G.A. § 31-7-12 as appropriate.
Center Line: That line connecting the succession of midpoints between the identifiable limits of any improvements on the ground or of any easement.
Certificate of Occupancy: Means a document issued by the building inspector certifying that a dwelling unit, commercial facility or any structure intended for human occupancy is in compliance with applicable requirements set forth by the governing authority, and indicating it to be in a condition suitable for occupancy.
Clerk of the Superior Court: The Clerk of the Superior Court of Pulaski County, Georgia.
Clinic: A professional office where the services of more than one (1) practitioner can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided.
Club: An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, or the like, but not for profit.
Community Sewer System: A privately owned sewer system meeting the minimum standards set by the Environmental Protection Division of the Georgia Department of Natural Resources.
Community Water Systems: A privately owned water system meeting the minimum standards set by the Environmental Protection Division of the Georgia Department of Natural Resources.
Condominium: Individual ownership of units in a multi-unit structure or structures, combined with a joint ownership of common areas and/or facilities of the buildings and grounds.
Construction and Demolition (C&D) Landfill: Any disposal facility where non-hazardous construction and demolition debris may be disposed of.
Construction, Existing: Any structure for which the start of construction commenced before the effective date of this Ordinance.
Construction, New: Any structure for which the start of construction commenced after the effective date of this Ordinance.
Construction, Start of: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-3-18), includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, or improvement was within one hundred eighty days (180) of the permit date. The actual start of construction means the first placement of permanent construction of a building, including a manufactured home, on site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; the excavation for a basement, footings, piers or foundations, or the erection of temporary forms; or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.
Contractor: The developer or subdivider or his authorized representative, whether doing work on a contract basis or working directly for the developer or subdivider.
County Commissioner: The Sole Pulaski County Commissioner.
County Health Officer: The Pulaski County Health Department officer responsible for approval of on-site sewage disposal systems.
Curb Break or Curb Cut: Any interruption or break in the line of a street curb for the purpose of connecting a driveway and a street, or otherwise to provide vehicular access to an abutting property.
Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation, the depth below original ground surface to excavated surface, also known as excavation.
Day, Calendar: One of the numbered twenty-four (24)-hour periods into which a week, month, or year is divided.
Day Care Facility: An individually or jointly owned facility designated to offer care and/or training to children unrelated to the owner or director for any part of the day on a regular basis. Such facility may or may not be operated for profit. Day care is not a baby-sitting service to be used for the convenience of the parents at irregular intervals (drop-ins).
A.
Group Center (day nursery, day care center): A facility for six (6) or more children, regardless of age, whose primary purpose is the care of the child for part of a day, while his or her parents are absent from home.
B.
Nursery School: A school for two, three, and four year old children which operates for periods not to exceed four (4) hours a day and whose primary purpose is education and guidance for healthy emotional and social development of children.
C.
Kindergarten: A school for four or five year old children which operates for periods not to exceed four (4) hours a day and whose primary purpose is education and guidance for healthy emotional and social development.
D.
Family Day Care: A service in a private home, offering care in a family setting to a maximum of five (5) children, including the foster family's own children during part of the day while the natural parents are absent from their home.
E.
Adult Day Care: Personal care and supervision in a protective setting for adults outside their own home for less than twenty-four (24) hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli or a combination of these. Adult day care is available for those persons who do not require twenty-four (24) hour per day institutional care, but who, because of physical and/or mental disability, are not capable of full time independent living.
Day, Business: The calendar days of Monday through Friday, except for those days on which a State or Federal Holiday occurs.
Developer: Any person who undertakes the subdivision of land as defined in this Ordinance.
Development: Any manmade change on improved or unimproved real estate including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, or permanent storage of materials or equipment.
Development Permit: The authorization necessary to initiate and conduct a land-disturbing activity and to carry out the planned development of land and structures.
Development/Construction Plans: A set of plans, details, and technical specifications for the construction of site improvements to a commercial, office, industrial, or multi-family lot that includes, but is not limited to, building footprints, drives, parking, drainage systems, utilities, buffers, landscaping, parking lot lighting, embankments, signage, soil erosion control devices and measures, and all other improvements required for the subdivision of land.
District: Any section of the unincorporated area of Pulaski County within which the land use regulations are uniform.
Display Surface Area: The net geometric area measured by the smallest possible adjoining square or rectangles enclosing the display surface of the sign, including the outer extremities of all letters, characters, and delineations; provided, however, display surface area shall not include the structural supports for free standing signs; provided further, that only one (1) face of a double-faced sign shall be considered in determining the display surface area.
DOT: Georgia Department of Transportation.
Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.
Driveway: A travel way improved for vehicular access to a property for the primary purpose of providing access between a street and automobile parking facilities or truck-loading areas on the property, or for providing a connection between distinct parking and loading areas on the property.
Duplex: A structure containing two (2) dwelling units, each of which has direct access to the outside.
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one (1) or more families.
Dwelling, Multi-Family: A residential building exclusively designed for or occupied by three (3) or more families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the standards for single-family and two (2)-family dwellings contained in this Ordinance.
Dwelling, Single-Family: A residential building, whether site-built or a manufactured home or an industrialized building, designed for or occupied exclusively by one (1) family and meeting or exceeding the standards for single-family and two (2)-family dwellings contained in this Ordinance.
Dwelling, Two-Family: A residential building designed for or occupied exclusively by two (2) families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the standards for single-family and multi-family dwellings contained in this Ordinance.
Dwelling Unit: One (1) or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a regular basis involving owner occupancy or rental or lease on a weekly, monthly, or longer basis, with provisions for cooking, eating, and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.
Easement: A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.
Enforcement Officer: The official or his/her designate as appointed by the Sole Commissioner and charged with the administration and enforcement of this Ordinance.
EPD: The Environmental Protection Division of the Department of Natural Resources.
Erosion: The process that wears land surface away by the action of wind, water, ice, or gravity.
Erosion and Sedimentation Control Plan: A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity.
Erosion and Sedimentation Control Practices, Structural: Measures for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, and land grading, etc. Such measures can be found in the publication, Manual for Erosion and Sediment Control in Georgia.
Erosion and Sedimentation Control Practices, Vegetative: Practices for the stabilization of erodible or sediment-producing areas by covering with:
1.
Permanent seeding, sprigging, or planting, producing long-term vegetative cover; or
2.
Temporary seeding, producing short-term vegetative cover; or
3.
Sodding, covering areas with turn of perennial sod-forming grass.
Such practices can be found in the publication, Manual for Erosion and Sediment Control in Georgia.
FAA: The Federal Aviation Administration; an agency in the Department of Transportation that is responsible for the safety of civilian aviation.
Family: An individual or two (2) or more persons living together as a household.
Farm: A parcel of land that is used for growing crops, raising livestock, or other agricultural purposes within agricultural districts.
Farm Stand: A booth or stall located on a farm from which produce and farm products are sold to the general public.
Feed Lot: A lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term does not include areas that are used for raising crops or other vegetation or upon which livestock are allowed to graze.
FCC: The Federal Communications Commission; an independent government agency that regulates interstate and international communications by radio and television and wire and cable and satellite.
Fence: An artificially constructed barrier of wood, wire, wire mesh, or decorative metal erected to enclose, screen, or separate portions of a lot.
Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.
Final Plat: A complete and exact subdivision plat prepared for official recording.
Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.
Flea Market: An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts, or any combination of new or used goods. These markets, sales, and displays are those that occur continuously or frequently, and specifically more than two (2) times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial staff, or designated area from which the vendor markets his/her goods.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood Plain: A nearly level alluvial plain that borders a stream and is subject to flooding unless protected artificially.
Floor: The top surface of an enclosed area in a building including basement, i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
GAEPD: The Environmental Protection Division of the State of Georgia Department of Natural Resources.
Garage Apartment: A dwelling unit for one (1) family erected above a private garage detached from the main dwelling.
Garage, Private: An accessory building or a portion of a main building used for the parking or storage of automobiles of the occupants of the main building. A carport is considered a private garage.
Garage, Repair: Building(s) and premises designed or used for the purpose of service or commercial repair of motor vehicles, provided that (1) all body work and painting shall be conducted within fully enclosed buildings, (2) the storage of junk, wrecked vehicles, dismantles parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business, and (3) the storage of junk, wrecked vehicles, dismantled parts or supplies not be visible from beyond the premises.
Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling, and shaping, or any condition thereof, and shall include the land in its cut or filled condition.
Ground Elevation: The original elevation of the ground surface prior to cutting or filling.
Guarantee of Condition Bond: Means a surety bond to guarantee that the affidavit and photographs required by paragraphs (1) and (2) of subsection (a) of Section 3 of this Ordinance reasonably portray or represents the existing condition of the pre-owned manufactured home proposed for relocation.
Hardship Variance: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the applicable development regulations.
Health Department: The Pulaski County Health Department.
Home Business: An occupation for gain or support conducted only by members of a family residing on the premises and entirely within the main dwelling with a portion of the activities including on-premise retail sales.
Home, Manufactured: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet in floor area, 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; and which complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. "Manufactured home" includes such structures commonly referred to as "mobile home," and "house trailer;" the term does not include campers, travel trailers, motor homes, or modular homes.
Home, Manufactured, Pre-Owned: Any manufactured home that has been previously used as a residential dwelling and has been titled.
Home, Modular: Finished housing sections, built in a factory, which are transported to the building site and joined together on a permanent foundation. This may include whole sections, such as bedrooms and living areas, chosen by the buyer and assembled such that they result in a floor plan that resembles a traditional home. Subject to state or local codes, not HUD Code.
Home Occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
Home, Stick-Built or Site-Built: Industry term for a "traditional" home assembled piece-by-piece at the building site from rough boards and other materials delivered in bulk.
Hotel: A building in which lodging or board and lodging are offered to the public for compensation and in which ingress and egress to and from each sleeping room is generally made through the interior of the building.
HUD Code: The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) that went into effect June 15, 1976 and sets the standards for manufactured homes. The standards regulate design and construction, strength and durability, transportability, fire resistance, energy efficiency, and quality. On-site additions such as garages, decks, and porches are built to local, state, or regional building codes.
Improvements: Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
Improvements, Public: The construction, enlargement, extension, or other construction of a facility intended for dedication to the public, including but not limited to, a street, curb and gutter, sidewalk, cross drain, catch basin, traffic control and street name sign, or other roadway appurtenance other than a driveway apron connection; domestic water supply system main, fire hydrant, valve or other appurtenance other than a supply line to a building; or sanitary sewerage main or outfall, lift station, force main, manhole or other appurtenance other than a drain line from a building.
Improvements, Substantial: Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the building. The market value of the building should be:
1.
The appraised value of the building prior to the start of the initial repair or improvement; or
2.
In the case of damage, the value of the building prior to the damage occurring.
For the purposes of this definition, the term "substantial improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.
Inert Landfill: Any disposal facility where solid waste consisting of earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, and land clearing debris such as stumps, limbs, and leaves may be disposed of.
Intersection: The place where two (2) streets cross, or the point at which the centerline of a street intersects the centerline of another street or railway.
Junkyard: Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two (2) or more unregistered motor vehicles that are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor vehicles. Such terms shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to burn materials that are parts of a motor vehicle or cut up the parts thereof.
Kennel, Commercial: Any place in or at which more than four (4) adult dogs, cats, rabbits, or other domesticated animals are kept for the purpose of sale, boarding, care, breeding, or training, and for which any fee is charged for such services. This term does not apply to similar facilities operated for agrarian or agricultural practices.
Land Disturbance Permit: Authorization from the local or state regulatory agency to perform construction activities or land-disturbance activities in conformance with an approved soil erosion and sediment control plan and/or minimum standards as provided by law.
Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in this Section.
Land-Lease Community: A residential development where individual homeowners own the residence, but lease the home site from the developer or owner.
Land Use Plan, Comprehensive: The various maps, plats, charts, descriptions, explanatory material, and all textural matter approved by the Pulaski County Sole Commissioner for the purpose of guiding and shaping the growth of the unincorporated area of Pulaski County.
Land Use Plan, Future: A plan that designates the future use or reuse of the land within a given jurisdiction's planning area, and the policies and reasoning used at arriving at the decisions in the plan. The land-use plan serves as a guide to official decisions regarding the distribution and intensity of private development, as well as public decisions on the location of future public facilities and open spaces. It also serves as a basic guide for any zoning and subdivision controls, urban renewal, and capital improvement programs.
Landscape Architect: A registered, practicing landscape architect licensed by the State of Georgia.
Local Government: The governing authority of Pulaski County or any other political subdivision mentioned in this Ordinance.
Lot: A parcel occupied or to be occupied by one (1) or more main buildings and its accessory buildings and has frontage along or legal access to a public right-of-way.
Lot Area: The total horizontal area included within lot lines.
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection.
Lot, Double Frontage: A lot other than a corner lot that has frontage upon two (2) or more streets that do not intersect at a point abutting the property.
Lot, Flag: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow, private, right-of-way.
Lot, Frontage: That portion of a lot extending along a street right-of-way line.
Lot, Interior: A lot having bounding on only one (1) street.
Lot Lines: The boundary dividing a given lot from the street, an alley, or adjacent lots.
Lot Lines, Front: In the case of an interior lot, a line separating the lot from a street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street.
Lot Lines, Rear: (1) The lot line that is opposite and most distant from the front lot line; (2) The rear lot line of an irregular, triangular, or gore lot shall, for the purpose of this Ordinance, be a line entirely within the lot at least ten feet (10') long and parallel to and most distant from the front lot line.
Lot Lines, Side: (1) Any lot line not a front lot line or a rear lot line; (2) A side lot separating a lot from a street is a street lot line; (3) A side lot line separating a lot from another lot is an interior side lot line.
Lot of Record: A lot which is part of a subdivision approved in accordance with land subdivision requirements, a plat of which has been lawfully recorded in the records of the Clerk of the Pulaski County Superior Court; or a parcel of land, the deed of which was lawfully recorded in the same office prior to the adoption date of this Ordinance.
Lot, Reverse Frontage: A double frontage lot that abuts two (2) public streets but is not allowed to have vehicular access to one (1) of them.
Lot Width: The distance between side lot lines measured at the front line of the building located or intended to be located on the lot.
Motel: A building or group of buildings in which lodging is provided to transient guests, offered to the public for compensation, and in which access to and from each room or unit is through an exterior door.
Municipal Solid Waste Landfill: 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.
Nursery, Commercial: An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance.
Official Land Use Maps: Official maps of Pulaski County that shows the location of streets, public building sites and public open spaces therefore existing and established by law as public streets, public building sites or public open spaces. This may include mapped boundary lines of future streets, public building sites, public park playgrounds or other public open space areas or of existing sites or areas that are to be expanded.
Opaque: Impenetrable to view, or so obscuring to view that features, buildings, structures, and uses become visually indistinguishable.
Open Space: A parcel or parcels of land or an area of water or a combination of both land and water within the site designated for development and designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas. Open space shall be substantially free of structures, but may contain such improvements as are in the plans as finally approved and are appropriate for the benefit of residents of the development.
Outdoor Advertising Sign: A structural poster or painted sign other than a billboard sign.
Owner: Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
Parcel: A general term including all plots of land shown with separate identification on the Official Tax Appraisal Maps for Pulaski County. Parcels may or may not be lots, depending upon whether or not such parcels are created as herein provided.
Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State, any interstate body, or any other legal entity.
Planning Board: This term shall refer to the Pulaski County Planning and Zoning Board whose members are appointed by the Sole County Commissioner of Pulaski County.
Plat, Final: The plat submitted to the Enforcement Officer for final approval and, subsequently, to be recorded with the Clerk of Superior Court of Pulaski County.
Plat, Preliminary: A tentative subdivision plat, indicating the approximate proposed layout of subdivision as a basis for consideration by the Enforcement Officer before preparation of the final plat and construction drawings and specifications.
Prime Agricultural Land: Land in Pulaski County which is best suited for producing food, feed, forage, fiber, and oil seed crops and also available for these uses. It has the soil quality, growing season, and moisture supply needed to produce sustained good yield of crops economically if treated and managed, including water management, according to modern farming methods.
Produce Stand/Curb Market: A permanent or semi-permanent building stand not exceeding two hundred square feet (200 sq. ft.) of floor area intended to provide a place to sell at retail only perishable farm and garden vegetables and orchard or grove fruits.
Professional Engineer: An engineer duly registered or otherwise authorized by the State of Georgia to practice in the field of civil engineering.
Project: The entire proposed development project regardless of the size of the area of land to be disturbed.
Protective Covenants: Contracts made between private parties as to the manner in which land may be used, with the view toward protecting and preserving the physical and economic integrity of any given area.
Publicly Dedicated: Land or improvements that has or have been transferred by plat or deeded to and accepted by Pulaski County or the City of Hawkinsville for public use and maintenance.
Public Utilities: A service or services provided by a public utility company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.
Pulaski County Future Land Use Plan: The land use plan created by the citizens of Pulaski County and adopted by the Sole County Commissioner.
Registered Land Surveyor: A surveyor duly registered or otherwise authorized by the State of Georgia to practice in the field of land surveying.
Reserve Strip: A strip or tract of land reserved for the purposes of controlling or limiting access from properties to abutting streets.
Right-of-Way: Access over or across particularly described property for a specific purpose or purposes.
Screening: Also referred to in the text as "protective screening", a visual and acoustical barrier, which, through the use of buffers, natural topography, landscaping, fences, walls, berms, or approved combination thereof, is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet (6') that screens structures and activities on the lot from view from the normal level of first story window on an abutting lot.
Security Bond: A type of subdivision improvement guarantee in the form of a bond, secured by the subdivider from a bonding company, in an amount specified by the Sole Commissioner to cover costs of required improvements and payable to the County. The County may call in the security bond in the event the subdivider defaults on required improvements.
Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site by origin of air, water, ice, or gravity as a product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.
Setback: The shortest straight line distance between a street right-of-way or lot line and the nearest point of a structure or building or projection therefrom.
Setback Line, Accessory Structure: A line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and an accessory structure or building on a lot.
Setback Line, Front Building: The minimum allowable distance between the right-of-way line of any abutting street and any part of a principal building on a lot. The front setback distance is applied along the full length of the right-of-way line and is parallel to it.
Setback Line, Principal Building: A line delineating the minimum allowable distance between a property line or the right-of-way line of an abutting street and a principal building on a lot.
Setback Line, Rear Building: The minimum allowable distance between a rear lot line and any part of a principal building on a lot. The rear-building setback extends along the full length of the rear lot line.
Setback Line, Side Building: The minimum allowable distance between a side lot line and any part of a principal building on a lot. The side-building setback extends along the side lot line between the front building setback and a rear-building setback.
Sewerage, Public: A sanitary sewerage system for the collection of water-borne wastes complete with a sewage treatment plant that is owned and operated by a public agency or authority.
Shoulder: The portion of a street or road measured from the outer edge of the paved surface or the back of curb to the inside edge of the ditch or gutter or original ground surface.
Sidewalk: The portion of a street or road available exclusively for pedestrian traffic.
Sign, Illuminated: A sign lighted or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sedimentation by wind, water, ice, or gravity.
Storm Water Retention Measures: Any measure designed by a licensed professional and approved by the local government to retain water to control the flow of storm water.
Storage: The placement, keeping, or retention of vehicles, equipment, materials, goods, or products on a temporary basis for intermittent use or subsequent distribution or transfer.
Street: A public or private thoroughfare, which affords the principal means of access to abutting property, roadway, highway, and land.
Alleys: Public or private thoroughfares used primarily as a secondary means of access to the rear or side of properties otherwise abutting on a street.
Arterial Streets: Medium-speed, medium-capacity roadways that provide intra-community travel and access to the countywide highway system. Access to community arterials should be provided at collector roads and local streets.
Collector Streets: Relatively low-speed, low-volume streets that provide circulation within and between neighborhoods. Collectors usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network.
Cul-de-sac: A dead-end street of limited length having a primary function of serving adjoining land and constructed with a turn-around at its end.
Dead End: A street connected to another street at only one (1) end.
Expressways/Freeways: Divided highways of four (4) lanes or more that provide a high degree of service to through traffic, designed with no direct access to individual uses on abutting properties that may contain some intersections at grade with traffic controls.
Frontage Roads: Streets adjacent to freeways, expressways or arterial streets separated therefrom by a dividing strip and providing access to abutting properties and adjacent areas, and for control of access. Sometimes also referred to as "marginal access streets."
Minor or Local Commercial and Industrial Streets: Those, which are primarily for access to the abutting properties.
Minor or Local Residential Streets, including Cul-de-sac: Those, which are primarily for access to the abutting properties.
Street, County: A street that is owned or maintained by Pulaski County.
Street Frontage: All the property on the side of a street between two (2) intersecting streets (crossing or terminating), or if the street is dead ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street.
Street Grade: The grade of the curb or centerline of a street measured at any point along the street.
Street Jog: An incidence where two (2) streets or two (2) portions of a single street are separated by a relatively short distance, usually at their intersection with another street.
Street, Private: A road or street that has not been accepted for maintenance by the County and that is not owned or maintained by a State, County, City, or other public entity.
Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include but are not limited to buildings, driveways, parking lots, walls, fences, signs, and swimming pools.
Structure, Accessory: A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be incidental to the use of the principal building. Accessory structures include garages, decks, storage buildings, and fences.
Subdivision: Any division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions of and for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision, and, where appropriate, to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included in this definition:
1.
The division of land into parcels of five (5) acres or more where each lot has at least one hundred fifty feet (150') of frontage on an existing public road or street and no new street is involved; or
2.
The division of land into exactly two parcels where no new street is involved and the applicant presents evidence that no previous subdivision of the property has occurred within the past two years.
3.
The division of space into condominium units in accordance with O.C.G.A. § 44-3-70, et seq., not involving any division or separate ownership of land.
(Amended November 22, 2006)
Tangent: The straight-line distance between the ending on one (1) curve of a line (centerline of a street) and the beginning of another curve of the same line (centerline).
Use: The purpose for which land or a building or other structure is designed, arranged, or intended or for which it is or may be occupied or maintained.
Use, Accessory: The use customarily incidental and accessory to the principal use of a building located upon the same building site as the principal use.
Use, Conditional: A use which within certain districts specified by this Ordinance is not permitted as a matter of right, but may be permitted within these districts by the County Commissioner after the Planning and Zoning Board has reviewed the proposed site plans for the use, its arrangement and design, its relationship to neighboring property, and other conditions peculiar to the particular proposal which would determine its desirability or undesirability.
Use, Nonconforming: Any building or land use which lawfully exists at the time of adoption of this Ordinance and which does not now conform with the use regulations of the district in which it is located.
Utility or Utility System: Any person engaged in the transmission of energy, including electricity, gas, and water.
Variance: A departure from any provision of this Ordinance for a specific parcel, except use, without changing this Ordinance or the underlying zoning of the parcel. A variance usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same district.
Wall: Any structure or device forming a physical barrier that is constructed so that the vertical surface is closed, thus preventing the passage of light, air, and vision in a horizontal plane. The material of which a wall is constructed may be of masonry, brick, concrete, metal, wood, or other similar materials. Measurement of height shall be from the high ground.
Wall, Breakaway: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portions of the building or the supporting foundation system.
Water System, Public: A potable water supply and treatment system other than an individual or community water system owned by a unit of government.
Waters of the State: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. Such flow must be in a definite direction and cover a prescribed area. Watercourses may be either natural or artificial, and both may occur either on the surface or underground.
Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Yard: An area that lies between the principal building on a lot and the nearest lot line.
Yard, Front: A yard situated along any public street right-of-way or private street easement