The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Generally. The word "lot" includes the word "lot" or "parcel". The word "building" includes the word "structure". The word "used" or "occupied" as applied to any land or building shall be construed to include the word "intended, arranged or designed to be used or occupied". Words included in the definition section are not to be construed as an allowable use (see appropriate districts for allowable uses).

Abandonment means the cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

Abutting means having property or district lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.

Accessory apartment means a second dwelling unit either in or added to an existing single-family detached dwelling or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility for a single housekeeping unit (family), with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is considered an accessory use and/or structure to the main dwelling.

Accessory building or use means a building or use which is:

(1)

Not more than two stories in height;

(2)

Subordinate to and serves a principal building or principal use;

(3)

Subordinate in area, extent, or purpose to the principal building or use served;

(4)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and

(5)

Located on the same lot as the principal building or principal use.

Administrative officer means the representative appointed by the county board of commissioners being assigned the responsibility for administering the zoning ordinance and subdivision regulations of the county. The office of the administrative officer shall act as staff to the planning commission and shall be given full responsibility of administration of applications, fees and filings from applicants and members of the public, and shall report to the planning commission as to the status of zoning, subdivision, and related planning activities.

Agriculture means the cultivation or growth of a field or horticultural crop, including dairying, livestock and poultry raising, farm forestry, and other similar enterprises or uses.

Agritourism business means any agriculturally based business offering to the general public the opportunity to visit for purposes of recreation, education, entertainment, events or active involvement and participation in the operation and activities of the agricultural enterprise.

To include: Distilleries, wineries, farm stands, any and all agriculturally based tourism destinations.

Airport means any area of land, water or mechanical structure which is used for the landing and takeoff of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.

Alley means a private or public thoroughfare which affords only a secondary means of access to a building or abutting property and is not intended for general traffic circulation.

Alteration means any change in the supporting members of a building (such as bearing walls, columns, girders), except such change as may be required for safety purposes, any addition to a building, any modification or change in construction, any addition which increases the area or height, any change in use from that of one district classification to another.

Amusement arcade means a building or part of a building in which three or more pinball machines, coin-operated building tables, videogames, or other similar player operated amusement devices are maintained.

Animal hospital means a facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

Antique shop means a store or shop for the sale of relies, objects of ancient times or of an earlier period, works of art, pieces of furniture or decorative objects made at a much earlier period than present.

Apartment house means a multifamily dwelling located on a parcel of land under a single ownership designed for use by three or more housekeeping units, living independently of each other, and doing their own cooking on the premises.

Art gallery means a facility, structure or building used for the display of sculptures, paintings, photographs or other artistic works for public viewing with only incidental sales.

Automated teller means an accessory facility through which certain banking functions such as deposits and withdrawals can be completed without the personal assistance of a bank employee.

Automobile sales lot means an area of land on which more than one car, truck, van, boat, agricultural vehicle or implement, motorcycle, recreational vehicle, or other motorized vehicle exists, and where such vehicles are indicated as for sale, as evidenced by "for sale" signs, dealers tags, warranty signs in windows, or other such indications.

Automotive repair garage means a use of land and/or structures involving maintenance, repair, conversion and other such services on cars, trucks, boats, motorcycles, recreational vehicles, and mobile or manufactured homes, typically including vehicle storage and incidental sales of parts. Also referred to as automotive services.

Basement means that portion of a building located wholly or partly underground but having less than one-half of its height above the grade. A basement shall not be counted as a story for the purposes of determining maximum permitted height.

Bed and breakfast inn means a dwelling unit, or portion thereof, of no more than 14 rooms or units where short-term overnight lodging rooms, with or without meals, are provided for compensation, and where the operator of the inn resides on the premises. The offering of the same type rooms from a structure or building not occupied as a primary residence shall be considered as an inn, hotel or motel.

Berm means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees.

Billboard means an offsite advertising sign larger than 50 square feet in area, not to exceed 300 square feet in area.

Biomedical waste means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts.

Boardinghouse means a building where, for compensation, both lodging and meals are provided for persons, provided that a single family dwelling shall not be deemed to be a boardinghouse by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.

Broadcasting studio means a room or suite of rooms operated as a radio or television broadcasting studio or station with local broadcast capability or intended for satellite distribution of programs.

Buffer means a landscaped open space or screen located between compatible or incompatible land uses for the purpose of visibly separating uses through distance and to shield or block noise, light, glare, or visual or other nuisances; or that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established for the purpose of screening and separating properties with compatible and incompatible land uses, the width of which is measured from the common property line and extending the developed portion of the common property line. A buffer consists of trees, shrubs and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buildable area means the portion of a lot remaining after required yards, buffers and building setbacks have been provided where construction of principal buildings is permitted. Also known as "building envelope."

Building means 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.

Building inspector means the building inspector of the county or his authorized representative.

Building, principal, means a building or structure in which is conducted the main use of the property on which the building or structure is located. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which said structure is located.

Building setback line means a line establishing the minimum allowable distance between any wall of a building or portion of any structure and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements will be required to be observed for those areas adjacent to street rights-of-way.

Bus terminal means an area and building where buses stop to load and unload passengers and luggage or packages and which may include the sale of bus tickets.

Campground means land containing two or more campsites which are located, established or maintained for occupancy by people in temporary lodging units such as camp tents, or cabins, for recreation, education or vacation purposes.

Carport means an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor vehicles or boats.

Carwash means an establishment engaged in the business of washing vehicles with self serve, automated or staffed facilities.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, but not including crematories and mortuaries.

Centerline of street means that line surveyed and monumented by the Governing Body and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches, right-of-way edges, or pavement edges of such street.

Certificate of occupancy means a legal statement or document issued by the building inspector indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Church means an institution that people regularly attend to participate in or hold religious services, meeting and other purposes, including education, day care and recreation facilities when owned and operated by such church.

Circus means the temporary use of land offering entertainment and instruction in the form of such things as thrill rides, games of chance and skill, educational exhibits, and animal displays or acts. The term also includes carnivals and fairs.

Clinic means a building designed and used for the diagnosis and treatment of patients that does not include overnight care facilities.

Club, nonprofit, means a building or facilities owned or operated by a group for social, educational or recreational purposes, but not customarily for profit or to render a service that is customarily carried on for gain.

College means a degree-granting establishment, accredited or qualified, which provides formal academic education and generally requiring for admission at least a high school diploma or equivalent academic training. Accessory uses under this definition include but are not limited to dormitories, cafeterias, bookstores, research facilities, sports facilities and auditoriums.

Commercial recreation facility means any use of building and/or land that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following:

(1)

Amphitheaters and stadiums;

(2)

Assembly halls, auditoriums and meeting halls;

(3)

Billiard halls, pool rooms and amusement/video arcades;

(4)

Bowling alleys;

(5)

Firearms shooting ranges and turkey shoots;

(6)

Golf driving ranges, public golf courses, miniature golf courses and baseball batting cages;

(7)

Private clubs operated for profit, racetracks for animals and motor-driven vehicles, ice and roller skating rinks;

(8)

Horse- and pony-riding rinks;

(9)

Circuses and carnivals;

(10)

Indoor and drive-in theaters;

(11)

Physical fitness facilities and health clubs;

(12)

Botanical gardens and zoological gardens;

(13)

Commercial museums and art galleries;

(14)

Racquetball courts;

(15)

Bungee jumping.

Compatibility means the characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, odor, glare, lighting, air and water pollution, or radiation.

Comprehensive plan means that coordinated plan or portion thereof which has been prepared by or for the governing body for the physical development of the jurisdiction; or any plan that designates plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.

Conditional zoning/use means the granting or adoption of zoning or use for property subject to compliance with restrictions as to use, size, density or actions stipulated by the governing body to mitigate adverse impacts that are anticipated without imposition of such conditions. All zoning applications are considered conditional uses and are permitted as such.

Condominium (residential building) means a building or complex of multiple-unit dwellings in which a tenant holds full title to his unit and joint ownership in the common grounds.

Connecting route means a road or street designated as a connecting route by the county planning commission and shown as such on the official zoning map.

Continuing care retirement community means a development or facility that provides to individuals accommodations and care such as board, independent living, licensed nursing care and medical or other health-related services, and that typically enters into contracts to provide care.

Contractor's establishment means an establishment engaged in the provision of construction activities including, but not limited to, plumbing, electrical work, building, paving, carpentry and other such contracting activities, including the storage of materials and the overnight parking of commercial vehicles.

Convalescent home means a home for the care of children, the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two or more persons are professionally cared for.

Convenience store means a small retail store which sells prepackaged food products, household and other items and which may include the sale of gasoline and diesel fuel.

Conversion means any change in the original use or purpose of a building or lot to a different use.

County engineer means the engineer or engineering firm in the employ of the county, or authorized representative.

Crematorium means the structure that contains the furnace for cremating a body.

Curb cut means a provision for vehicular ingress and/or egress between property and an abutting public street.

Day care center means any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, seven or more children under 18 years of age. A day care center of six children or fewer may be considered to be a home occupation unless in conflict with state regulations.

Decks means outside unenclosed auxiliary area adjacent to or attached to the primary structure, not considered living space and not capable of being artificially heated or cooled.

Density means the number of dwelling units developed, or to be developed, per gross acre of land or the gross square footage of a building per acre of land.

Development means any manmade change on improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or permanent storage of materials or equipment.

Developmentally disabled person means a person with a disability resulting in substantial functional limitations in such person's major life activities which disability is attributable to mental retardation, cerebral palsy, epilepsy, or autism or is attributable to any other condition related to mental retardation because such condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with mental retardation.

Distillery means any maker, producer, or bottler engaging in distilling, rectifying, or blending any distilled spirits. All state and federal licensing and regulatory requirements shall be met.

District, zoning, means a geographical area or areas, designated with the use of symbols on the official zoning map, wherein uses of land are restricted in type, size, height and other limitations as established in these regulations.

Dormitory means a building, the primary purpose of which is to provide living accommodations for individuals, but which does not include individual kitchen facilities.

Drive-in means a retail or service enterprise wherein service is provided to the customer within a motor vehicle on the outside of the principal building.

Drive-in theater means a facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile.

Driveway means a way upon which automobiles can travel which terminates on private property and originates from a public or private road or street.

Dry cleaners means an establishment engaged in providing laundry, dyeing and dry cleaning services to individual customers.

Dry cleaning plant means an establishment engaged in providing laundry, dyeing and dry cleaning services for institutions, businesses or other such establishments.

Duplex means a building on a single lot containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dwelling means a building, or portion thereof, designed, arranged or used for permanent living and/or sleeping quarters.

Dwelling, multifamily, means a building designed for or occupied exclusively by three or more single housekeeping units with separate kitchen and bath facilities for each family or housekeeping unit, including apartment houses, rowhouses, townhouses, and similar housing types but not including motels, hotels, lodginghouses, hospitals, nursing homes, or public institutions such as prisons and mental institutions.

Dwelling, single-family, means a building designed or arranged to be occupied by one single housekeeping unit only.

Dwelling, two-family (duplex), means a building designed or arranged to be occupied by two single housekeeping units living independently of each other.

Dwelling unit means a building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.

Easement means a nonpossessory interest in land or a grant by a property owner for the use by the public, a corporation or persons of a portion of land for a specified purpose.

Exterminator means an establishment or person engaged in the service of killing insects, mice, rats or other pests.

Family means an individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than three unrelated persons, occupying a single dwelling unit and using the same cooking facilities; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. Any group which is licensed by the state, or any political subdivision thereof which contains up to six developmentally disabled persons and up to two supervisors or surrogate parents residing on the premises at one time shall constitute a family.

Farm means an area of land principally devoted to agriculture.

Farm stay means transient lodging accommodations accessory to an agriculturally based enterprise.

Farm supply store means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

Fence means a structural barrier for enclosure, screening or demarcation presenting a solid face or having openings amongst or between its constituents members; also, a wall separate from or extending from a building. Fences must be constructed of wood, metal, or other conventional fence building material. Fences cannot be constructed from salvage or junk materials.

Finance, insurance and real estate establishments means establishments including, but not limited to banks, savings and loan institutions and credit unions; security and commodity exchanges; insurance agents, brokers and service; real estate brokers, agents, managers and developers; trusts; holding and investment companies.

Finished ground level means the elevation of the ground after final cutting and filling.

Flea market means the use of land, structures or buildings for the sale of produce or new or used goods, usually of second quality or at cut-rate prices, in which more than two vendors are accommodated in spaces on the same lot or within the same building.

Floor area means the gross heated, finished horizontal area of the floor of a dwelling unit.

Foundation means the loadbearing structural elements of a building, usually of masonry construction.

Funeral home means a building or part thereof used for funeral services, which may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; performance of autopsies; storage of caskets; and chapel services.

Garage means an accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use. Garages will not include living quarters or sanitary and/or cooking facilities.

Garage apartment means an accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use, but may include living quarters, sanitary, and/or cooking facilities.

Glare means a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Governing body means the county commission, duly elected by the citizens within the jurisdiction.

Green area (space) means land shown on a development plan, master plan, or official map for conservation, preservation, recreation, landscaping or parks.

Greenbelt means an open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

Greenhouse means a building designed or used for growing or propagating plants, with walls or roof usually designed to transmit light. Greenhouses shall not be construed to include commercial horticultural activities.

Guesthouse means a lodging unit for temporary guests in an accessory building. Such lodging unit may contain limited cooking or kitchen facilities but shall not be rented or otherwise used as a separate dwelling.

Hazardous waste means any waste which is capable of posing a present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise, based on factors set forth in applicable regulations of the Environmental Protection Agency (EPA).

Height, highest living floor, means the vertical distance measured from the highest point at which the exterior foundation of the building or structure intersects the highest finished ground level to the highest living area finished floor level.

Height, overall building, means the vertical distance measured from the highest point at which the exterior foundation of the building or structure intersects the highest finished ground level to the highest point on the finished roof.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the landing and take offof helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Helistop means a heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Home occupation means any activity carried out for gain or support in the home, excluding retail sales. Only residents of the dwelling may be engaged in the home occupation, with the exception of one person not residing in the dwelling. The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot. A home occupation shall not create any additional vehicular traffic for its address or location than what is expected for its residential use and shall not be detrimental to surrounding property owners.

Hospital means an institution providing health services, for inpatient and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient department, training facilities, central service facilities and staff offices.

Hotel means a public commercial lodging facility intended for use as temporary residence which may make provisions for meals, entertainment and various personal services provided for compensation to persons traveling for business, tourism or other visitation purposes in which ingress and egress from all rooms is made through an inside lobby or office supervised by a person in charge.

Household pet means an animal which is customarily kept for company or pleasure within a home or yard which is not raised for commercial purposes. Household pets include domestic canines, felines, tropical birds, fish, rabbits, rodents and other animals customarily sold in pet stores.

Impervious surface means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land, including, but not limited to, buildings, paved roads, parking lots and driveways, decks, swimming pools and patios, but not including graveled driveways and parking areas.

Inn means an overnight lodging facility.

Inoperable vehicle means any motorized vehicle, other than those vehicles temporarily disabled, not in excess of 60 days, and under active repair, incapable of immediately being driven. Any motorized vehicle without a current vehicle registration tag shall be considered an inoperable vehicle.

Junk means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. Junk may include inoperable vehicles, boats, tires, vehicle parts, equipment, paper, rags, metal, glass, scrap building materials, household appliances, machinery, brush, wood and lumber, not to include wood that is commonly used as firewood.

Junkyard or salvage yard means any property involving the abandonment, parking, storage or disassembly of junk, including inoperable vehicles or junked machinery, the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and/or other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.

Kennel means the housing or boarding of dogs, cats or other domestic animals, operated for the purpose of providing income and revenue.

Laboratory means a place devoted to research or study, such as testing and analyzing, but not including the manufacturing of products.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands of the state, including, but not limited to, clearing, dredging, grading, scraping, excavating, transporting, or filing of land, and any construction, rebuilding or alteration of a structure, but specifically excluding agricultural and gardening practices.

Landfill means an area wherein solid wastes are placed, under license, compacted and covered but specifically excluding hazardous or radioactive wastes.

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

Landscaping means changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation.

Landscaping service means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping.

Laundromat means a business that provides commercial washing and drying machines for hire to be used by customers on the premises.

Library means a building in which literary, musical, artistic or reference materials are kept for use but not primarily for sale.

Loading and unloading space means a space typically, but not necessarily, contained, with dimensions of 12 feet by 60 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles to be used, and accessible to such vehicles.

Lodginghouse means a fraternity house, sorority house, dormitory, or other such building designed and occupied, with or without separate kitchen or housekeeping facilities for each unit.

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

Lot area means the total horizontal area within the lot lines of a lot, exclusive of public street rights-of-way but inclusive of easements.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot coverage means the part or percent of a lot occupied by buildings and structures, including accessory buildings and structures, but not including unenclosed parking areas.

Lot depth means the mean horizontal distance from the front lot line to the rear lot line.

Lot, double frontage, means any lot, other than a corner lot, which has frontage on two streets that do not intersect at a point abutting the property.

Lot frontage means the width in linear feet of a lot where it abuts any street or roadway or right-of-way thereof.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the records of the county superior court clerk, or a parcel of land the deed of which has been recorded in the same office as of the date of adoption of the ordinance from which this chapter is derived.

Lot width means the horizontal distance between side lot lines measured at the minimum required front yard (regulatory front building setback) line.

Mail order office means an establishment which engages in the taking of requests for mail order by telephone or facsimile machine for catalog merchandise but not including the storage or distribution of such merchandise. An establishment where orders are picked up or taken in person is not considered a mail order office.

Manufactured home/mobile home means a structure built to conform to national standards embodied in the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401 et seq. administered by the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, 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 mandatory plumbing, heating, air conditioning and electrical systems contained therein. A manufactured home displays a certificate from the U.S. Department of Housing and Urban Development if manufactured after June 15, 1976.

Manufactured home/mobile home park means a parcel of land which has been planned or improved for the placement of two or more manufactured homes for residential use, including land, buildings and facilities used by the occupants of manufactured homes on such property must comply with all other regulations for mobile/manufactured home park.

Manufactured home/mobile home space means a parcel of land within a manufactured home park which is reserved or leased for the placement of an individual mobile home and accessory structures for the exclusive use of its occupants.

Manufactured home subdivision means parcels of land planned or improved for the placement of manufactured homes on individual lots for residential use and must meet all subdivision regulations as outlined in this document.

Manufacturing, processing and assembling means the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins or liquors.

Marquee means a permanent rooflike structure made of metal or other durable material affixed to the wall of a building.

Materials recovery facility means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials.

Metes and bounds means a system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as a monument or other marker or the intersection of the center line of intersecting streets.

Miniwarehouse means a building or group of buildings that contains varying sizes of individual, compartmentalized stalls or lockers used for storage, which may include accessory office and/or night watchman's residence, but not including retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use; also known as self-service storage facilities.

Modular structure means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential or commercial purposes and which bears a seal of compliance with regulations of either the International Code Council (ICC) or the Georgia Industrialized Building Act.

Mortuary means a place in which dead bodies are kept until burial.

Motel means a public commercial lodging facility intended for use as temporary residence, which may also include provision of meals, entertainment and various personal services, provided for compensation to persons traveling for business, tourism or other visitation purposes, distinguished from a hotel in that ingress and/or egress to and from all rooms is made primarily from an exterior walkway rather than from an interior lobby.

Museum means an establishment engaged in the procurement, care, study, and display of objects of historical, educational and cultural value and interest.

Nonconforming lot means a lot, the area, width, or other characteristic of which fails to meet requirements of the zoning district in which it is located and which was of record as of the date of adoption of the ordinance from which this chapter is derived.

Nonconforming structure means any building or structure lawfully existing at the date of adoption of the ordinance from which this chapter is derived or as a result of subsequent amendments to these regulations which does not conform to the regulations governing the bulk, location, height or size of buildings or structures permitted in the district.

Nonconforming use means any building or use of land or building lawfully existing at the date of adoption of the ordinance from which this chapter is derived or as a result of subsequent amendments to these regulations, which does not conform with the permitted use provisions established herein for the district in which it is located.

Non-traditional dwelling means a dwelling unit built using non-traditional methods of construction to include: Container homes, tree houses, yurts, sub-terranean homes, and quonset huts. Non-traditional dwelling units must meet minimum square footage requirements and be accompanied by a Georgia certified engineers set of stamped blueprints confirming said dwelling can be built to International Building Code (IBC).

Nuisance means anything that interferes with the use or enjoyment of property, endangers public health or safety, or is offensive to the senses or anything that causes hurt, inconvenience or damage to another, even though it may otherwise be lawful.

Nursing home means a longterm care facility which admits patients by medical referral and provides for continuous medical supervision via 24 hour-a-day nursing care and related services in addition to food, shelter, and personal care. A nursing home may be licensed as a skilled nursing facility, an intermediate care facility, or an intermingled facility.

Off-street means not located on a street as defined by this chapter.

Office means a building or portion thereof wherein predominantly administrative, professional or clerical operations are performed and not involving retail sales or other sales of any kind on the premises.

Official zoning map means the map, which accompanies the zoning ordinance text that delineates the geographic location of the boundaries of zoning districts established in this chapter in relation to natural features, manmade features and/or property uses.

Open air business means any commercial establishment that displays products in a nonenclosed area.

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

Original tract of land means any parcel of land conveyed by deed or other legal document that has not been subdivided for a period of five years or more from the date that said tract was originally conveyed. A division of land resulting from the settlement of an estate shall be considered to be an original tract of land immediately upon conveyance.

Outdoor display means the keeping of any goods, junk, material or merchandise outside of a business, building or establishment or in an area visible from a public street for display, advertisement or purposes of attracting rental or sales. Such definition shall not be construed as to include the temporary loading or unloading of such goods, junk, material or merchandise to or from an enclosed area.

Outdoor storage means the keeping of any goods, junk, material, merchandise, or commercial vehicles in the same outdoor place for more than 24 hours.

Park model means a transportable dwelling structure, primarily designed for long-term or permanent placement, which can be permanently or temporarily connected to utilities such as electricity, water and sewer/septic, and being less than 550 ft ² in area on the main floor (excluding lofts and second stories).

Parking lot means any public or private open area used for the express purpose of temporary parking of private motor vehicles. A parking lot may be the principal use on a given lot or an accessory use to the principal use on a given lot.

Parking space means an area having an area of at least 200 square feet and 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary parking space for a motor vehicle.

Permitted use means a use which is specifically authorized in a particular zoning district.

Person means an individual, firm, partnership, corporation, company, association or institution, including any trustee, assign or other representative.

Personal care means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services.

Personal care home means a building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals, and personal care, for non-family ambulatory adults.

Personal care home, congregate, means a personal care home for adults which offers care to 16 or more persons.

Personal care home, family, means a personal care home for adults in a family-type residence, noninstitutional in character, which offers care to two through six persons.

Personal care home, group, means a personal care home for adult persons in a residence or other type building, non-institutional in character, which offers care to seven through 15 persons.

Photography studio means an establishment engaged in photography for hire for the general public, including but not limited to portrait, passport, wedding and other special occasion photographs.

Planned unit development (PUD) means an overlay or floating form of zoning classification (or development) usually characterized by a unified site design for a number of housing units, clustered buildings, common open space, pedestrian amenities, and a mix of building types and land uses in a more dense setting (recognizing overall density) than allowable on separate zoned lots and maintained as a single entity. When a proposed PUD site plan is approved, then all guidance, recommendations and restrictions are specifically bound to the approved plan.

Planning commission means the the county planning commission as established by ordinance of the governing body.

Pool hall means an establishment containing one or more billiard tables, operated for profit, and open to the general public.

Power plant, private means any facility that uses one or more energy sources, including water power, fossil fuels, biofuels, fuel cells, photovoltaic systems, solar power or other means of electrical generation, to provide electrical energy and/or steam, including equipment, fuel storage and other support facilities related to such power plant. Any such power plant, whether used off-grid or on-grid, shall have a peak generating capacity of not more than 20 megawatts.

Premises means a lot as otherwise used in this chapter.

Public use means any building, structure or use owned and/or operated by the federal government, the state, the county or other county, or other municipality, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as but not limited to the following:

(1)

Government administrative buildings;

(2)

Police and fire stations;

(3)

Public health facilities and hospitals;

(4)

Public works camps;

(5)

Parks and community centers;

(6)

Public roads and streets;

(7)

Airports;

(8)

Water and sanitary sewerage storage;

(9)

Intake, collection and treatment and pumping facilities;

(10)

Public housing facilities;

(11)

Jails and correctional centers.

Recreational vehicle (RV) means a vehicular-type portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel uses.

Recreational vehicle (RV) park means any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers.

Recycling collection center means a principal or accessory use that serves as a neighborhood or regional dropoff point for temporary storage of recoverable resources such as cans, bottles and newspapers, but specifically excluding processing of such resources.

Recycling plant means a facility in which recoverable resources such as cans, bottles, newspapers and cardboard are recycled, reprocessed and treated to return such products to a condition in which they may again be used in packaging or for production.

Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions of the property which are significant to its historic, architectural and cultural values.

Rehabilitation center means facilities authorized or licensed by appropriate agencies for the primary purpose of rehabilitation of: offenders against the law; persons with drug or alcohol abuse problems; mentally handicapped; and physically handicapped.

Rental cabin means a unit built for the purpose of rental to guests for less than 30 days.

Rental housing means housing occupied by a tenant paying rent to an owner and no part of the rent is used to acquire equity in the property.

Residence for caretaker or night watchman means an accessory residence, located inside or in addition to the principal structure or use of a parcel of land, designed or occupied by security personnel for security reasons only.

Residential district means any residential zoning district as indicated on the official zoning map.

Restaurant means any place or premises used for sale, dispensing or service of food, refreshment or beverages.

Restaurant, drive-in, means any place or premises used for sale, dispensing or service of food, refreshment or beverage to persons in vehicles, including those establishments where customers may eat or drink on the premises.

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

Retail trade establishment, enclosed, means any business offering goods and products for sale to the public, which operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. Incidental repair is also included. The following are considered enclosed retail trade establishments (list is not all-inclusive):

(1)

Convenience stores including the sale of gasoline;

(2)

Paint, glass and wallpaper stores;

(3)

Grocery and miscellaneous food stores including retail bakeries;

(4)

Apparel, shoe and accessory clothing stores;

(5)

Furniture, floor covering and home furnishing stores;

(6)

Household appliance stores;

(7)

Radio, television and computer stores;

(8)

Musical instrument stores;

(9)

Record, tape and compact disc stores;

(10)

Eating and drinking places not involving drive-in or drive-through facilities;

(11)

Drugstores and proprietary stores;

(12)

Liquor stores;

(13)

Used merchandise stores;

(14)

Sporting goods and bicycle shops;

(15)

Book, art and stationery stores;

(16)

Hobby, toy and game shops;

(17)

Jewelry, gift, novelty, souvenir and antique shops;

(18)

Camera and photographic supply stores;

(19)

Luggage and leather goods stores;

(20)

Sewing, needlework and piece goods stores;

(21)

Catalog and mail order stores;

(22)

Florists;

(23)

Tobacco stores;

(24)

Optical goods stores;

(25)

Newsstands;

(26)

Automotive parts stores not involving repair;

(27)

Video rental and sales stores;

(28)

Watches and clocks stores;

(29)

Pawnshops;

(30)

Convenience stores with or without retail gasoline sales.

Retail trade establishment, unenclosed, means any business offering goods and products for sale to the public, which does not operate entirely within a structure containing a roof and walls on all sides, and which all or a portion of the goods and products are displayed and/or stored, or business transacted, in the open-air or other shelter not completely enclosed. The following are considered unenclosed retail trade establishments (list is not all-inclusive):

(1)

Lumber and building materials;

(2)

Retail nurseries and garden supply stores;

(3)

Mobile and manufactured home/modular building dealers;

(4)

New and used car, truck, boat, recreational vehicle, camper, motorcycle, and other motorized vehicle sales and leasing;

(5)

Eating and drinking places including drive-in and drive-through facilities;

(6)

Fuel oil and liquefied petroleum dealers;

(7)

Agricultural implement and equipment sales and rental;

(8)

Christmas tree sales; flea markets; monument sales establishments;

(9)

Automatic teller facilities;

(10)

Gas stations;

(11)

Produce stands;

(12)

Firewood sales.

Rezoning means an amendment to or a change in the official zoning map. Rezoning applications may be considered conditional uses and permitted as such. Applicants must present all required documents, site plans, and plats prior to any rezoning being granted.

Right-of-way means that area, distinguished from an easement, which is owned in fee-simple title by the governing body or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.

Roominghouse means a building where, for compensation, lodging only is provided.

Sanitarium means a hospital used for treating chronic and usually longterm illness.

Satellite dish antenna means a round, parabolic antenna intended to receive signals from orbiting satellites and other sources.

School means a facility that provides a curriculum of elementary and secondary academic instruction. A school is considered public if operated by a unit of government.

School, trade, technical, business, means an establishment in which is offered, for compensation, instruction in a trade, craft, technical field, or business skills.

Screening means a method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides yearround maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first story window on an abutting lot. Screening methods include opaque fences, walls, hedges, berms and other features.

Semipublic use means any building, structure or use owned and/or operated by private utilities or private companies for a public purpose, or which is reasonably necessary for the furnishing of adequate service by such utilities, such as but not limited to the following: underground or overhead gas, electrical, steam or water distribution or transmission lines or systems, electric power substations, wires, towers, cables, and poles, railroad facilities and bus and air terminals.

Septic tank means an approved watertight tank designed or used to receive sewage from a building sewer and to affect separation and organic decomposition of sewage solids, and discharging sewage effluent to an absorption field or other management system.

Service, automotive, means an establishment providing services and repairs to motor-driven vehicles, including but not limited to: rental car facilities; automobile parking lots; top and body, paint, automotive glass, transmission, and tire repair shops; carwashes, including automated and full service facilities; oil change and lubrication.

Service establishment, business, means a facility engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to:

(1)

Advertising agencies;

(2)

Photocopying, blueprinting and duplication services;

(3)

Mailing agencies;

(4)

Commercial art and graphic design;

(5)

Disinfecting, exterminating and pest control;

(6)

Personnel supply services and employment agencies;

(7)

Computer and data processing services;

(8)

Detective, protective and security system services;

(9)

Accounting, auditing and bookkeeping services;

(10)

Publications and business consulting firms;

(11)

Food catering, interior decorating, real estate and insurance offices.

Service establishment, personal, means a facility engaged in the provision of services to persons and their apparel, including but not limited to:

(1)

Barbershops and beauty shops;

(2)

Coin-operated and full-service laundries and dry cleaners;

(3)

Photographic studios;

(4)

Shoe repair and shoeshine parlors;

(5)

Dance studios, schools and halls;

(6)

Specialized instructional studios and schools;

(7)

Day care centers;

(8)

Massage parlors;

(9)

Travel agencies.

Service, health, means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services; offices of doctors, dentists, physical therapists, and other medical practitioners.

Service, lodging, means a facility which offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including but not limited to:

(1)

Hotels, motels and motor hotels;

(2)

Roominghouses and boardinghouses;

(3)

Bed and breakfast inns;

(4)

Recreational vehicle parks and campgrounds.

Service, miscellaneous, means those service establishments not otherwise specifically classified, including but not limited to:

(1)

Animal hospitals and veterinary clinics;

(2)

Funeral homes, mortuaries and mausoleums;

(3)

Construction contractors establishments not involving outside storage of vehicles or materials;

(4)

Palm reading and fortunetelling;

(5)

Pet grooming, pet psychologists, dog obedience schools;

(6)

Taxidermists; and

(7)

Locksmiths.

Service station means any building, structure or land used for the retail sale of motor vehicle fuel, oil, accessories, and motor vehicle servicing, except that major repairs, body repairs, and painting of motor vehicles shall not be considered motor vehicle servicing.

Setback means the minimum horizontal distance between a street, alley, or the property boundary lines of a lot and the front, rear, or side lines of a building located on that lot.

Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking on the property.

Short-term rental means the renting or leasing of a detached, attached or semi-detached single-family dwelling unit or any part thereof, not including a bed and breakfast or an inn, where the term of occupancy, possession, or tenancy is less than 30 consecutive calendar days. Renting or leasing, as used herein, means the payment of compensation, money, rent, or other, bargained for consideration in exchange for occupancy, possession or use of the property.

Sign means any writing, pictorial presentation, illustration, or decoration, flag, banner or pennant or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known, and which is designed to be visible from any street or adjoining property, except for house numbers and address numbers and nonbusiness letters on mailboxes. For the purposes of these regulations, any sign not visible from a street or adjoining property or any sign within a business, office, mall or totally enclosed area is exempted from these regulations, as are all approved traffic control signs and devices.

Sign, animated, means any sign of which all or any part thereof visibly moves in any fashion whatsoever; and any sign which contains or uses for illumination any light, lights or lighting device which change color, flash or alternate, show movement or motion, or automatically change the appearance of said sign or any part thereof.

Sign area means the entire area within a rectangle, circle, triangle, or parallelogram enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign consists solely of lettering or other sign elements printed or mounted on a wall of a building without any distinguishing border, panel, or background; any blank rectangular area which consists of ten percent or more of the area of the sign as otherwise computed shall be disregarded. All of the lettering and other sign elements printed or mounted upon a wall of a building without any distinguishing border, panel, or background and pertaining to the same enterprise shall be treated as a single sign for purposes of area computation. Where a sign has two or more faces, the area of all faces shall be counted as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

Sign, bench, means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Sign, construction, means any sign giving the name and location of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed.

Sign, directional, means a sign temporarily or permanently erected on a site other than that to which persons are directed (off-site) which denotes the route to a particular business or other destination.

Sign, flashing, means a sign designed to attract attention through the use of a flashing, changing, revolving or flickering light source, or through a change in light intensity.

Sign, freestanding/ground, means a permanently affixed sign which is wholly independent of any building for support.

Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.

Sign, identification, means a sign which depicts the name and/or address of a building, subdivision or establishment on the premises where the sign is located as a means of identifying said building, subdivision or establishment.

Sign, internally illuminated, means a sign illuminated with a light source which is enclosed within the sign and viewed through a translucent panel.

Sign, mansard, means a sign attached to or erected against a mansard or marquee of a building, with the face horizontally parallel to the building wall. Since said sign is mounted parallel to and within the limitations of the building wall on which same is mounted, such sign is deemed to be a wall sign and not a roof sign.

Sign number means for the purposes of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related and composed to form a single unit. A ground sign with sign surface on both sides of such sign shall be construed as a single sign, and the total area of such sign shall be the area computed on a single side.

Sign, off-site, means any notice or advertisement, pictorial or otherwise which directs attention to goods, commodities, products, services, entertainment or other items that are not sold or offered upon the premises where such sign is located, except that government notices shall not be considered off-site signs.

Sign, on-site, means any notice or advertisement, pictorial or otherwise which directs attention to goods, commodities, products, services or entertainment sold or offered upon the premises where such sign is located.

Sign, political, means a sign which announces, promotes or advertises the name, program, or political party of any candidate for public office, or an opinion regarding a public referendum.

Sign, portable, means a sign, whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols. Even though the wheels or supports of such sign should be removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, such sign shall retain its character as a portable sign based on its original design unless modified to change its original design through incorporation into a permanent ground sign.

Sign, projecting, means a sign other than a wall sign affixed to any building or wall whose leading edge extends more than one foot beyond such building or wall.

Sign, real estate, means a temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, for lease or for sale.

Sign, roof, means any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

Sign, sandwich, means any sign, double or single-faced, which is portable and may readily be moved from place to place, but not including portable signs as defined herein.

Sign, special event, means a temporary outdoor advertising sign announcing special activities, events, or shows to be held in the near future within the community which are open to the general public, not including political information or advertising for an individual business.

Sign structure means any construction used or designed to support a sign.

Sign, wall, means a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.

Sign, window, means any sign painted or placed inside or upon a door or window facing the outside and which is intended to be seen from the exterior, which is devoted to operational aspects of a business or other establishment (i.e., open, closed, out-to-lunch, no smoking, etc.) and which may contain general advertising material.

Site plan means a graphic illustration, two-dimensional, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.

Slaughterhouse means an establishment where animals are killed, butchered, prepared for further processing, or processed in a final form.

Solar energy system (SES) means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the Rabun County zoning ordinance, SES refers only to (1) photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device or (2) solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the Rabun County zoning ordinance excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity. Also known as 'solar farms.

Solid waste means discarded putrescible and nonputrescible waste, except water-carried body waste and recovered materials, and shall include:

(1)

Garbage;

(2)

Rubbish such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage;

(3)

Ashes;

(4)

Street refuse;

(5)

Dead animals;

(6)

Sewage sludges;

(7)

Animal manures;

(8)

Industrial waste, such as waste materials generated in industrial operations;

(9)

Residue from incineration;

(10)

Food processing wastes;

(11)

Demolition wastes;

(12)

Abandoned automobiles and boats;

(13)

Dredging and construction waste.

Story means that portion of a building comprised between a floor and the floor or roof above.

Street means a public or private thoroughfare which is open to the general public and which affords the principal means of access to abutting property.

Street, arterial, means unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan or zoning map and designated by the county planning commission, those streets and highway facilities, including full and partial access controlled highways and major urban area entrance highways, which are designed to carry the highest traffic volumes and the longest trips through and within an urban area.

Street, collector, means unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, those streets that collect traffic from minor streets or other collector streets and channel it to the arterial system.

Street, public, means a dedicated and accepted public right-of-way which affords the principal means of access to abutting properties.

Street, residential, means streets within a residential neighborhood or subdivision.

Structure means anything constructed or erected, the use of which requires more or less permanent or semipermanent location on the ground, or which is attached to something having more or less permanent location on the ground, not including utility poles, but specifically including tents, bleachers, gasoline pumps, recreational vehicles, travel trailers signs, and structures from which products are vended and similar objects.

Subdivision.

(1)

The term "subdivision" means the division of a parcel or tract of land into any number of smaller tracts, lots or parcels for ready sale to the general public. For the purposes of this chapter, the term "subdivision" shall not include the division of property for the following:

a.

Land division resulting in three parcels or less. Subdivision shall include adjoining parcels when added or included in the scheme to sell parcels to the general public.

b.

Land divided solely for the purpose of dividing an estate or inter-family transfers between parents, children and grandchildren or their spouses.

c.

Parcels of three acres or larger regardless of the number of parcels. Roads must be constructed as outlined in Exhibit A. Roads must also be approved by the county commissioners, or their designee.

(2)

The term "subdivision" shall include adjoining parcels when added or included in the scheme to sell parcels to the general public. A lot or parcel obtained in the normal course of business by a parent, child or grandchild of the owner shall not be exempt from previous regulation because of the relationship.

Taxicab station means an establishment engaged in furnishing passenger transportation by automobile or van, not operating on regular schedules or between fixed terminals and containing space for taxi cab fleets and related office facilities.

Temporary use means a use intended for a specified limited duration.

Tiny house means a transportable dwelling structure, primarily designed for long-term or permanent placement, which can be permanently or temporarily connected to utilities such as electricity, water and sewer/septic, and being less than 550 ft ² in area on the main floor (excluding lofts and second stories).

Tower means a structure that is intended to send and/or receive radio, telephone, or television communications.

Townhouse means one of a group of three or more attached dwelling units under fee-simple ownership.

Transitional use means a permitted use, building or structure that by nature or level and scale of activity acts as a transition or buffer between two or more incompatible uses.

Transportation, communication and utility facilities means including but not limited to the following:

(1)

Bus passenger stations and terminals;

(2)

Airports, heliports and helistops;

(3)

Taxicab and limousine services;

(4)

Radio and television studios and broadcasting towers;

(5)

Recycling collection centers;

(6)

Truck stops and truck terminals;

(7)

Trucking and courier services;

(8)

Marinas;

(9)

Railroad facilities;

(10)

Gas, electric, water supply services;

(11)

Emergency medical services;

(12)

Ultralight flight parks.

Travel trailer means a portable dwelling or lodging unit having no other foundation than wheels, distinguished from a mobile or manufactured home, designed for shortterm travel, recreational or vacation use, including pickup campers and motor homes.

Tree means any self-supporting, woody perennial plant having a single trunk diameter of two inches or more which normally grows at maturity to an overall height of a minimum of 15 feet.

Truck terminal means an area where cargo is stored for routing or reshipment and where trucks load and unload cargo on a regular basis, or an area in which semitrailers and/or trucks are parked and stored.

Truckstop means an area principally devoted to the service of refueling, temporary storage or parking of trucks, including accessory buildings, structures and uses such as restaurants.

Underground storage tank means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.

Unenclosed area means any area of a given lot or structure which is not covered with a roof and protected by opaque walls on each of the sides of said area or structure.

Use means any purpose for which a building or structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

Utility means public or private water and sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, cable television lines, roads, driveways, river/lake access facilities, stormwater facilities, railroads, airports and bus terminals.

Variance means a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Warehouse means a building or group of buildings for the storage of goods or wares, with controlled access to contents.

Wedding venue means any building and/or premises used for the purpose of marriage ceremonies or similar such uses for profit, in which food and beverages may be served to guests. The term "wedding venue" shall not include places of worship.

Wholesale distribution means an establishment engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

Windmill means a mill or machine powered by the wind.

Winery means enterprise in which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and:

(1)

Is located on premises which are primarily used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or

(2)

Is owned and operated by persons who are primarily engaged in the production of the agricultural produce used in its annual production.

Wrecked motor vehicle compound means an area used to store disabled motor vehicles until such time as their disposition (either by junk, salvage or repair) has been determined by the insurance company, the owner of the vehicle, or his legal representative.

Yard means a space on the same lot with a principal building, which is open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area unless otherwise specified by these regulations.

Yard, front, means a space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage may be considered front yards. In the case of double frontage lots, the spaces as defined herein may both be considered front yards.

Yard, rear, means the space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard sale means the temporary sale of home furniture, appliances, clothing and/or domestic items owned by an occupant of a residential dwelling and taking place on the premises on which such occupant resides, whether in the yard or in a carport or garage, usually as a result of the occupant moving/relocating to another place of residence. Yard sales which do not take place on the premises on which such occupant resides are considered open-air businesses.

Yard, side, means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Yurt means portable, wood lattice-framed dwelling structure covered by material such as felt or canvas.

Zero lot line means the location of a building on a lot in such a manner that one or more building sides have no side building set back and rest directly on a side lot line.

Zoning means a legislative procedure in which the community is divided into districts or zones within which permitted uses, and in some cases conditional uses, are established as well as regulations governing lot size, bulk, height and other development requirements.

(Ord. of 8-28-2007(1), § 31; Ord. of 11-27-2007; Ord. of 08-28-2018(2), 8-28-2018; Ord. of 12-27-2022; Ord. of 12-19-2023 (1); Ord. of 10-24-2023(1))

Any person who does any act prohibited by this chapter, or who fails to discharge any duty imposed hereby, shall be guilty of a violation of a county ordinance, and subject to the process of the county magistrate court, and, upon conviction, shall be punished by a fine not less than $500.00, or by confinement in the county jail not to exceed 60 days, either fine or confinement, or both, in the discretion of the magistrate court. Each day the violation continues shall constitute a separate offense. It shall be the duty of the county marshal, to enforce the provisions of this chapter. Upon information constituting probable cause made known to any person authorized to enforce the provisions of this chapter that a violation of same has occurred, a citation and summons may be issued to the alleged violator requiring him to appear before the county magistrate court, on a day and time certain, to answer the charge contained herein. In addition to the legal remedy in this section, the county may proceed in equity to obtain an injunction to any threatened construction or seek any other available equitable relief for any violation of the terms or intent of this chapter.

(Ord. of 8-28-2007(1), art. XIX)