Acronyms:

BMP—Best management practices (BMP plan)

BTL—Build-to line

CLOMA—Conditional letter map of amendment

CLOMR—Conditional letter of map revision

CSD—Conservation subdivision development

DBH—Diameter at breast height

DCA—Department of community affairs

DHR—Department of human resources

DNR—Department of natural resources

FAA—Federal Aviation Administration

FCC—Federal Communications Commission

FEMA—Federal Emergency Management Agency

FHBM—Flood hazard boundary map

FIRM—Flood insurance rate map

FIS—Flood insurance study

GSMM—Georgia Stormwater Management Manual

HCWSA—Henry County Water and Sewer Authority

HPB—Historic preservation board

HVAC—Heating, ventilation, and air conditioning

ICWPA—Indian Creek Watershed Protection Area

LBCS—Land based classification standards

LBWPA—Long Branch Creek Watershed Protection Area

MCC—Mayor and city council

MNGWPD—Metropolitan North Georgia Water Planning District

NGVD—National Geodetic Vertical Datum

NWI—National Wetland Inventory

O.C.G.A.—Official Code of Georgia Annotated

PC—Planning commission

PD—Planned development

RFN—Residential fly-in neighborhood

RNC—Rural neighborhood commercial

ROW—Right-of-way

RPZ—Runway protection zone

RV—Recreational vehicle

WCF—Wireless communication facility

WPA—Watershed protection area

Definitions:

For the purposes of this unified development code in addition to their common meanings certain words and terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall" means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun shall be deemed to refer to a person, whether male or female.

To the extent the definition of a term defined herein conflicts with the definition of such term as defined in Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge Municipal Code shall be defined as in the Official Code of Georgia Annotated.

A

"Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.

"Abandonment" means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property.

"Accessory apartment (garage apartment)." See "accessory dwelling."

"Accessory dwelling" means a dwelling unit, which is used for residential occupancy, created within an existing single-family home or on the same lot. It is an independent unit, but it may share an entrance, yard and parking with the principal unit.

"Accessory equipment" means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures.

"Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use.

"Addition to an existing building" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered new construction.

"Administrative variance" means a grant of relief by the administrator from specified standards of the unified development code and where such a waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

"Administrator" means the individual or group responsible for the implementation and enforcement of the ordinance. The planning and community development director, or his/her designee, shall be the administrator for the zoning ordinance.

"Adult day care" means a facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need twenty-four-hour nursing care.

"Adult entertainment establishment" means any establishment featuring live performances, films, still pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and adult video stores.

"Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way parking is available to customers.

"Aircraft" means any vehicle used or designed for flight in the air.

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight.

"Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners, homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F" asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-de-sacs where the alley serves a small number of residences or the topography of the land makes an exit impracticable.

"Alteration" means a change in size, shape, character, occupancy or use of a building or structure.

"Alteration, structural" means any change in the supporting elements of a building such as bearing walls, columns, beams, or girders.

"Amendment" means any repeal, modification, or addition to a regulation; or any new regulation.

"Amenities" means the area(s) set aside for active and passive recreation for the residents inside the development according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities.

"Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD (or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas and other active recreational facilities.

"Amphitheater" means an open-air venue used for entertainment, performances, and sports. An amphitheater is a circular or oval open-air venue with tiered seating surrounding a central open area, while a theater can be either indoor or outdoor and is designed for performing arts.

"Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment.

"Apartment" means a type of multifamily dwelling, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis.

"Apartment building" means a type of multifamily dwelling arranged, intended, designed, or occupied on a rental basis.

"Appeal" means a request for a formal review of an appointed administrative official's decision regarding provisions of this unified development code.

"Applicant," for the purposes of Chapter 8, means a person submitting a post-development stormwater management application and plan for approval.

"Approach surface" means the area longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope.

"Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coin-operated games.

"Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting the weight above it, as in a bridge or doorway.

"Art studio" means an area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery; written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises.

"Artist" means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers.

"As-built plan" means a plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones, and tree replacement areas.

"Assisted living facility" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which could include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

"Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field sports.

"Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority.

"Automobile sales" means the use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a repair nor a body shop.

"Automobile service station" means a building or premises where products necessary for automobile service or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are rendered.

"Automobile wash" means any building or premises or portions thereof used for washing automobiles. The facility for washing automobiles may be self-service, semi-automatic, or automatic application of cleaner, brushes, rinse water, and heat for drying.

"Automotive service, major" means repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major automotive services.

"Automotive services, minor" means repair and maintenance services which require only very brief adjustment and replacement of minor components. Examples of minor automotive services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement and alignment.

B

"Basement" means that portion of a building that is partly or completely below grade where the finished floor level of the floor above the level under construction is:

(1)

Six (6) feet or less above the grade plan.

(2)

Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total building perimeter.

(3)

Twelve (12) feet or less above the finished ground at any point.

"Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six (6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bed-and-breakfast establishment for fewer than thirty (30) consecutive days.

"Bedroom" means a room that has a closet.

"Best management practices" means a collection of structural practices and measures written by a state agency or other known authority which, when properly designed, installed and maintained, will prove effective in the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

"Best management practices plan (BMP plan)" means a plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.

"Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rights-of-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.)

"Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for compensation, of up to six (6) nontransient persons, unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or operator of the house, as defined herein. Foster children placed in a family home, a community residential home with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding and/or rooming house.

"Body shop" means a building or location where motor vehicle repair and/or replacement are performed, including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a major automotive service.

"Boutique hotel" means a facility not exceeding sixty (60) rooms and where overnight accommodation for less than thirty (30) days are provided for compensation. The building shall have interior design compatible with the area in which the hotel is located. The boutique hotel shall provide guests with high quality services, such as, but not limited to, concierge, on-site restaurant, room service, meeting space, business center, banquet facilities, spas, doormen, valet parking, boutiques and/or other amenities. Guest rooms within the building shall contain no equipment for food preparation other than a mini-fridge and/or microwave. There shall be no self-serve laundry facilities (for guests use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels.

"Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The breezeway is to connect each building at an exterior door.

"Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A buffer is maintained and created with the intention to visibly separate different and possible incompatible types of uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other nuisances, or the area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat within a water supply watershed adjacent to reservoirs or perennial streams.

(1)

"Natural/undisturbed buffer" means land area in which there is no disturbance including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature.

(2)

"Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening.

(3)

"Maintained landscape buffer" means land area in which grading is allowed and re-vegetation to a buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer.

(4)

"Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat." The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1.

(5)

"Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying adjacent to the stream.

(6)

"Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property.

"Buffer strip" means land area located within the boundary of a lot required to be set aside and used for landscaping and upon which only limited encroachments are authorized.

"Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to the front property line and is established to create an even (or more or less even) building facade line on a street.

"Buildable area" means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located.

"Building" means any structure attached to the ground with a roof, designed and built for support, shelter, storage, or enclosure for occupancy by persons or animals.

(1)

"Accessory building" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory.

(2)

"Building addition" means any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall.

(3)

"Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot.

(4)

"Building permit" means the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure provided there is no increase in the demand placed on those public facilities as defined herein.

(5)

"Elevated building" means a non-basement building constructed with the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

(6)

"Height of building." See "building height."

(7)

"Principal building" means the building or structure in which the primary use permissible on the lot is conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally independent garage, carport or other structure may be attached to the principal buildings by a roofed breezeway which shall cause the entire structure to be construed as part of the principal building and shall be subject to the sections applicable to the principal building or structure. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building.

"Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located.

"Building height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.

"Built environment" means the elements of the environment that are generally built or made by people as contrasted with natural processes.

"Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.

C

"Caliper" means the diameter or thickness of the trunk of a nursery-grown tree as measured at four (4) inches above the top of the root mass.

"Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a passageway between two (2) buildings.

"Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can be expected to exceed thirty-five (35) feet and whose crown spread can be expected to exceed thirty (30) feet. Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter, measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar stature.

"Capital improvement" means an improvement with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility.

"Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor and city council.

"Care home" means a care facility where personal care services are provided to more than six (6) nonfamily adults. See "personal care home" definition for permitted services and other requirements.

"Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory structure to a dwelling unit. Carports shall not include any parking structures.

"Cemetery" or "cemeteries" means any land or structure in the City of Stockbridge dedicated to and used, or intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or churches when operated in conjunction with and within the boundaries of such cemetery.

"Certificate of occupancy" means a document issued by the director indicating the use of a particular building or land which conforms to the requirements of this unified development code.

"Church or other place of worship" means a building used for public worship including temples, synagogues and related Sunday school or church facilities.

"Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and alcohol in accordance with the alcohol ordinance.

"City" means the City of Stockbridge, Georgia.

"City street" means a street which is owned and/or maintained by the City of Stockbridge.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

"Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area.

"Clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine.

"Club" means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain.

"Commencement of construction, for private development" means initiation of physical construction activities as authorized by a development permit and leading to completion of a foundation inspection or other initial inspection and approval by a public official charged with such duties; and for public projects, means expenditure or encumbrance of any funds, whether they be development impact fee funds or not, for a public facilities project, or advertising of bids to undertake a public facilities project.

"Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand (26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and equipment and school buses shall be excluded from this definition.

"Common area" means land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common area may include complementary structures and improvements.

"Compatibility" means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture.

"Completion of construction" means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued.

"Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning.

"Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs.

"Condemnation" means the taking of private property by a government unit for public use, when the owner will not relinquish it through sale or other means; the owner is compensated by payment of market value. The power to take the property is based on the concept of eminent domain.

"Condition of approval" means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application.

"Conditional use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional use is permanent in nature.

"Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling and an undivided ownership interest, in common with other owners of the common elements of the structure, including the common areas of land and its appurtenances.

"Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses—one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per forty-three thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000) square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet.

"Conical surface" means the surface that extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.

"Conservation easement" means an agreement between a land owner and the City of Stockbridge or other government agency or land trust that permanently protects open space or greenspace on the owners land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

"Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.

"Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

"Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project.

"Construction standard drawing" means the construction standards manual utilized by the City of Stockbridge and related drawings for public improvements.

"Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens, and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are not included in this definition.

"Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building.

"Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.

"County." The use of the word "county" shall mean Henry County.

"County street" means a street which is owned and/or maintained by Henry County.

"Covenant, protective" means a contract entered into between private parties which constitute a restriction on the use of a particular parcel of property.

"Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which constitute a restriction on the use of all private property within a development for the benefit of property owners, and provide a mutual protection against undesirable aspects of development which would tend to impair stability of values.

"Cross access easement" means a limited right to make use of a property owned by another to gain access to another property; a right-of-way across the property.

D

"Dance studio" means a facility designed and used for the professional instruction and rehearsal of dance, including, but not limited to, ballet, tap, jazz, contemporary, ballroom, hip-hop, and other forms of dance that do not include adult erotic dancing. Workshops, private lessons, and classes can all be offered.

"Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools; and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or foster children of the attendant adult or adults when conducted in a principal structure or within a church or school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirty-five (35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a security chain link fence, at least four (4) feet in height. A State license and a county business license are required.

"Density, gross" means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

"Density, net" means the number of dwelling units per acre of land when the average involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space, flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and interchange activity center zoning districts net density can include open space in the calculation as long as open space is used for passive recreation.

"Department" means the City of Stockbridge Community Development Department, as established by the City of Stockbridge City Council, and as operated through the actions and administration of the city manager or his/her designee.

"Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the State's solid waste reduction efforts.

"Development" means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or structure; or the connection of any building or structure to a public utility.

"Development" or "single development" means any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging, filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations, storage of equipment or materials, transportation and filling of land, and any other installation of impervious cover; land development or land development project.

(1)

"New development" means a land development activity on a previously undeveloped site.

(2)

"Post-development" means the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

(3)

"Pre-development" means the time period, or the conditions that exist on a site, prior to the commencement of land alteration, clearing, construction, or other activity that constitutes development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

"Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit.

"Development approval" means written authorization, such as issuance of a building permit, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction.

"Development impact fee" means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it.

"Development of regional impact (DRI)" means a development project, regardless of the mix of land uses, which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction in which it is being constructed.

"Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit.

"Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council.

"Development rights" means a governmentally recognized entitlement to use or develop land at a certain density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other property.

(1)

"Receiving area" means the region or district where development rights may be affixed to property.

(2)

"Receiving property" means the lot or parcel where development rights are affixed, thereby increasing the permissible density or intensity of use on the property.

(3)

"Sending area" means the region or district where development rights may be removed for purposes of transfer to another location.

(4)

"Sending property" means the lot or parcel where development rights are removed, thereby eliminating permissible uses on the property.

(5)

"Transfer of development rights" means the process by which development rights from a sending property are affixed to one (1) or more receiving properties.

"Director" means the director of the department or his/her designee or the person, officer, official, or his authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the administration of the provisions of the unified development code.

"Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

"Drainage structure" means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

(1)

"Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

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

"Drive-in restaurant" means any place or premises used for sale, dispensing or servicing of food, refreshment or beverages in automobiles or other vehicles, including those establishments where customers may consume same on the premises.

"Dwelling" means a building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boarding houses, fraternities, sororities and modular dwellings, but not including hotels or motels.

(1)

"Accessory dwelling" means a dwelling unit established within the principal building or in a separate structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may share an entrance, yard and parking with the principal unit.

(2)

"Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other.

(3)

"Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as townhouses.

(4)

"Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities and one (1) kitchen.

(5)

"Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots which are separated from each other by a coincidental property line and party wall partitions. The structure must meet all front, rear, and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each dwelling unit must be separately metered for all utilities, have access to a public street and the coincidental property line and wall must be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen.

"Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent living, sleeping, toilet and a single kitchen with cooking facilities.

E

"Easement" means a grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage.

(1)

"Conservation easement" means an agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership.

(2)

"Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

"Eave" means the projecting lower edges of a roof overhanging the wall of a building.

"Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix.

"Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity.

"Erosion and sedimentation control plan" means a plan that is designed to minimize and control the accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the "plan."

"Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and tree-type hollies, as well as pines and cedars.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before June 3, 1986.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

F

"Facade" means:

(1)

"Primary (front) facade" means the exterior wall surface(s) across the building front, extending from grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible from any location on the street or main parking area and includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces.

(2)

"Secondary facade" means any exterior wall of a building, other than the primary facade.

"Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house.

"Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products regardless of the quantity or value of production.

"Feepayor" means that person or entity who pays a development impact fee, or his or her legal successor in interest when the right or entitlement to any refund of previously paid development impact fees required has been expressly transferred or assigned to the successor in interest.

"Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not intended for the fattening of animals for slaughter.

"Fill" means a portion of land surface to which soil or other solid material has been added; the depth above the original ground.

"Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Clayton County.

"Finished grade." See "grade."

"Firing range" means a public or privately owned facility designed and operated for the purpose of discharge of rifles, shotguns and handguns at targets within a controlled setting.

"Flag lot." See "lot" definition.

"Flood" (or "flooding") means 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 that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

"Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data, e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond, river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency.

"Flood hazard boundary map" or "FHBM" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A.

"Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is incorporated by this reference as if fully set forth herein.

"Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set forth herein.

"Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan.

"Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA).

"Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

"Floor area" means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area, breezeway, cellar, porch, or verandah.

"Frontage" or "road frontage" means the distance measured along a public street right-of-way, or the main street property line of a lot.

G

"Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1) or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale.

"Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles from the elements while repairs are being made thereto.

"Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure.

(1)

"Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

(2)

"Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed foundation walls of a structure prior to construction.

"Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over a one hundred-foot distance.

"Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

"Greenspace" (or "open space") means any area protected as permanently vegetated land.

"Ground coverage" means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot.

"Ground elevation" means the original elevation of the ground surface prior to cutting or filling.

"Group home" means a residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Group homes are established to assist persons who have left highly structured institutions such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a group home is to allow people to begin the process of reintegration with society, while still providing monitoring and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to incarceration.

"Grubbing" means the removal of stumps or roots from a site.

H

"Hardship" means the presence of some unique or rare condition of land, different in type and extent from other land in the same location or in the same zoning district.

"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

"Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.

"Hazardous waste" means any solid waste which has been defined as "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 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.

"Health and personal services" means establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided.

"Height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.

"Heliport" means a designated area for landing and takeoff of rotorcraft.

"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

"Historic district" means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the mayor and city council as a historic district pursuant to the criteria established in Section 8.37 of this unified development code.

"Historic structure" means any structure that meets one (1) or more of the following conditions:

(1)

Listed individually in the National Register of Historical Places (as maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a State inventory of historic places and determined as eligible under the State historic preservation program which has been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places and determined as eligible under the local historic preservation program which has been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the State has no approved program.

"Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home.

"Hookah" means an oriental tobacco pipe with a long, flexible tube which draws the smoke through water contained in a bowl.

"Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9.

"Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice care treats the person rather than the disease; it focuses on quality rather than length of life. It provides family-centered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week. Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility.

"Hospital" means an institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.

"Hotel/motel" means a building in which lodging along with customary lodging facilities and services, such as meeting rooms, restaurant, housekeeping services and/or center are provided for guests for an average stay of less than thirty (30) days and offered to the public for compensation. Hotel service provisions of food and beverage services suitable for both guests and meeting spaces and selective amenities, such as but not limited to spas, banquet groups, rooms, conference facilities, valet parking, concierge, and on-site restaurant. Guest rooms center and/or within the building shall contain no equipment for food preparation other than a microwave. There shall be no self-serve laundry facilities (for guests' use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels.

I

"Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface.

"Improvements" means physical changes to the land which are necessary to create useable lots including (but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments, changes to existing utilities, and stormwater drainage and detention systems.

"Indoor play space" means play space required inside the principal structure of child care centers set aside for children's recreation and play. The area provided must be at least thirty-five (35) square feet of indoor play space for each child.

"Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14).

"Industrialized building" means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation 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 Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)).

"Inert construction waste" means waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above.

"Infill" means development of vacant or remnant lands passed over by previous development in the area.

"Infrastructure" means manmade structures and systems which serve the common needs of the population, such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.

"Inoperable vehicle" means any motorized vehicle incapable of immediately being driven.

"Inspection and maintenance agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

"Institutional use" means activities for civic, cultural, educational, social, or governmental purposes.

"Interior landscape area" means an area to be landscaped which is located in the interior area of a development or building site where vehicular parking spaces are to be provided or which is otherwise to be covered with impervious surface.

"Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips on frontage roads for access.

J

"Junk/salvage yard" means any use on public streets or private property involving the parking, storage or disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory to other uses of the premises.

"Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does not bear a current State license plate.

K

"Kennel" means:

(1)

"Commercial kennel" means any location which provides boarding and care for dogs, cats, or other small animals for pecuniary gain.

(2)

"Noncommercial kennel" means any single-family residence in the RA zoning district where no more than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting, exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located.

"Kindergarten" means a State-approved institution for the education of pre-school aged children.

"Kitchen" means a room or interior area equipped for preparing and cooking food.

L

"Land development." See "development."

"Land development activities" means those actions or activities which comprise, facilitate or result in land development.

"Land development project" means a discrete land development undertaking.

"Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover.

"Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge.

"Land disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices.

"Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans submitted for development approval when required by the unified development code.

"Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

"Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such terms defined on O.C.G.A. § 16-7-51(6).

"Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and commercial areas, according to the framework plan.

"Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used.

"Lodge" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities.

"Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a subdivision plat, survey map, or metes and bounds.

(1)

"Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2) or more adjacent sides by street right-of-way lines.

(2)

"Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property.

(3)

"Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure.

(4)

"Interior" means a lot other than a corner lot or a through lot.

"Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are illustrated in figure A.1.) [not available]

"Lot line (property line)" means the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot.

"Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which has been recorded in the office of the clerk of superior court of Henry County.

"Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way lines.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this unified development code.

M

"Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet 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 housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.

Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. Manufactured homes may be single- or multi-section and are transported to the site and installed with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act.

"Master development plan" means a written and graphic submission for a mixed-use development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the MU zoning district.

"Mini-warehouse" means a building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

"Mixed use (development)" means a development project that incorporates two (2) or more different types of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

"Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales conducted by charitable organizations incidental to the principal or permitted use or structure on the property.

"Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United States Department of Housing and Urban Development certification) shall be required.

"Mobile home park" means a parcel of land that has been planned and improved for the placement of mobile homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by mobile homes for living or sleeping purposes, including any land, building or structure or facility used by occupants of mobile homes on such premises. A mobile home park does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale.

"Motel" means an establishment where lodging without separate cooking facilities are provided to the public for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous terms include hotel, tourist court, motor court, motor inn, or motor lodge.

(1)

Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and kitchen facilities, intended for overnight or weekly use.

"Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the same lot.

N

"National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

"Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses.

"Natural ground surface" means the ground surface in its original state before any grading, excavation or filling.

"Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.

"Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area, total number of acres contained in rights-of-way and the total number of acres contained in detention or retention ponds to be constructed.

"Nonconformity" or "nonconforming use" means a land use activity, building or structure legally established prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section.

"Nursery school, kindergarten schools." See "day care" definition.

"Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

O

"Open space" means permanently protected areas that are preserved in a natural state and undisturbed land or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space." Land contained within the one hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories" or, singularly, an "open space category"):

(1)

"Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners association;

(2)

"Category B" means improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses;

(3)

"Category C" means improved, active recreation areas, such as swimming pools, tennis courts and playgrounds;

(4)

"Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a property owners association; and

(5)

"Category E" means land donated to a governmental entity for public use, provided such land is not located in a wetland or one hundred-year flood zone.

"Outdoor play area" means an area outside the principal structure designed and set aside for recreation and play in the open air and sunshine and may contain some play equipment. See "child care center" definition.

"Outside storage" means the placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations.

"Overhang" means the edge of a roof that projects out over the space or wall beneath.

"Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or more underlying zoning districts and that superimposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the adoption of this unified development code.

"Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

P

"Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records.

"Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in the unified development code.

"Patio cover" means an attached structure with open, screened or glazed walls which is used only for recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms or habitable rooms.

"Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not permitted as a paved surface.

"Pavement width" means the cross-section width of a paved road measured from edges of pavement.

"Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000).

"Perimeter landscape area" means an area to be landscaped which is located between the buffer area required by the unified development code and the interior landscape area, as defined in the unified development code.

"Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to conduct the activity that was applied for and approved.

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body or any other legal entity.

"Personal care home" means a personal care home is a single home where personal care services are provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements for personal care homes). The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care.

"Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development.

"Pet" means a tame animal kept for companionship or pleasure. In all residential zoning districts the maximum number of pets allowed per residence is four (4).

"Planned unit development" means development which has both residential and nonresidential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities.

"Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼) of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be consolidated, provided that the development contains no fewer than one-half (½) the number required and that any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty (43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use within walking distance of most residences especially those located farthest from amenity areas. Therefore, where required, pocket parks shall be scattered throughout the development but more greatly concentrated in those parts of the development which are the greatest walking distance from an amenity area.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind.

"Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

"Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the main entrance of a building that consists of a roof supported by pillars.

"Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

"Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

"Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

"Principal building" means the building or structure containing or to contain the principal use of a lot.

"Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications. (Also see "WCF principal" or "accessory use.")

"Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They are enforceable only by the land owners involved and not by the county or other public agency.

"Project" means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park.

"Project improvements" means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or a "system" improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement.

"Property line." See "lot line."

"Property owner" means that person or entity that holds legal title to property.

"Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project.

"Protection area" or "stream protection area," with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream.

"Public facilities" or "public spaces" means:

(1)

Parks, open space, and recreation areas and related facilities; and

(2)

Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and rescue facilities;

(3)

Libraries and related facilities; and

(4)

Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other components of State or Federal highways.

"Public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties.

"Public streets" means right-of-way dedicated to the county or owned by the county for public street purpose.

"Public utility" means firm, corporation, or local government authorities providing gas, electricity, communications service, and similar essential services.

"Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water system operating under the direct supervision of the DNR.

Q

"Qualified personnel" means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.

R

"Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base flood.

"Residence" means a home, abode, or place where an individual is actually living on a non-temporary basis.

"Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, storm sewer, drainage structure, sewer line, or other similar use.

"Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

S

"Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.

"Sedimentation" means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.

"Self-service storage facility" means a fully enclosed facility containing independent bays and/or self contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal property.

"Setback" means the horizontal distance between a building or building line and a property line or a buffer line in which a structure cannot be erected or, with respect to a stream, the area established by the unified development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.)

"Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk.

"Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous landscape zone and pedestrian zone.

(1)

"Sidewalk landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility.

(2)

"Sidewalk pedestrian zone" means the paved portion of the sidewalk area reserved for pedestrian passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-slope not exceeding two percent (2%).

"Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign.

"Small box discount store" means a retail store:

(1)

With floor area less than twelve thousand (12,000) square feet;

(2)

That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and

(3)

Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item.

Small box discount store shall not include the following: Drug stores or a convenience stores attached to or collocated with gas stations.

"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 City of Stockbridge zoning code, 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 City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity.

"Integrated solar energy system" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter.

"Rooftop solar energy system" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES.

"Ground mounted solar energy system" means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows:

"Small scale ground mounted solar energy system (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres.

"Intermediate scale ground mounted solar energy system (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) and fifteen (15) acres.

"Large scale ground mounted solar energy system (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres.

"Soil and water conservation district approved plan" means an erosion and sedimentation control plan approved in writing by the Henry County Soil and Water Conservation District.

"Solid waste management facilities" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes, hazardous waste, or other waste material originating on or off the premises.

"Special event" means a gathering or event for which the promoter or other person, firm, or corporation holding or producing the event must obtain a permit.

"Special use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A special use is permanent in nature.

"Stabilization" means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

"Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught animals.

"Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses, mules or other draught animals.

"Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days after the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of disturbed area and as may be defined in O.C.G.A. § 12-7-17(7).

"Street" means the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within the right-of-way lines. (Types of streets are illustrated in figure A.3.)

(1)

"Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which abut and are served by a public street.

(2)

"Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped median.

(3)

"Collector street" means a public street whose function is to collect traffic from local streets and neighborhoods and connects to another public street of equal or greater classification. A collector may also provide direct access to adjacent properties.

(4)

"Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the other by a permanent turnaround.

(5)

"Dead-end street" means a local street open at one (1) end and closed at the other.

(6)

"Expressway" means the expressway system, which includes high volume limited access thoroughfares through the county and region beyond.

(7)

"Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which provides access to abutting properties and protection from through traffic.

(8)

"Local street" means a public street that serves a limited area and whose primary function is to provide direct access to adjoining properties.

(9)

"Major arterial" means a public street whose primary function is to connect two (2) highways of equal or greater classification or capacity, provide primary access to a large land area, provide access to a large traffic generator, or connect two (2) or more towns or communities. The secondary function is to provide local access.

(10)

"Minor arterial" means a public street that serves an intermediate function between collectors and major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional travel.

(11)

"Stub street" means a dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas.

"Structure" means anything constructed or erected with a fixed location principally above or on the ground or attached to something having a fixed location on the ground including a walled and roofed building, manufactured home, or gas or liquid storage tank.

(1)

"Structure, principal" means the building or structure in which the primary use permissible on the lot is conducted.

(2)

"Structure, accessory" or "accessory use" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory.

"Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

"Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means:

(1)

The appraised value of the structure prior to the start of the initial repair or improvement; or

(2)

In the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the director, and not solely triggered by an improvement or repair project.

"Substantially improved existing manufactured home park or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

T

"Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber.

"Tree" means any living, self-supporting, woody perennial plant which has a trunk DBH of one and one-half (1½) inches and which normally attains a height of at least twelve (12) feet at maturity, usually with one (1) main stem or trunk and many branches.

"Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at diameter breast height (dbh).

"Tower (support structure)" means any structure designed and constructed primarily for the purpose of supporting one (1) or more antenna arrays, including self-supporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like.

(1)

"Monopole tower" means a cylindrical self-supporting communications tower constructed as a single spire.

(2)

"Stealth tower/facility" means any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building mounted antennas painted to match the existing structure, antennas integrated into architectural elements, antenna structures designed to look like light poles and structures designed to resemble natural features such as trees and rock outcroppings.

"Townhouse." See "dwelling, townhouse."

"Tractor trailer drop lot" means property used solely for the temporary placement of tractor trailers where no structure is located on the premises.

"Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which include permanent office or security facilities.

"Traffic impact study (TIS)" is an important tool in the overall development planning process (residential, commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed developments on the existing, short range and long range roadway/circulation networks. It also identifies mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified professional.

"Trailer (motor home)" means a motorized vehicle, designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than for wheels or jacks.

"Trailer (travel)" means a nonmotorized vehicle, pulled by an automobile or truck designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively.

U

"Understory tree (also medium or small tree)" means a class of trees and large shrubs that do not attain the height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle, Ornamental Cherry, Hawthorne, and tree-type type hollies.

"Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings or structures is permitted.

"Unit of development" means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc.

"Use" means the purpose or activity for which land or buildings are designed, arranged, intended, or occupied and maintained or leased.

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

V

"Variance" means a grant of relief from the site design requirements of the unified development code related to dimensional standards for lots, building placement, building height, and parking spaces.

"Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory operating condition.

"Vehicle use area" means any area, paved or unpaved, used for egress or ingress, or to store or park motor vehicles.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management or development regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

W

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

"Wireless communications" means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed.

"Wireless telecommunications facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities.

"Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing apparatus. Vehicle storage areas are only allowed with an approved conditional use. Dismantling of stored vehicles for resale purposes shall be prohibited.

X

Y

"Yard" means a required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses, vegetation, and fences

(1)

"Front yard" means that area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.

(2)

"Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot shall not include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed.

(3)

"Side yard" means the area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard.

Z

"Zero lot line" means the location of building on a lot in such a manner that one (1) or more building sides have no (zero) front, side or rear building setback (or yard requirements) and rests directly on a front, side, or rear lot line. A zero lot line development is one (1) where houses in the development on a common street frontage are shifted to one (1) side of their lot.

"Zoning district" means the use classification of parcels of land as generally defined under this unified development code.

"Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction.

"Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-66-3.

(Ord. No. OR24-559, 3-4-2024; Ord. No. OR24-580, Exh. G, 11-12-2024)