For the purpose of this ordinance, words in the singular shall include the plural, and words in the plural shall include the singular number unless the obvious construction of the wording indicates otherwise. The word "shall" is mandatory. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line relation to which the distance is specified. The word "lot" includes the words "parcel" and "plot"; the word "used" shall be deemed also to include "designed," "intended," or "arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "placed," or "moved." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building." The word "adjacent" means "nearby" and not necessarily "contiguous."

Accessory Building or Accessory Use. A detached, subordinate structure for use such as a garage, workshop and the like, functionally related to, clearly incidental to, and located on the same lot as the principal structure or use.

Adult Entertainment. Performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specific anatomical areas.

Adult Entertainment Establishments. See Sexually Oriented Businesses.

Agricultural Adjacency Waiver. A waiver indicating that the property owner understands that a farm animal operation is existing adjacent to the owner's property and that such use may produce noise, odors, dust and other effects that may not be compatible with the land use on his property if the farm animal operation is constructed closer to the use than provided for in the zoning code of Schley County. The agricultural adjacency waiver shall state that despite such, the owner understands the potential effects on the owner's property and he agrees to sign the agricultural adjacency waiver waiving any objection to such potential effects. The waiver shall state that permits will be issued and processed only on reliance on the owner's agreement not to bring any action against the local government and adjacent property owner operating the farm animal operation for any such effects. Such waiver must be signed by the actual owner of the property and shall be recorded in the real estate records of the Clerk of the Superior Court of Schley County and shall be binding on subsequent landowners.

Agriculture orAgricultural. The bona fide use of a parcel of land of ten acres or more for the cultivation of land, raising of poultry and/or livestock, or for similar agrarian activity including forestry for gain or profit, and the related buildings (e.g., packing shed, feed mill, etc.) structures, and appurtenances associated with or necessary to carry out the aforementioned activities.

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.

Airport. Any area of land or water with airspace certified by the Federal Aviation Administration and designed and set aside for the landing and taking off of aircraft, and utilized, or to be utilized, in the public interest for such purposes. An airport shall include all runways, terminal buildings, hangars, and related facilities located on the airport premises.

Alternative Energy. A form of energy derived from a natural source, such as the sun, wind, tides, or waves also called renewable energy.

Apartment Building. A single structure located on a parcel of land under single or joint ownership, containing four or more independent, residential units with cooking facilities for the sole use of each residential unit.

Automobile Sales Lot. Open premises arranged, designed, or used for storage and display for sale of any motorized vehicle and/or trailer which can be towed legally on Georgia roadways.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Base flood is synonymous with the term "regional" or "100-year" flood.

Bed and Breakfast Home. A residential structure occupied as principal residence by the owner(s) of record wherein lodging or lodging and breakfast only is provided to guests for compensation.

Bed and Breakfast Inn. A bed and breakfast inn is a building or dwelling unit, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation provided.

Biomedical Waste Facility. Any facility or location where the final disposition of any amount of biomedical waste (as that term is defined in O.C.G.A. § 12-8-22, as amended) occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, biomedical waste landfills and biomedical waste thermal treatment technology facilities.

Boarding House. A dwelling in which lodging and meals are furnished for compensation. Maximum occupancy shall be governed by life safety codes.

Buffer. That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space for the purposes of screening and separating properties with incompatible land uses, the width of which is measured from the common property line into a given lot. 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.

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 Height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

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, Principal. The building in which is conducted the principal and primary use of the lot on which the structure is situated.

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 applicable Georgia codes. This term does not include facilities for the care of mental patients, alcoholics, drug addicts, and does not include nursery school.

Caretaker or Employee Residence. An accessory residence (including mobile and manufactured homes) placed on an otherwise occupied tract for use by a bona fide caretaker, employee or the owner himself.

Child Care. A service offered at any place operated by a person, society, agency, corporation, institution, or group where pay is received for group care of minor children (under 18 years of age) for less than 24 hours per day, without transfer of legal custody.

Child Care, Day-Care Center. A place operated and where pay is received for group care for less than 24 hours per day, without transfer of legal custody, of 19 or more children under 18 years of age.

Child Care, Family Day-Care Home. A private residence operated by any person who receives pay for the supervision and care for less than 24 hours a day, without transfer of legal custody, at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. All definitions reflect current State of Georgia definitions.

Child Care, Group Day Care Home. Any place operated by any person or group wherein pay is received for not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

Church. A building in which people regularly assembles for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Club orLodge. Building in which organized religious, fraternal, recreational, social or educational meetings are conducted on a regular, non-profit basis. Fraternal organizations must show that they have received recognition and sanction from a parent group or organization. A private club must show that its membership is limited by either: (a) the use and operation of an amateur athletic facility including but not limited to golf courses, tennis courts, shooting ranges or swimming pools; or (b) residency in a particular subdivision, condominium, apartment project or other residential development.

Conditional Use. A use which is not permitted inherently in a specific district but which may be permitted under specific conditions subject to approval by the Board of Commissioners.

Condominium. A building or building on a single parcel comprised of multiple dwelling units in which each tenant holds full title to his dwelling unit and joint ownership in the common grounds.

Construction Codes. The Georgia Minimum Standard Codes, as amended, eight mandatory construction codes adopted in the Georgia Uniform Codes Act, consisting of the International Building, Residential, Fire, Plumbing, Mechanical, Fuel Gas, Energy Conservation and National Electrical Code. Unless otherwise noted, all construction is to be performed in accordance with the applicable code.

Cul-de-sac. A street which has one end open to traffic and the other end permanently terminated by a circular turn-around.

Day Care Center. An establishment operating for profit which provides care and education for six or more children opened for the major portion of the day or night and in which meals are served.

Designated Official. The Zoning Administrator or other designated official as determined by the Schley County Board of Commissioners.

Drive-In. Any retail or service enterprise wherein a good or service is provided to the consumer on the inside of the principal building and to the consumer while in his motor vehicle through an exterior wall of the principle building. The term "drive-in" includes but is not limited to drive-in restaurants and dairy bars, theaters, banks, laundries, food &[and] beverage stores and car washes.

Dwelling. A building or portion thereof designed or used for permanent residential purposes, not including recreation vehicles, hotels, motels or farm implement buildings, farm storage/shop buildings and all buildings used for animal confinement.

Dwelling, Single-Family Detached. A dwelling containing not more than one dwelling unit that is designed as a single-family household.

Dwelling, Multi-Family. A building designed, constructed, altered for three or more adjoining dwelling units, where the occupants of each individual unit are living independently of each other, with each dwelling unit having a party wall or party floor connecting it to at least one other dwelling unit in the same building. Multi-family buildings may also be townhomes provided they meet all State of Georgia and International Code requirements.

Dwelling Unit. A building or portion thereof, that provides complete living quarters including kitchen, bathroom and living space with all plumbing indoors for one or more persons living in a single housekeeping environment.

Duplex. A duplex is a structure used for residential purposes and consisting of two living units with a common wall.

Easement. A grant to a person or to the public by a property owner of a strip of his land for road right-of-way or other specified purposes.

Equestrian Center. A tract of land of five acres or more on which more than four adult horses are kept for the purpose of training boarding, sale or breeding, or where instruction pertaining to the same is given for a fee. For the purposes of this zoning ordinance, this term includes facilities for riding trails and rings, shows, competitive equestrian events and riding lessons.

Family. A family is a group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit. For the purposes of this ordinance, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in a group living arrangement as a result of criminal offenses or drug and alcohol rehabilitation.

Farm. A parcel of land consisting of a minimum of ten plus acres on which bona fide agricultural and related uses are conducted as specified in "agriculture."

Farm Implements. Includes but not limited to, any tools, machinery, equipment, appliances, devices or apparatus used to perform agricultural operations, except when such implements are intended for sale in the ordinary course of business.

Farm Implement Building. A building that is used to store machinery, farm implements, hay, or other agricultural equipment or products to protect it from the weather during the period of not being used or protection from the environment for an extended period of time. This structure will not be supplied with power or any electrical generating equipment to enhance or add to the overall structure of the building. This will consist of pole construction without walls but not limited to and will be a permanent attachment to the property itself.

Farm Storage/Shop Building. A building without electricity used to temporarily store farm machinery, farm implements, equipment, seed, plants and harvested crops used in agricultural practices from the weather. A building with electricity used to store seed, agricultural products, farm machinery, and equipment and to repair farm equipment.

Farm Stand. A booth or stall located on a farm from which produce and farm products only are sold to the general public.

Farmland, Prime Land. which is best suited to producing food, feed, forage, fiber and oilseed crops produces the highest yields with minimum inputs of energy and money, and results in the least damage to the environment when farmed.

Farm Animal House. Structure designed primarily for the housing of cattle, swine, sheep, emus, etc. for commercial sale of milk or animals.

Fish Farm.

(1)

Commercial. A business enterprise in which the grower's income is derived from harvesting fish in mass, and subsequent bulk sale of large volume catches to one buyer, usually under contract.

(2)

Recreational. A facility in which fishermen catch fish, usually one at a time, for sport and/or food, and in which the owner of the facility may or may not charge for the fish taken.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters, or (2) the unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain. The low-lying and relatively flat areas adjoining inland waters, and including, at a minimum, that area subject to a one percent or greater chance of flooding in any given year.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Flood Zone. Zones as they appear on the Flood Insurance Rate Map (FIRM) in which the risk premium insurance rates have been established by a Flood Insurance Study.

Frontage. That dimension of a lot measured along the front street/road right-of-way line. If said front street/road right-of-way line is curved, then the dimension along the chord of the arc.

Garage, Mechanical/Repair. Building(s) and premises designed or used for the purpose of service or commercial repair of motor vehicles, provided: (1) that all body work and painting shall be conducted within fully enclosed buildings, (2) that the storage of junk, wrecked vehicles, dismantled parts or supplies shall be solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business, and (3) that the storage of junk, wrecked vehicles, dismantled parts or supplies not be visible beyond the premises.

Group Home. A residence under the ownership and supervision of a public educational or governmental institution occupied or intended for occupancy by several unrelated persons or families, and in which cooking facilities are shared among all resident persons or families.

Group Personal Care Home. See Personal Care Home, Group.

Halfway House. A center for formerly institutionalized individuals, such as mental patients, drug addicts, alcohol dependent or previously incarcerated person(s), designed to facilitate readjustment to private life.

Hazardous Waste. Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste, and as that term is defined in O.C.G.A. § 12-8-62, as amended.

Hazardous Waste Facility. Any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste and which has been legally certified, licensed, approved and otherwise sanctioned by the appropriate state and federal agencies.

Health Department. Schley County Health Department.

Hobby Farm. A small farm less than ten acres in size operated for pleasure or supplemental income rather than for primary income. As defined by the IRS a farm is considered a hobby farm if it does not profit in any three of five consecutive years or two of seven consecutive years.

Home Occupation. An occupation or profession conducted entirely within a dwelling and which is carried on by a resident thereof and no more than two nonresidents, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. A Home Occupation does not allow access by the public. A Home Occupation is designed to be less restrictive than a Home Office but more restrictive than a Residential Business in regard to access by the public, size, visibility, number of employees and types of business.

Home Office. An office use conducted entirely within a dwelling which is carried on by an occupant thereof and no other individual, and which is clearly incidental and secondary to use of the dwelling for residential purposes. The office may be for the purpose of service or trade workers who customarily work at various locations, such as electricians, plumbers, appraisers, real estate salespersons, or individuals who work at home, such as writers or computer programmers. There will be no changes that would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other than residential purposes. The office shall be limited to one room of the dwelling and not exceed more than 300 square feet in area. Home Office shall not include any business, which involves the sale, manufacture or repair of merchandise on the premises. Home Offices shall also not include any business requiring access by the public, including, but not limited to, customers, clients or vendors. No outside storage or display, including signs is permitted and no one other than family members who reside on the premises may be employed in the office.

Hospital. Any institution receiving patients and rendering medical care including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic or drug addicted, chronically ill and physically disabled patients are treated or cared for. Such facility shall be legally and properly certified, licensed, approved and otherwise sanctioned by the appropriate state or federal agency.

Hotel. A building where overnight accommodations are provided for ten or more individuals of the general public for compensation and where provisions for cooking are made in a central kitchen and not in individual rooms or suites and where ingress and egress to all rooms are made through an inside lobby or office.

Hunting/Fishing Camp. A location at which permanent and/or temporary housing facilities are located for temporary occupancy by hunters and fishermen.

Industrial Park. A tract of land subdivided and developed according to a comprehensive development plan in a manner which provides a park setting for industrial establishments.

Industrialized Building. A term used in Georgia, "industrialized building" replaces the now obsolete term "Factor-Built Housing" and describes certain manufactured housing regulated by the Georgia Department of Community Affairs. Georgia law defines industrialized buildings as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act" (Georgia Law 1982 (O.C.G.A., Title 8, Chapter 2, Article 2, Part 1). An industrialized building shall meet all requirements of the zoning district in which it is located. The term shall also include modular home and systems built home or unit.

Kennel, Commercial. Any place in or at which more than four 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 purposes.

Laboratory. An establishment or premises where scientific services are provided including testing or analysis of medical, chemical, physical, mechanical, electric or electronic nature, or the calibration of instruments.

Landfill. An area of land on which, or an excavation in which, solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile, as that term is defined in O.C.G.A. § 12-8-22, as amended.

Lodging Home. See Boarding House.

Lot. A parcel of or a portion of land of varying size and shape, described as a single unit of property and held in single ownership by one person or in common ownership by more than one person or corporation. A parcel of land which satisfies the area requirements for the district within which it is located, or on which exists a legal nonconforming use, and has frontage along or legal access to a public right-of-way, and is intended as a unit for transfer of ownership or for building development. A lot shall have a separate tax parcel reference number designated in the office of the County Tax Commissioner and/or the County Tax Assessor.

Lot Line, Front. The front property line coincident with the street right-of-way line. The front lot line of a corner lot shall be the lot line facing the principal building entrance.

Lot, Interior. A lot other than a corner lot.

Lot Line, Rear. The rear lot line is generally opposite the front lot line. If the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

Lot, Substandard. A lot, which does not meet the minimum lot size requirements for the district in which it is located.

Lot Width. The distance between the side lot lines measured at the front building line.

Manufactured Home or Office. A new or used structure, 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 the plumbing, heating, air-condition, and electrical systems contained therein. Such term shall also include any structure which meets all the requirements of this paragraph except size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of Housing and Urban Development and complies with the standards established under the National Manufacturing Housing Construction and Safety Standards established under the National Manufacturing Housing Construction and Safety Standards Act of 1974 as amended, 42 U.S.C. 5401, et seq. Manufactured home shall meet all requirements of Article VII, Section 3 of this ordinance.

Manufactured Home Park. A parcel of land planned and improved for the placement of two or more mobile homes for non-transient use and occupancy or for rental occupancy. The term "park" includes the term "community."

Materials Recovery Facility. A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials suitable for use as a fuel or soil amendment, or any combination of such materials, and as that term is defined in state statute.

Mobile Home. A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on-site, is 320 or more square feet and which is 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 manufactured prior to June 15, 1976.

Modular Systems-Built Home or Building. A factory fabricated dwelling which is constructed in one or more sections and is manufactured in accordance with the Georgia Industrialized Building Act and the rule of the Commission of the Georgia Department of Community Affairs. Each modular home shall meet the standards of an industrialized building and shall bear the seal of approval as issued by the Commission of the Georgia Department of Community Affairs. Modular homes are transported to the site and installed onto a permanent foundation, never having an axel [axle] or a tongue (hitch).

Modular Home A factory fabricated transportable (carted) building consisting of units designed to be incorporated at a building site on a permanent foundation as a permanent structure with the appearance of a conventional, on-site constructed building to be used for residential purposes, bearing a seal of compliance with regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the Manufactured Housing Construction and Safety Standards Act, as amended.

Motel. A building or group of detached, semidetached or attached buildings containing guest rooms or dwellings, typically having separate outside entrances for each guestroom, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the temporary accommodation of individuals or families in transit.

Nonconforming Use. Any use of a parcel or lot of land and/or building which lawfully exists at the time of adoption of this ordinance and which does not conform to the regulations of the district in which it is located.

Nursing Home. An orphanage, rest home, care home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts, and not including day nurseries.

Occupy. To use land or buildings for any length of time for a purpose for which the land or a building or part thereof is used or is intended to be used. Any variation of the term "occupy" shall be encompassed by this definition. Used synonymously with reside, dwell, inhabit.

Open Air Business. Open Air Businesses shall include the following:

1.

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

2.

Retail sale of fruit and vegetables.

3.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation services.

4.

Bicycle, trailer, motor vehicle, boat or home equipment sales, repair service or rental service.

5.

Outdoor display and sale of garages, swimming pools and similar uses.

Park, Community. A parcel of land owned by a unit of government or a private organization and used or intended to be used for recreational or leisure time activities, and which is open to the public at no charge. Such parks may include food or recreational sales as accessory uses.

Personal Care Home. This term refers to a residence providing the protective care of adults who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. See also Group and Personal Care Home, Congregate and Personal Care Home, Family.

Personal Care Home, Congregate. This term refers to a personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to 16 or more person[s].

Personal Care Home, Group. A personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to seven through 15 persons.

Personal Care Home, Family. This term refers to a personal care home for adults in a single-family residence, non-institutional in character and appearance, offering care to two through six persons.

Plat. A sketch, map or survey of a lot, tract or parcel of land depicting the relative positions of all lot lines, street rights-of-way and easements with the dimensions of these features inscribed thereon.

Plat, Development. A preliminary design which shows the proposed layout of a subdivision in sufficient detail to indicate its workability and conformation to the design requirements of the subdivision regulations in all aspects, but not in final form for recording and the details are not completely computed. The development plat shall be approved by the Zoning board prior to any development.

Plat, Final. A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for commission. Streets shown on the plat shall be approved by the board of commissioners prior to recordation.

Poultry House. Structure designed primarily for the housing of chickens, turkeys, ducks or any other fowl for commercial sale of eggs or birds.

Private Road/Way. A private street, drive or road provided solely for those property owners whose property is contiguous to and have a legal right to use. Such is not maintained or acceptable for maintenance by the governing authority but must meet minimum standards.

Public Right-of-Way. A street or road which has been dedicated for public use by deed, plat and/or prescription.

Recreational Use of a Commercial Nature. A building or use which provides entertainment, education, recreation or amusement for profit such as, but not limited to, a health spa, dance hall, bowling alley, skating rink, shooting range, amusement park, private zoo, sports stadium or arena, art gallery, concert hall, swimming pool or drive-in theater.

Recreational Vehicle. A motorized camper, converted bus, tent-trailer or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation, recreation or other trips which provides sleeping accommodations.

Restaurant. An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar, concession stand or refreshment stand at a public or non-profit community swimming pool, playground, park or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.

Residential Business. An occupation or profession conducted within a dwelling, and which is carried on by an occupant thereof and no more than three nonresidents, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. The business may allow access by the public. The Residential Business is designed to be less restrictive than a Home Office or Home Occupation but more restrictive than a Rural Business in regard to access by the public, size, visibility, number of employees and types of business.

Right-of-way Line. The outside boundary of a right-of-way, whether such right-of-way is established by usage, recorded easement, deed, dedication or by the official right-of-way map of Schley County.

Road. A dedicated and accepted public right-of-way which affords the principal means of access to abutting properties.

Rural Business. An occupation or profession conducted within a dwelling, an accessory structure or outside the dwelling and which is carried on by a resident of that property and no more than 15 nonresidents, and which is clearly incidental and secondary to the use of the property for residential dwelling purposes. The business may allow access by the public. The Rural Business is designed to be less restrictive than a Home Office, Home Occupation or Residential Business in regard to access by the public, size, visibility, number of employees and types of business.

Setback. The minimum horizontal distance between the right-of-way line, or the lot line of an adjacent lot, and the front, rear or side lines of a building on the lot with setback restrictions. The term "required setback" means a line beyond which a building is not permitted to extend under the provision of this zoning ordinance establishing minimum depth and widths of yards.

Sexually Oriented Business. Sexually oriented business means any business enterprise that:

•

has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasize matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

•

has one of the following as a regular and substantial business purposes: the providing of entertainment where the emphasis is on performances, live or otherwise that depict, portray, exhibit or display "specific anatomical areas" or "specified sexual activities," or the providing of services that provide "specific sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities" ancillary to other pursuits.

Salvage Yard. The use of any space, whether inside or outside a building, for the storage, keeping, salvage or sale of junk, scrap metals or other scrap materials, including the dismantling, demolition or abandonment of one or more automobiles or other vehicles or machinery or parts thereof.

Shopping Center. A group of commercial establishments planned, developed and owned or managed as a unit with on-site parking and of similar architectural characteristics.

Slow Rate Land Treatment System. A system for wastewater treatment by spray irrigation (land application). The term refers to the advanced treatment of wastewater by irrigation on the land to support vegetative growth. For purposes of this zoning ordinance, the use may include ponds (lagoons) for the temporary storage of the treated wastewater before application to the spray fields.

Solid Waste Handling Facility. A facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste (as that term is defined in O.C.G.A. § 12-8-22, as amended).

Special Flood Hazard Area. Flood prone land subject to a one percent or greater chance of flooding in any given year. In absence of official designation by the Federal Emergency Management Agency, such areas shall be those designated by the Schley County Board of Commissioners.

Street. See Road.

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

Subdivision. The division of a tract, parcel or lot into two or more building sites or other divisions for the purpose, whether immediate or future, of sale, or building development. This includes all divisions of land involving a new street or a change in existing streets and includes a re-Subdivision and, where appropriate, relates to the process of subdividing the land or area to subdivide.

Subdivision, Minor. Any Subdivision containing not more than five lots on an existing street, not involving any new streets or road, or the extension of County facilities, or the creation of any public improvement, and not in conflict with any provision or portion of the Comprehensive Plan or Subdivision Regulations.

Subdivision, Major. All subdivisions not classified as a Minor Subdivision, including but not limited to subdivisions of six or more lots, or any size subdivision requiring any new street or extension of county facilities, or creation of any public improvements.

Townhouse. A residential structure containing three or more attached single-family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, and the units shall have two floors, but without access between adjoining units.

Travel Trailer. A portable, vehicular structure not over eight feet wide by 35 feet long designed as a temporary dwelling for travel, recreational and vacation uses, and which may or may not have kitchen equipment, toilet, lavatory and bathing facilities, but if such facilities are included, a sewage holding tank for sanitary waste is required. Any vehicle designed or converted to a design with plumbing connections for attachment to outside sewage systems shall not be included in this definition.

Travel Trailer Park. A parcel of land which has been planned and developed to accommodate two or more travel trailers, tents or other camping units for temporary occupancy. Maximum length of occupancy of any tenant shall not exceed 60 consecutive days.

Use, Permitted. Those uses specifically listed in this ordinance as "uses permitted inherently" and conditional uses subject to approval by the board of commissioners.

Use, Principal. The principal purpose for which a lot, building or land is designed, arranged, intended, occupied or maintained.

Variance. A grant of relief or other modification of the requirements of this ordinance.

Vehicle. Any device or contrivance for carrying or conveying persons or objects, said device being designed to be self-propelled by its own motor or power.

Water System, Community. A potable water supply and treatment system other than an individual or public water system serving more than one building, residence, manufactured or mobile home or other facility designed or used for human occupancy or congregation. The system is one which is owned by a person or legal entity other than a unit of government.

Water System, Individual. A potable water system other than a community or public water system serving a single building, residence, manufactured or mobile home, or other facility designed or used for human occupancy or congregation.

Water System, Public. A potable water supply and treatment system, other than an individual or community water system, owned by a unit of government.

Zoning Administrator. The official or other designated authority charged by the Schley County Board of Commissioners with the administration and enforcement of this ordinance or his/her duly appointed representative.

Zoning Commission. The public body appointed by the Schley County Board of Commissioners, members of which serve specified terms, responsible for administering the Schley County Zoning Ordinance and, when deemed appropriate, recommending to the Schley County Board of Commissioners specific changes in said ordinance. Also referred herein as "Zoning Board."