Sumter County Unincorporated
City Zoning Code

For purposes of this appendix certain words and tenses, used herein, shall be interpreted or defined as follows; except where the context clearly indicates a different meaning.

Words used in the present tense include the future tense.

The singular number includes the plural and the plural the singular.

The word "person" includes a corporation, partnership, or association as well as an individual.

The term "shall" is always mandatory and not merely directory.

Terms not herein defined shall have the meanings customarily assigned to them.

The term "governing body" shall mean the board of commissioners of Sumter County, Georgia.

Accessory building: A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with and related to the principal structure or use of land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bath houses (used in conjunction with swimming pools), residence on a farm, and similar uses.

Accessory use: A use clearly incidental and secondary to the principal, permitted use of a building or parcel and which is located on the same lot as the principal, permitted use.

Adult entertainment business: Any business such as motion pictures, theaters, mini-motion theaters, erotic dancing, escort services, book stores, etc. characterized by an emphasis on sexual activities.

Agriculture: Agriculture shall be considered to mean producing or raising livestock and/or soil-rooted crops in a customary manner on tracts of land 25 acres or more in size, and shall include all associated activities.

Airfield: Any area of land or water designed or utilized for aircraft traffic.

Alley: Any dedicated public way providing a secondary means of vehicular ingress or egress.

Alteration: Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed."

Ambulatory: In respect to a person, the ability to move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches or hand rails, or by propelling a wheelchair; and can perceive an emergency condition, whether caused by fire or otherwise and escape without human assistance, using the normal means of egress.

Amusement park: A commercially operated recreation park with various devices for family entertainment.

Apartment: A room or suite of rooms used as a residence, designed with cooking facilities for the use of occupants, for which rent is paid and no fee title is conveyed.

Apartment house: A residential structure containing three or more apartment units.

Automobile wrecking yard, automobile used parts or auto graveyard: Any open-air location or building where automobile parts or three or more vehicles not in running condition are stored. These may or may not be commercial establishments.

Basement: That portion of a building partly below grade; less than five vertical feet of such portion shall project above the finished grade level of the building.

Bed and breakfast inn: An owner-occupied residence which furnishes lodging or lodging and meals for transient persons in return for compensation.

Block: A tract or parcel of land bounded by highways, roads, streets, or by a combination of highways, roads and streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, drainage ways, or boundary lines of municipalities or counties.

Boarding house: A residence or part thereof where lodging and meals are provided for compensation to three or more persons by pre-arrangement for definite periods. A boarding house is to be distinguished from a hotel, motel or a nursing home.

Buffer: That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space for the purposes of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extends the developed portion of the common property line. A buffer consists of trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buildable area: That portion of a lot on which buildings/structures can be constructed or placed after minimum open space (setback) requirements have been deducted from gross lot area.

Building: Any structure having a roof, supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or goods. Where roofed structures are separated from each other by a shared (fire) wall having no opening passage, each portion so separated shall be considered a separate building

Building official: The individual appointed by the board of commissioners to administer the county building code(s).

Building height: The vertical distance of a building measured from the average elevation of the finished grade on the building's perimeter to the highest point on the roof surface. With the few exceptions identified in section 4.04, maximum building height shall be 75 feet.

Building line: A line within a lot or parcel parallel to the lot perimeter which establishes the boundary between buildable area and yard setbacks. Except as otherwise provided by these regulations, principal buildings shall not project beyond the buildable area into the setback.

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

Building setbacks: The minimum distance any part of any structure must be from any front, rear, or side property line.

Car wash: A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.

Caretaker or employee residence: An accessory residence located inside or in addition to the principal structure or use of a parcel of land. Said residence must be occupied by a bona fide caretaker or the owner himself as necessary to the property's orderly operation or safety.

Clerk: The Clerk of the Sumter County Board of Commissioners.

Clinic: A professional office where health-care services of one or more practitioners can be obtained on an out-patient basis, and where no overnight accommodations are provided.

Club: A non-profit organization oriented and usually comprised of members who have mutual interests and/or who participate in activities promoting sports, the arts, science, literature, politics or civic involvement.

Commercial or commercial operations: An activity undertaken for profit, income or other business purposes, including sales or manufacture of goods, items or services, and similar activities.

Condominium: Individual ownership units in a multi-family structure, combined with joint ownership of common areas of the building and grounds, or otherwise meeting the definition of Condominium in the Georgia Condominium Act, Title 44, Chapter 3, Article 3.

Condominium dwelling: An individually owned dwelling unit in an attached, detached, or multifamily structure, combined with joint ownership of common areas of the buildings and grounds, or otherwise meeting the definition of Condominium in the Georgia Condominium Act, Title 44, Chapter 3, Article 3.

Conditional use: A use not ordinarily permitted but which may be permitted upon the imposition of conditions related to the promotion of the public health, safety, morals or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use; height, setback and other non-use requirements; physical improvements to the property and infrastructure serving the property. A conditional use must be approved in the same manner as a rezoning request prior to the issuance of a permit.

Conditional zoning: The imposition of conditions in the grant of a rezoning application which are in addition to or different from the regulations set forth in this zoning ordinance, and which are related to the promotion of the public health, safety, morals or general welfare, and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property and infrastructure serving the property.

Convalescent home: A home for the care of children, the aged or infirmed, or a place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said home shall conform and qualify for license under state laws.

Curb cut: An interruption in the physical structure of roadside or street curbing, e.g., driveway, which facilitates vehicular ingress and egress between property and an abutting road or street, or which makes sidewalk accessible to the handicapped.

Curb and gutter road: A road with linear improvements usually constructed of concrete along the edge and parallel to the paved road surface which divert rainwater/stormwater away from the road shoulder to a collection point, from which said waterflow is channeled to a stormwater sewer or ditch.

Day care facility: A facility designed to offer care, education, custody, supervision and/or training to children under the age of 14 years of age unrelated to the owner or director by blood, marriage or adoption for any part of a day and for less than 24 hours a day. Such facility may or may not be operated for profit. Day care is not a baby-sitting service to be used for the convenience of the parents at irregular intervals (drop-ins).

1.

A "group center" (day nursery, day care center) is defined as a facility for six or more children, regardless of age, whose primary purpose is the care of the child for part of a day, while his parent or parents are absent from home.

2.

A "nursery school" is defined as a school for two-, three-, and four- year-old children which operates for periods not to exceed four hours a day and whose primary purpose is education and guidance for healthy emotional and social development of children.

3.

"Kindergarten" is defined as a school for four- or five-year-old children which operates for periods not to exceed four hours a day and whose primary purpose is education and guidance for healthy emotional and social development.

4.

"Family day care" is defined as a service in a private home, offering care in a family setting to a maximum of five children, including the foster family's own children during part of the day while the natural parents are absent from their home.

5.

"Adult day care" is defined as personal care, assistance and/or supervision in a protective setting for adults outside their own home for less than 24 hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psycho-social assistance, or appropriate socialization stimuli or a combination of these. Adult day care is available for those persons who do not require 24-hour per day institutional care, but who, because of physical and/or mental disability, are not capable of full time independent living.

Density: The number of units per given land area; most commonly expressed as dwelling units per gross acre.

Display: An eye-catching arrangement by which something is exhibited.

District: A specific geographic area within which certain uses of land and buildings are permitted on a uniform basis, and within which certain open space, lot area and other requirements are specified. Also referred to as zone.

Drive-in establishment: A business establishment, other than a drive-in restaurant, so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, and may include drive-in banks, drive-in cleaners, and drive-in laundries.

Drive-in restaurant: A restaurant or other establishment serving food and/or drink so developed that its retail or services character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle.

Dwelling, multiple: A building, structure, or portion thereof used or designed as a residence for three or more families living and cooking independent of each other in said building. This definition includes three-family houses, four-family houses and apartment houses, but does not include hotels, motels, trailer camps or mobile home parks.

Dwelling, single-family: A building or other structure used or designed for use as a residence for a single family.

Dwelling, two-family (duplex): A duplex is a building or other structure. either designed, constructed, altered or used for two adjoining dwelling units that are connected by a common wall and/or if two stories by a common floor.

Efficiency unit: An efficiency unit is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing not less than 400 square feet of floor area.

Erected: Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of the erection.

Essential services: The erection, construction, alteration, or maintenance by public utilities, governmental departments or commissions, of underground, surface, or overhead; gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers, pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrant and similar accessories in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general public health, safety, convenience or welfare.

Family: An individual or two (2) or more persons related by blood, marriage, or adoption living together in a dwelling unit; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption, living together in a dwelling unit. For purposes of this appendix, "a family" may include five (5) or fewer foster children placed in a family foster home licensed by the State of Georgia, but shall not include fraternities, sororities, nursing homes, or rest homes..

Farm: A platted or unplatted parcel of land of 25 acres or more which is used for growing crops, raising livestock or other agricultural related activities.

Farm, mini: The use of parcels of land between ten and 25 acres in size for agriculture related activities.

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

Fast food restaurant: A restaurant that has all of the following characteristics:

1.

Its principal business is the sale of food items and beverages of the kind which can readily be taken out of the restaurant either through a drive-thru window or otherwise for consumption off the premises.

2.

Utensils, if used at all, are made of plastic or other disposable materials. Food is packaged in paper or styrofoam or other disposable containers.

3.

Service is not customarily provided to customers at their tables by employees of the restaurant.

Fence: A physical barrier intended to prevent escape or intrusion, to block a view or to mark a boundary.

Fence-solid: A permanent, physical barrier, the primary purposes of which are to provide privacy, security or concealment from view.

Filling: Shall mean the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.

Fish farm:

1.

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

2.

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

Flea market: An outdoor and/or indoor facility established for the purpose of selling at retail such new or used items as household goods, tools, crafts or any other combination of new or used goods. These markets, sales and displays are those that occur continuously or frequently, and specifically more than two times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors a booth, commercial stall or designated area from which the vendor markets his/her goods.

Flood plain: Any land area susceptible to flooding unless protected artificially.

Foster child: A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and education.

Garage, private: An accessory building designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is an accessory.

Garage, public: Any premises used for the storage or care of motor vehicles or place where any such vehicles are equipped for operation, repaired or kept for pay, hire or sale.

Garden, private: A noncommercial private garden which is an accessory use to the primary use of the zoning district. The primary use must be present at the same location as the garden in any zoning district with the exception of the agricultural district.

Group home for persons with a disability: A residence in which three or more persons with a mental and/or developmental disability reside and which is licensed by the State Department of Human Resources as a personal care home under Title 31.

Group home (non-disability): Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service and one or more personal services for two or more adults who are not related to the owner by blood or marriage and falls under the jurisdiction of the Georgia Department of Human Resources, but that does not meet the definition of "Group Home for Persons with a Disability."

Guest house or guest home: A building or portion thereof used or designed for use as a residence, specifically as an accessory use to the principal building.

Half-way house: A group home facility which is licensed or supervised by any federal, state or county, to be used for the health, welfare, rehabilitation or similar purposes of its residences.

Home occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction, open storage or signs not customary in residential areas. One non-illuminated name plate, which is not more than two square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises. Clinics, hospitals, child care centers, and day nurseries, among others, shall not be deemed to be home occupations.

Hospital: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel: A building in which lodging or food and lodging are provided and offered to the public for compensation typically for short-term periods of two weeks or less, and in which ingress and egress to and from all rooms are typically made through an inside lobby or hallway, or office supervised by a person in charge at all hours. A hotel is open to the transient public and is thus distinct from a boarding house or a rooming house, both of which are defined separately herein.

Hunting/fishing camp: A location at which permanent and/or temporary housing facilities are located for temporary occupancy by hunters and fishermen. Temporary occupancy is defined as occupancy of no more than ten consecutive days and no more than 20 days in any one calendar month. All such permanent or temporary housing facilities shall have an approved on-site sewage plan by the Sumter County Health Department.

Industrialized building: A structure or component which is wholly or in substantial part made, fabricated, formed or assembled in or at manufacturing facilities and delivered to a building site for fabrication and which is constructed in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-110) and which bears the seal of approval issued by the Commissioner of Community Affairs.

Junk: Any motor vehicle, machine, appliance, scrap material or other items that are in a condition which prevents its use for the purpose for which it was originally manufactured.

Junk yard: Automobile wrecking yards, salvage yards, scrap yards, and any area of more than 200 square feet used for storage, keeping or abandonment of junk, including scrap metals or other scrap materials, appliances, plumbing fixtures, brick, wood, or other building materials, or for the dismantling, demolition or abandonment of automobiles, or other vehicles or machinery or parts thereof, but does not include vehicles or machinery or parts thereof, nor does it include uses established entirely within enclosed buildings.

Kennel: Any lot, building, structure, facility or premises, or series of buildings, structures, facilities on any lot, on which three or more dogs, four months or older, are kept, raised, fed, sheltered or otherwise maintained, either permanently or temporarily for commercial purposes, breeding purposes, or any other purposes.

Laboratory: A place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not permitted within this definition.

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

Loading space: An off-street space on the same parcel of property with the building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lot: A developed or undeveloped tract of land having defined boundaries and legally transferable as a single unit of land; does not refer to public rights- of-way.

Lot area: The size of a lot measured within the lot lines as expressed in terms of acres or square feet.

Lot, corner: A lot abutting on two streets at their intersection. The minimum front yard setback shall be observed on both street frontages.

Lot coverage: The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot, developed: a legally established and existing parcel of land, with boundaries determinable from official records, which does contain a building or structure located thereon.

Lot, double frontage: An interior lot having frontages on two or more parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, one street will be designated as the front street on the plat and the request for a building permit will indicate which street is the designated front street.

Lot, flag: Lots which have adequate land area for two lots but which do not have adequate street frontage for more than one lot. The standards require access for fire protection and also require screening in the higher density residential areas to protect the privacy of abutting residences. The intent of flag lots is to provide additional housing and commercial opportunities and to promote the efficient use of land.

Lot frontage: That portion of a lot extending along a street right-of-wayline.

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

Lot lines: The property lines bounding the lot.

1.

Front lot line: On a lot abutting a public street, an invisible line separating road or lot from such street right-of-way.

2.

Rear lot line: Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of an irregular shaped lot the zoning administrator shall designate the rear lot line.

3.

Side lot line: Any lot line that is not a front or rear lot line.

Lot of record: A parcel of land, the dimensions of which are shown on a map or plat on file with the Clerk of Superior Court of Sumter County, Georgia and which actually exists as shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof.

Lot, through: A lot other than a corner lot, having frontage on more than one street.

Lot, undeveloped: a legally established and existing parcel of land, with boundaries determinable from official records, which does not have a building or structure located thereon. This definition includes forest where the canopy and understory remain intact, wooded areas that are altered only by installation of firebreaks, and fresh water wetlands.

Lot width: The distance between the side lot lines, measured along the front building line and parallel to the street right-of-way.

Manufactured home: A factory built structure that is manufactured or constructed under the authority of 42 U.S.C. Section 5401 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home, except as hereafter provided.

Manufactured home park: A parcel of land which operates as a business and which has been planned and improved and leases spaces for the placement of at least two manufactured homes for non-transient use.

Manufactured home stand: The site designed for the placement of a manufactured home and its cabana, accessory structures, utility connections and off-street parking facilities.

Mining: The extraction of ore or minerals from the earth by various methods, including but not limited to blasting and excavating. For purposes of this appendix, "mining" shall include all methods of drilling for oil, natural gas, or other hydrocarbons, but not drilling for water.

Mobile home: A manufactured home built before June 15, 1976. They do not meet current building codes.

Modular homes: A factory-fabricated, transportable building consisting of building units designed to be incorporated at a building site on a permanent foundation as a permanent structure with the appearance of a conventional, on-site constructed building to be used for residential purposes. The term "modular home" shall include "manufactured home" and "prefabricated home". A modular home is not a mobile home.

Motel: A permanent building or group of permanent buildings containing multiple residential dwelling units in which lodging or lodging and meals are provided for transient guests for compensation, typically for short-term rental (two weeks or less), in which ingress and egress to and from all rooms are made primarily direct from an exterior walkway rather than from an inside lobby or hallway.

Motor vehicle repair: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting; but not including undercoating of automobiles unless conducted in a completely enclosed spray booth.

Nonconforming use: A lawful use of or vested right to use any building, structure or land existing at the time of the adoption of this appendix or the adoption of any amendment thereto.

Nursery (tree and shrub): An area or establishment devoted to the raising and care of trees, shrubs, or similar plant materials.

Off-street parking lot: A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exits for the parking of more than two automobiles.

Open air business uses: Open air business uses shall include the following:

1.

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

2.

Retail sale of fruits and vegetables.

3.

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

4.

Bicycle, trailer, motor vehicles, mobile homes, boats or home equipment sales, services or rental services.

5.

Outdoor display and sale of prefabricated storage buildings, garages, swimming pools and similar use.

Open ditch road: A road complemented with slope or grade improvements designed to facilitate the safe flow of rainwater/stormwater off the roadway, directly across the road shoulder into a open graded channel. The linear distance of said channel is most commonly comprised of an open, dirt-surface ditch along which some rainwater is absorbed into the soil and the excess is channeled to appropriate discharge sites.

Open space, landscaped: That portion or portions of a given lot, not covered by a driveway, buildings, pavement, loading space, a refuse storage space, parking access and service areas, set aside and maintained as a buffer, landscape strip or other approved open area.

Parking space: An area of not less than nine feet wide and 20 feet long, for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

Personal care home: a facility licensed by the Georgia Department of Community Health as a personal care home. A personal care home is further defined as any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage.

Place of worship: A structure which is intended for conducting organized religious services for organizations with tax-exempt status, with no overnight facilities. Secondary uses such as child care, senior services, professional counseling, hospices, schools, rehabilitation services, or similar uses are not included in the definition.

Planned unit development: A single parcel of land of at least 10 acres within which a number of buildings (uses) with a minimum lot size of 7,500 square feet are located or intended to be located in accordance with an overall plan of design and not in relation to a prearranged pattern of land subdivision. Examples of a planned unit development (P.U.D.) include a complex of apartment buildings, offices and a shopping center with a number of stores.

Prime farm land: Land in Sumter County which is best suited for producing feed, fee, forage, fiber, and oil seed crops and also available for these uses. It has the soil quality, growing season, and moisture supply needed to produce sustained good yield of crops economically if treated and managed, including water management, according to modern farming methods.

Private, use or home: a use or home belonging to and maintained by an individual person, company or other legal entity over which the general public has no right of use.

Produce stand/curb market: A permanent or semi-permanent building stand not exceeding 200 square feet of floor area intended to provide a place for the retail sale of only perishable farm and garden vegetables and orchard or grove fruits. This does not include buildings or structures erected by a bona fide farmer for the sale of seasonal produce grown on his land in an agricultural district.

Quasi-judicial officers, boards, or agencies: The term "quasi-judicial officers, boards, or agencies" shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Recreation facility, commercial: A recreation facility or club operated as business and open to the public for a fee, including but not limited to sports and recreation fields, skeet and shooting ranges, golf and country clubs, hunting preserves, swimming or tennis clubs, and other similar uses.

Recreation facility, private: A recreation facility or club operated as a business or otherwise, open to a group of select members and guests, for a fee or otherwise, including but not limited to sports and recreation fields, skeet and shooting ranges, golf and country clubs, hunting preserves, swimming or tennis clubs, and other similar uses.

Recreational vehicle: A vehicular, portable structure built on a chassis, designed to be self-propelled or pulled by another vehicle, for use as a temporary dwelling for travel and recreational purposes. The term "recreational vehicle" includes the terms "RV," "motor home," "travel trailer," and related wheeled recreational equipment not designed for year-round occupancy. This definition also includes a boat, camper, camp trailer, travel trailer, house car, motor home, trailer bus, trailer coach or similar vehicle, with or without motive power, designed for human habitation for recreational or emergency occupancy. Where a recreational vehicle is on or attached to a trailer used to carry or tow said vehicle, they shall together be considered one recreational vehicle. A recreational vehicle shall not include a pickup truck used for transportation to which a camper shell has been attached.

Recreational vehicle park: A single parcel or several contiguous parcels of land owned or managed by the same legal entity which has been designed and improved for the placement of two or more recreational vehicles whose stay will not exceed 180 days.

Reference level: The reference level for any building is seven inches above the existing curb, or in the absence of an existing curb, above the crown of the adjacent public road.

Roads:

Arterial—Routes designed to accommodate the safe and rapid passage of traffic between communities. These routes are maintained by the state, and because they have U.S. and state highway designations are usually familiar to the transient public.

Collector—Routes which interconnect arterials or otherwise direct traffic to arterial routes. They provide for relatively easy movement at moderate speeds from homes and businesses to arterials. This classification applies to some state routes and some county routes.

Local—County roads which collectively comprise the vast majority of the county's unincorporated road mileage. These routes most often provide direct access to abutting properties.

Roadside stand: A small-scale business structure permanently or seasonally located within an agricultural or rural area for the sale of agricultural products primarily produced on the premises, and using only signs that are removed during seasons when the business is closed.

Rooming house: A residential structure or portion thereof that does not qualify as a one-or-two family dwelling, which is available only for personal occupancy for four but not more than 15 residents, where residents are provided lodging without meals, and where no provisions are made for cooking or meal preparation for residents either as a group or individually in any rooms of the house, including any of the rooms occupied by paying guests. Foster homes, group homes, battered spouse shelters, or similar facilities providing lodging and boarding for four but not more than 15 residents or clients, not related by blood or adoption to the owner(s) or operator(s) shall be deemed a rooming house.

Rubbish: The miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing offices and construction enterprises, including other waste material such as slag, stone, broken concrete, fly ash, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or and similar or related combinations thereof.

Rural business: A rural business shall be a small office or small scale retail sales or service type business which shall be secondary or incidental to the primary use of property for agricultural or residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural- residential areas. Rural businesses shall be similar to home occupations, except that the activity can occur in an accessory structure detached from the principal residence.

Screening: Also referred to in the text as "protective screening" is a visual and acoustical barrier which, through the use of buffers, natural topography, landscaping, fences, walls, berms or approved combination thereof, is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet that screens structures and activities on the lot from view from the normal level of a first story window on an abutting lot.

Service station: A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in vehicles, and including space for facilities for the temporary storage of vehicles, minor repair or servicing.

Shopping center: Two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the same property.

Single parcel ownership: Possession of a parcel of property wherein the owner does not own adjoining property.

Soil removal: Shall mean the removal of any kind or soil or earth matter which includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household gardening and general farm care.

Stable, commercial: Any place established for gain or profit at which more than four adult horses are kept for the purpose of training, holding, boarding, riding, sale or breeding or where instruction pertaining to the same is given for a fee.

Story: That portion of a building, other than the cellar or mezzanine, included between the surface of any floor and the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of these regulations, a basement or cellar shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured, or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servant employed in the same building including the family of the same.

1.

Ground story: The lowest story of a building, the floor of which is not more than 12 inches below the elevation of the reference level.

2.

Half-story: The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half of the floor area of said story.

3.

Mezzanine: Shall be deemed a full story when it covers more than 50 percent of the story underneath said mezzanine, or, if the vertical distance from the floor next below it to the floor above it is 24 feet or more.

Street: A thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. A public street is a street accepted by dedication or otherwise by the governing body. A private street is a street not so accepted over which the general public has no right of use.

Structural alteration: Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any change in the width or number of exits, or any structural change in the roof.

Structure: Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. Among other things, structures include buildings, manufactured homes, signs, swimming pools and fallout shelters but does not include walls or fences.

Subdivision: All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development; and includes all divisions of land involving a new street, a change in existing streets or the extension of water, sewer or gas lines and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; however, the following are not included within this definition:

1.

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of these regulations.

2.

The division of land into parcels of five acres or more where no new street is involved.

Subdivision regulations: Regulations as adopted by the governing body governing the subdivision of land.

Swimming pool: Any structure or container intended for swimming or bathing located either above or below grade designed to hold water to a depth of greater than 24 inches. This includes in ground, above ground, and on ground swimming pools, but this definition does not include inflatable temporary pools.

Temporary emergency construction and repair residence: A temporary residence that is located on the same lot as a permanent residence that is under construction or undergoing substantial repairs or renovations.

Townhouse: A residential use consisting of three or more attached single-family dwelling units for which fee simple title is conveyed. Each townhouse unit is separated from the adjoining unit or units by an approved fire wall or walls. Fire walls shall be located on the lot line. Each townhouse has a front and rear ground level entrance. The townhouse shall be located on its own approved, recorded, lot.

Travel trailer: See "recreational vehicle".

Truck gardening: Truck gardening is the use of land for growing edible vegetables, fruits, and other crops for resale and commercial purposes. Household gardening by a property owner for a hobby or purely local consumption by himself and his family residing on the same premises shall not be considered to be truck gardening.

Truck terminal: A building and premises where trucks load and unload cargo and freight and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. A truck terminal may include warehousing facilities and may include the functions and services of a mechanical garage, but shall not include the storage of trucks or other vehicles for the purpose of using parts for sale or repair.

Undue hardship: A condition which shall be considered to exist only when one or more of the following apply to a particular piece of property, and such condition has not been created by action of the property owner or his predecessor:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

2.

The strict enforcement of the zoning ordinance would create an unnecessary hardship;

3.

Such conditions are peculiar to the property involved; and

4.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance.

Configuring a subdivision to create lots that are difficult to build is an example of a hardship created by the property owner or processor, that do not justify a variance. Inconvenience or practical difficulty is insufficient evidence of an undue hardship.

Use: The purpose for which land, premises, or a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Utility room: A room or space, located other than in the basement, specifically designed and constructed to house utilities, such as major home appliances.

Variance: A variance is a relaxation of and grant of relief from the strict enforcement of terms of this zoning chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the particular property and not the result of any action of the applicant, a literal enforcement of this appendix, requirements would result in unnecessary and undue hardship.

Water station: A facility for supplying water storage tanks of dependent trailers with potable water.

Water system, community: Means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Water, system individual: A potable water system other than a community or public water system, serving a single building, residence or other facility designed or used for human occupancy or congregation.

Water system, public: A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system. Any collection or pretreatment storage facilities not under such control which are primarily in connection with such system. A public water system is either a community water system or a non-community water system.

Yard: An open space on the same lot with a principal building open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street and the front line of the building projected to the side lines of the lot.

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

Yard, side: An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

Zero lot line: The location of a building on a lot in such a manner that one or more of the building sides rest directly on a lot line.

Zoning: The term "zoning" shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Zoning administrator: The duly authorized representative of Sumter County authorized to enforce and/or administer this appendix.

Zoning decision: The term "zoning decision" shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Zoning map(s): The Official Zoning Maps of Sumter County, Georgia.

(Ord. of 7-16-24(2), § 1)