These regulations shall be known and may be cited as the "Stephens County Land Use Regulation Ordinance."

(Ord. No. 2024-17, 7-23-2024)

(a)

Words given customary meanings. For the purpose of interpreting this chapter, certain words or terms are herein defined. All other words used in this chapter shall carry their customary meaning.

(b)

Interpretation of certain terms and words.

(1)

Words used in the present tense include the future tense.

(2)

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

(3)

The word "person" includes a firm, copartnership or corporation.

(4)

The word "lot" includes the words "plot" and "parcel" and "tract."

(5)

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

(6)

The word "shall" is always mandatory, and not merely directory.

(7)

The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(c)

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

Accessory building. A building that is used for another purpose other than the purpose of the principal building on a lot.

Accessory dwelling. An accessory structure to a dwelling, single-family attached or detached, that meets the following development standards:

(1)

Accessory dwellings are permitted within the principal dwelling or as a freestanding dwelling in the following zoning districts: RS, AR.

(2)

There shall be no more than one accessory dwelling per residential lot or parcel.

(3)

The accessory dwelling may be located in a second floor over a detached garage or may be a separate structure.

(4)

The accessory dwelling shall comply with all building and health code standards and must be issued a valid certificate of occupancy.

(5)

A detached accessory dwelling shall be located only within the rear yard.

(6)

The accessory dwelling shall comply with all minimum setbacks set forth within this chapter.

(7)

An accessory dwelling is limited to two bedrooms, two baths, and one kitchen.

(8)

There shall be no separate utility accounts.

(9)

An accessory dwelling must contain no more than 649 square feet.

(10)

A principal use must be in place prior to the establishment of an accessory dwelling.

Accessory structure. A structure that is used for another purpose other than the purpose of the principal use.

Antique shop. Any business that sells, at retail, merchandise which is at least 50 years old where such merchandise reflects the architectural, design, or construction aesthetic of a particular historical period, person, or geographical area as distinguished from used retail merchandise, used automobiles, junk or other articles that would otherwise be sold at specialty shops, flea markets, bazaars or variety shops as defined herein. In any antique shop as defined herein, new or reproduction goods, which have been made to resemble antiques, shall not make up more than 25 percent of the business's inventory.

Basement. A story partly underground but having at least one-half of its height above the average level of the adjoining ground.

Bazaars. Any meeting place, either temporary or permanent, where retail or wholesale business is conducted in junk as defined herein, used merchandise, used merchandise or junk sold on consignment, and/or new merchandise.

Board of commissioners. The duly elected governing authority of Stephens County, Georgia also known as county commissioners.

Boardinghouse. Any dwelling in which more than two persons are lodged on a continuous basis and served meals for compensation.

Boundary line. A line that indicates or delineates a boundary between properties, districts or other land areas. The term boundary line is synonymous herein with lot line and property line.

Building. Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattels.

Building, accessory. A building subordinate in nature, extent or purposes to the principal building on a lot, and used for purposes customarily incidental to those of the principal building.

Building, alteration of. Any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, any addition to a building, or movement of a building from one location to another.

Building, front line of. A line parallel to the street, intersecting the foremost point of the building, excluding steps.

Building, principal. A building in which is conducted the main use of the lot on which the building is located.

Camper. A type of recreational vehicle typically smaller in size designed for temporary accommodation and travel often towed behind a vehicle or affixed to the bed of a pickup truck or other vehicle.

Cellar. A story partly underground and having more than one-half of its height below the average level of the adjoining ground.

Clinic. A building used by a group of doctors or dentists for the medical examination or treatment of persons on an outpatient, or nonboarding basis only.

Club. A building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to those members and their guests. The serving and selling of food and alcoholic beverages may be permitted, providing that adequate kitchen facilities are available and that any sales are in accordance with federal, state and municipal laws.

Collector street. A collector street is a street that functions as a feeder from a region of limited traffic to a major highway or street. These streets are designed to give access to residential areas. Collector streets can either be major streets or minor streets.

Commercial nursery. A place where young trees or other plants are raised for transplanting, for sale, or for experimental study or for other purposes and done, or acting with the chief emphasis on salability or profit.

Condominium. A type of joint ownership applying to buildings (usually apartment buildings) in which dwelling units or enclosed spaces are individually owned, each owner receiving a recordable deed enabling him to sell, mortgage, exchange, etc., his enclosed area or apartment independently of owners of other areas or apartments; and further applying to an undivided interest in common areas and facilities.

Crematorium. A furnace or establishment for the incineration of corpses and where cremations are done.

Curb break. Any interruption, or break, in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.

Dwelling. A building, or portion thereof, designed, arranged or used mainly for residential occupancy, but not including trailers, mobile homes or recreation vehicles.

Dwelling, one-family. A building designed, arranged or used exclusively for occupancy by one family.

Dwelling, one-family attached. Any dwelling in a structure which consists entirely of dwellings each of which is attached to one or more other dwellings, has its own separate entrance from the exterior of the building, and has an adjacent ground level outdoor area for the exclusive use of its occupants.

Dwelling, multifamily. A residential building designed, arranged or used for occupancy by three or more families living independently of each other.

Dwelling, two-family. A building designed, arranged or used for occupancy by two families living independently of each other.

Dwelling unit. A dwelling, or portion thereof, providing complete living facilities for one family.

Family. One or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, exclusive of household servants. A number of persons but not exceeding three living and cooking together as a single nonprofit housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family.

Farm animal. Any animals kept for use or profit, including but not limited to, cattle, horses, swine/pigs, poultry, llamas, rabbits, mink, alpaca, goats, sheep, donkeys, ducks, bison, buffalo, emu, geese, honey bees, turkey, yak, mules.

Feed lot. A type of animal feeding operation used in intensive animal farming in which animals are kept in close proximity with the goal of growing and/or fattening the animals until they reach slaughter weight.

Flea market. Any retail or wholesale business which buys, sells, exchanges, or accepts for sale on consignment junk, as defined herein, or used merchandise less than 50 years old.

Floodplain. An area identified by the U.S. Army Corps of Engineers or other surveying agencies as subject to flooding once every 100 years and necessary for the flow of floodwaters.

Floor area. The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches and balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating those uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to those uses.

Frontage. The length of the front lot line.

Garage. An accessory building or portion of a principal building used for vehicular storage only, and having a capacity adequate to accommodate the automobiles or light trucks owned and registered in the name of the occupants of the principal building.

Gasoline service station. Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise serving motor vehicles. However, major mechanical or body repair, customarily known as a repair garage, shall not be included in this definition.

Home occupation. Any accessory use of a commercial service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of the secondary use, where there is no group instruction, assembly or activity, where no power other than that used in the home is used, no signs other than a name plate not in excess of one square foot in area is displayed, no merchandise or other articles are stored in the open or in accessory resident buildings or are displayed for advertising purposes, no assistants other than family members and one employee not related by blood or marriage to the property owner(s) are employed.

Height. The distance between the eaves of a building and the average ground line across the front of the building.

Junk. Items including, but not limited to, waste, secondhand materials and merchandise less than 50 years old, scrap iron and other metals, paper, rugs, tires, bottles, broken items, and items in disrepair which are unserviceable for their originally intended purpose.

Junkyard. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Kennel. Any building or land used, designed or arranged for the boarding, breeding or care of dogs for a fee.

Kindergarten school. Any building used routinely for the daytime care or education of preschool age children, and including all accessory and play areas.

Labor pools.

(1)

Labor pool means a business entity which operates by:

a.

Contracting with other entities or persons to supply them with temporary employees for short term assignments of casual labor;

b.

Hiring persons to fulfill these contracts for short term assignments of casual labor; and

c.

Employing each individual employee no longer than the time period required to complete the assignment for which that individual employee was hired, although an individual may be eligible for rehire when additional temporary assignments are available.

(2)

A business entity which fulfills any contracts in accordance with this subsection is a labor pool, even if the entity also conducts other business.

(3)

"Labor pool" does not include a temporary help service that requires advanced applications, job interviews and references.

(4)

Short-term assignment of casual labor means a work assignment for a term of 40 hours or less involving work for which neither the entity nor the person contracting or arranging for temporary employees requires any of the following from any such employees:

a.

A professional or occupational license which requires for its issuance a demonstration of knowledge or proficiency and which is issued by the state or a political subdivision of the state;

b.

A high school diploma or its equivalent;

c.

Education beyond high school;

d.

Vocational education;

e.

Demonstrated proficiency with a specified type of machinery; or

f.

Training before the assignment or on the job which exceeds one hour.

This subsection shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment.

Livestock. Animals, including but not limited to, cattle, sheep, horses, swine, pigs, poultry, goats or other useful animals, raised for home or other use, for profit, for sale, for food or other products, commonly kept or associated with a farm.

Lodge. See "Club."

Lot. A portion or parcel of land devoted to a single principal use, or occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot, corner. A lot fronting on two or more streets at their intersection.

Lot coverage. The total horizontal ground area of a lot covered by all buildings on the lot and which is not open to the sky.

Lot coverage, maximum. The maximum permitted ratio of lot coverage to usable area of the lot. Usable area shall not include floodplains or slopes in excess of 30 percent grade.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured perpendicular to the front lot line.

Lot, double frontage. An interior lot having frontage on two parallel or approximately parallel streets not intersecting at a point common with the boundary lines of lot.

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

Lot, flag. A lot configuration where the perimeter lot geometry reflects the shape of a "flag" or "panhandle" and where no part of the property fronts along a street except for the driveway.

Lot line, front. The lot line coincident with a street right-of-way line.

Lot, panhandle. See flag lot.

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

Lot width. The horizontal distance between the side lot lines, measured at right angles to the depth.

Manufactured home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC § 5401 et seq. ("HUD Code"), effective June 15, 1976, which, as of March 19, 1996, means the following: 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 built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the HUD Code.

Noxious odors. Any odor that would be considered objectionable to the average person.

Nursery. Any building or lot, or portion thereof, used for the cultivation or growing of plants, and including all accessory buildings.

Nursing home. Any rest home, personal care home, convalescent home or home for the aged and any place devoted primarily to the maintenance and operation of facilities for treatment and care of any persons suffering from illness, diseases, deformities or injuries, not requiring extensive or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing, convalescent, counseling or chronic care.

Parkway. A broad thoroughfare with a dividing strip or side strips planted with grass, trees, etc.

Patio houses. A type of single-family attached dwelling unit which covers the entire lot by combining front, side and rear yards into one "landscaped patio" bordered on two sides by the house, and on the other two sides by ornamental brick or stone walls at least seven feet in height. Windows are located at the front of the house and usually glass walls are adjacent to the patio. Units are built abutting each other, making common use of three of the enclosure walls.

Personal wireless service facility (PWSF). Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other wireless communications, including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. The following developments shall be deemed a PWSF: new, mitigated, or existing towers, public towers, replacement towers, collocation on existing towers, attached concealed and non-concealed antenna, concealed towers, and non- concealed towers (monopoles, lattice and guyed}, and certain towers constructed for OTARD purposes which (a) are not "customer-end" installations designed to permit reception of fixed wireless communications and exceed 70 feet in height, or (b) are "customer-end" installations for reception of fixed wireless communications but exceed 47 feet in height.

Planned unit development (PUD). A PUD is a land development project which is planned as one entity, grouping dwelling units into clusters providing an appropriate amount of land for open space, mixed housing types and densities. Many development and dimensional requirements are generally waived and land use intensity and design criteria are applied through a site plan review process.

Principal building. A building or combination of buildings of chief importance or function on a lot. In general, the principal use is carried out in a principal building.

Recreational vehicle. A type of vehicle designed for temporary accommodation and recreational use typically described as providing a self-contained motorhome or coach, though may be used interchangeably to also describe campers or travel trailers.

Restaurants, drive-in. Restaurants oriented to serving the motoring public, where curb service, window pickup or counter service is provided for over ten percent of the customers.

Right-of-way. The term "right-of-way" as used herein shall include deeded right-of-way and if the road or street in question has no deeded right-of-way then all reference to right-of-way shall constitute the outer edge of the maintained portion of a road or street.

Setback, front. The distance from the edge of the right-of-way lines to the nearest point of a building or structure.

Setback, rear. The distance from the rear property lines or rear lot lines to the nearest point of a building or structure.

Setback, side. The distance from the side property lines or side lot lines to the nearest point of a building or structure.

Showstock. Animals held as property and raised for the purpose of public exhibition, whether through a judged event or display in which breeding stock is exhibited.

Single-family attached dwelling. A type of residential development which includes a dwelling unit on a subdivided lot usually individually owned, though attached by a common party wall to another dwelling unit on an adjoining lot.

Specialty shops. Any business that sells, at retail, merchandise that has been previously used or is sold on consignment and has been previously used that sells junk, sells new or reproduction goods which have been made to resemble antiques that make up at least 25 percent of the business's inventory, operates a flea market or bazaar all as defined in this article, or does not sell antiques as defined in this article.

Street. A public way for vehicular traffic which affords primary means of access to abutting property.

Street centerline. A line surveyed at the direction of the board of commissioners or lawful designee and designated as an official street centerline, or in the absence of such line, a line drawn parallel to and midway between the right-of-way lines of any mapped street.

Story. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between any floor and the ceiling next above it. A basement shall be counted as a story for height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet. A cellar shall not be counted as a story for height measurement.

Story, half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of that story.

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to, the following: site-built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, swimming pools, accessory buildings, accessory structures, decks or porches, and fallout shelters. The term "structure" as defined herein shall not include fences, signs or billboards.

Telecommunications facility. See definition of personal wireless service facility (PWSF).

Tower. A structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment. The term "tower" as defined herein does not include telecommunications towers or facilities or personal wireless service facilities.

Travel trailer. A type of recreational vehicle usually including living space, kitchen space, and sleeping quarters designed for temporary accommodation and travel often towed behind a vehicle.

Use, accessory. A use subordinate in nature, extent or purpose to the principal use of a building or lot, and customarily incidental thereto.

Use, conditional. A use of a building or lot that is permitted only if and when the planning commission, and board of commissioners specifically approve that use, and all plans, specifications, written conditions or written restrictions are complied with on a continuing basis.

Used car lot. Any lot or tract used for the storage, display or sale of used automobiles, trucks or other motorized vehicular equipment, including the sales and maintenance buildings incidental thereto.

Use, nonconforming. Any lawful use of a building or lot which does not comply with all of the regulations of this chapter governing the use at that particular location.

Use, principal. The main use of a building or lot.

Variety shops. Any business that sells, at retail, new merchandise except that such a business may have up to 25 percent used merchandise other than antiques, as defined in this chapter, as part of the business's inventory.

Vegetated buffer. An area of natural, existing, or established vegetation designed to separate land use for agricultural or commercial uses from residential uses and traditionally used to mitigate erosion or nuisance concerns.

Yard. An unoccupied space, open to the sky, on the same lot with a building.

Yard, front. A yard measured at right angles from the front lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, rear. A yard measured at right angles from a rear lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, side. A yard measured at right angles from a side lot line to the nearest point of the principal building, exclusive of steps, and extending the front yard to the rear yard.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)