5.1

Word usage. In the interpretation of this ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular number shall include the plural number and words in the plural number shall include the singular number.

C.

The word "shall" is mandatory.

D.

The word "may" is permissive.

F.

The word "person" includes individuals, firms, corporations, associations, trusts, and other similar entities.

G.

The word "county" shall mean Talbot County, Georgia.

H.

The words "governing body" refer to the Board of Commissioners of Talbot County.

I.

The words "planning commission" refer to the Talbot County Planning Commission.

5.2.

Definitions . When used in this ordinance, the following terms shall have the meanings herein ascribed to them in this section. Terms not herein defined shall have their customary dictionary definitions where not inconsistent with the context.

Abandoned vehicle. A vehicle, including cars, trucks, trailers, boats, motorcycles, recreational vehicles, mobile homes, manufactured homes, or any other similar vehicle, that meets one or more of the following conditions:

(1)

Has been left unattended upon a highway, street, or alley or other public property outside a designated parking space of a period of 30 days; and/or,

(2)

Is within public view and is inoperable, partially or wholly dismantled, wrecked, discarded, or of similar condition, or any vehicle without a current license plate if required by law, and is located outside of an enclosed building, garage, carport, wrecked motor vehicle compound, or other place of business designated and lawfully used for the storage of such inoperable vehicles, for a period exceeding 30 days.

Accessory building or use. A subordinate building or use customarily incidental to and located on the same lot with the main building or use, such as a garage, workshop and the like. An accessory use shall not include any use injurious or offensive to the neighborhood.

Agriculture or agricultural. The bona fide use of a parcel of land of five acres or more for the cultivation of land, raising of poultry or livestock or similar agrarian activity for gain or profit and the related buildings, structures, and appurtenances necessary to carry out the aforementioned activities.

Airfield. Any area of land or water utilized for the landing and taking off of aircraft.

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

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

Apartment building. A multi-family dwelling located on a parcel of land under a single ownership designed for use by four or more housekeeping units living independently of each other and doing their own cooking on the premises.

Aquifer. Any stratum (rock layer) or zone of rock beneath the surface of the earth capable of containing or producing water from a dug well.

Automobile sales lot. An open premise arranged, designed, or used for storage and display for sale of any motor vehicle or any type of trailer.

Bed and breakfast. A dwelling unit in which room(s) or lodging unit (or units) and "continental" breakfast service only is provided to guest clients, for lengths of stay ranging from one night to seasonal, by owner of the principal structure.

Boarding house. A dwelling in which lodging and meals are furnished for consideration for four or more but not exceeding nine guests. Such dwelling shall contain no more than five guest rooms.

Building. Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind including tents or awnings used for purposes of a building.

Building line. A line beyond which the foundation wall and/or any roofed porch, vestibule or other such portion of a building shall not project.

Building, principal. A building in which is conducted the principal use of the lot on which the structure is situated.

Buffer. A buffer is a strip of land which separates two or more zoning districts by the use of shrubs and trees which will form an opaque barrier of a prescribed width and be at least six feet in height within three years of planting.

Care home. A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or non-profit basis to provide lodging and or meals and/or care for the aged, infirm, chronically ill or convalescent persons. The term "care home" shall include the term "extended care facility" as defined by Georgia Law.

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

Certificate of occupancy. A document issued by the code enforcement officer certifying that a pre-owned manufactured home is in compliance with applicable requirements set forth in this ordinance and indicating it to be in a condition suitable for residential occupancy.

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

Commercial outdoor recreation development (CORD). A development of at least five acres or more that is a commercial enterprise that encompasses active and/or passive outdoor recreational activities. A CORD district may be located in any zoning district with prior approval by the Talbot County Board of Commissioners.

Comprehensive plan. A composite of the joint Talbot County/Cities of Geneva, Junction City, Talbotton and Woodland Comprehensive Plan, all accompanying maps, charts, explanatory materials, together with all amendments thereto, adopted by the Talbot County Planning Committee and the Talbot County Board of Commissioners, as well as each municipal government.

Conditional use. Is a use which is not automatically permitted inherently but which may be permitted within a zoning district subject to meeting specific conditions contained in this regulation or required by the approving body.

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

Day care center. An establishment which provides care and education for six or more children from infancy, opened for the major portion of the day or night and in which meals are served.

District. Any section or sections of the county for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform.

Drive-in. A retail or service enterprise wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants and dairy bars, theaters, banks, laundries, food stores and/or car washes.

Dwelling unit. A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking, sleeping and sanitary facilities.

Dwelling, attached. Three or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls from ground to roof; also referred to as a townhouse.

Dwelling, multi-family. A dwelling unit contained in a building composed of three or more dwelling units. Also referred to as an apartment.

Dwelling, semi-detached. Two dwelling units, each of which is attached side to side, each one sharing only one common wall with the other; also referred to as duplex when placed on a single lot or a townhouse when each is on a lot.

Dwelling, single-family detached. A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit.

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

Enforcing officer. The person appointed, employed, or otherwise designated as the director of planning, permits and inspections; the county building official or his designee.

Equestrian center. A tract of land of 25 acres or more on which more than four adult horses are kept for the purpose of training, boarding, sale or breeding or where instruction pertaining to the same is given for a fee. For the purposes of this ordinance this term also included facilities for riding trails and rings, shows, competitive equestrian events and riding lessons.

Family. One or more persons permanently occupying a single dwelling unit provided that unless all members are related by blood, marriage, or adoption, and including foster children (as that term is defined under Georgia Law) no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises or in an accessory building.

Farm. A parcel of land 25 acres or more on which bona fide agricultural and related uses are conducted as specified in "agricultural".

Flea market. A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, hand-crafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.

Floating zone. A zoning technique under which the county adopts a zoning district in the text of the zoning ordinance but is not placed on the official zoning map. The county reserves the mapping decision until a developer makes an application to have the floating zone applied to his property. Each floating zone will have density and site development standards.

Floodplain. Floodplains may be either riverine or inland depressional areas. Riverine floodplains are those areas contiguous with a lake, stream or stream bed whose elevation is greater that the normal flowing water or waterpool elevation but equal to or lower than the projected 100-year (one percent annual probability) flood elevation. Inland depressional floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

Garage, repair. Building and premises designed or used for the purpose of service and/or major commercial repair of motor vehicles provided that the body work and painting shall be conducted within fully enclosed buildings and provided further that the storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the premises.

Goods. Any goods, warehouse merchandise or other property capable of being the object of sale regulated under this article.

Groundwater recharge area. The land area where the water that eventually seeps down into an aquifer first enters the ground as mapped on the most significant groundwater recharge areas of Georgia and the Georgia Pollution Susceptibility Map.

Group home. A dwelling unit which is used to provide assisted community living for persons with physical, mental, emotional, familial or social difficulties. A group home must comply with all state and federal regulations applying to such facilities.

Hazardous waste. Any waste product which has been defined as a hazardous waste in regulations, promulgated by the United States Environmental Protection Agency pursuant to the Federal Act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

Home occupation. An occupation or profession conducted entirely within a dwelling and which is carried on by an occupant thereof and no more than three nonresidents, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. There is no access by the public. A home occupation is designed to be less restrictive than a home office but more restrictive than a residential business in regard to access by the public, size, visibility, number of employees and types of business.

Home office. An office use conducted entirely within a dwelling which is carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The office may be for the purpose of service or tradeworkers who customarily work at various locations, such as electricians, plumbers, appraisers, real estate salespersons or individuals who work at home, such as writers or computer programmers. There will be no changes which would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other than residential purposes. The office will be restricted to no more than two rooms of the dwelling and cannot exceed more than 600 square feet in area. Such office uses shall be limited to routine office clerical or bookkeeping procedures which can be conducted within a residence. Home office shall not include any business which involves the sale, manufacture or repair of merchandise on the premises. Home offices shall also include any business requiring access by the public including but not limited to customers, clients or vendors. No outside storage or display including signs is permitted and no one other than family members who reside on the premises may be employed in the office.

Hospital. Any institution receiving in-patients and rendering medical care including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic, drug addicted, chronically ill and physically handicapped patients are treated or cared for.

Hotel. Any building containing principally sleeping rooms in which transient guest are lodged with or without meals, with no provision made for cooking in any individual room or suite. For structural and safety purposes, such buildings must conform to state laws regulating hotels.

Industrialized building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and 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, and bearing the approved insignia of the commissioner of community affairs, Georgia Department of Community Affairs.

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

Inert landfill. A type of operation in which only waste that will not or is not likely to produce leachate of environmental concern may be disposed. Only earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, and land clearing debris such as stumps, limbs, and leaves, are acceptable for disposal.

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

Kennel, commercial. Any place in or at which more than four adult dogs (or cats) are kept for the purpose of sale, boarding, care, breeding or training and for which any fee is charged.

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

Land application waste disposal facilities. Any facility at which pollutants are applied to the surface or beneath the surface of a parcel of land and which crates the opportunity for such pollutants to percolate, infiltrate, or be absorbed into the soil and/or into the waters of Talbot County.

Land use planning zone (LUPZ). This is an area around a noise source which is between 60 and 65 dBA or 57 and 62 dBC and acts as a buffer to NZII. The LUPZ contour encompasses parcels where noise and smoke from prescribed burnings can approach levels typically associated with NZII.

Landfill. A type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specific depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

Lot. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or lease to, or separate use of, another, or for development. The word "lot" includes, but is not limited to, the words "plot" or "parcel".

Lot area. The horizontal area contained within the boundary lines of a lot.

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

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

Lot, double frontage. A lot, other than a corner lot, which has frontage on more than one street.

Lot frontage. Lot width measured at the street lot line(s), being the length of the property line of any one premise along each legally accessible public right-or-way it borders.

Lot line. A line bounding a lot which divides one lot from another or from a street or any other public or private space.

Lot line, front. That lot line along which the lot takes primary access to a street.

Lot Line, Rear. That lot line which is parallel to and most distant from the front lot line of a lot or, in the case of an irregular lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances and regulations.

Lot width. The mean horizontal distance between the side lot lines measured parallel to the front and rear lot lines at the building line. In the case of only one side lot line, lot width shall be measured between such lot line and the opposite lot line or future right-of-way line.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes are constructed to the Federal Manufacture Home Construction Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401, et seq.

Military influence overlay district (MIOD). The military overlay district limits development in the land use planning zone, Noise Zone II and the one mile buffer of Fort Benning that could significantly compromise the training and deployment mission of Fort Benning, resulting in less realistic training and reduced operating hours at airfields and firing ranges.

Mobile home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein and manufactured prior to June 15, 1976.

Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International, the Georgia Industrial Building Act, or the National Manufactured Housing Construction and Safety Standards Act, as amended.

Motel. A building or group of buildings containing guest rooms and having a separate outside entrances for each guest room. To be used primarily for automobile transients and including such terms as "auto court" and "motor lodge" but not "boarding house" as defined in this section.

Noise Zone II (NZII). This zone consists of an area where the daily noise level is between 65 and 75 dBA or 62 and 70 dBC. Noise exposure within this area is considered to be significant and land uses should be limited to activities that are non-noise sensitive.

Nonconforming use. Any building, structure or use of land which lawfully exists at the time of adoption of this resolution and which does not conform to the regulations of the zoning district in which it is located.

Nuisance. Anything that causes hurt, inconvenience, or damage to another, and the fact that the act done may otherwise be lawful, shall not keep it from being a nuisance.

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

Park, community. A parcel of land owed by a unit of government or a private organization used or intended to be used for recreational or leisure time activities. Such parks may include food and/or recreational sales and accessory uses.

Planned unit development (PUD). A planned unit development is a large, unified development of ten acres or more adhering to a comprehensive development plan and located on a single tract of land, or on two or more tracts of land which may be separated only by a street or other right-of-way, whose approval would serve to implement the plans of Talbot County (see subsection 8.5 Planned unit development for other requirements).

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

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

Plat, final. A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary. The streets shown on the plat shall be approved by the planning commission and the Talbot County Board of Commissioners prior to recording.

Pollution susceptibility. The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from dump sites, animal waste from agricultural operations or pollution generated by other human activities.

Pollution susceptibility map(s). Maps prepared by the Georgia Department of Natural Resources (DNR) that show the relative susceptibility of groundwater to pollution. Pollution susceptibility maps categorize the land areas of the state into areas of high, medium and low groundwater pollution potential.

Pre-owned manufactured home. Any manufactured home that has been previously used as a residential dwelling and has been titled.

Public utility(s). A service or services provided by a public utility company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.

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

Residence. A building containing only dwelling units and which meets all the applicable requirements of the Standard Building Code for conventional construction. The term "residence" or any combination thereof shall not be deemed to include hotel, boarding house, rooming house, motel or other accommodations used for transient occupancy and shall not for the purpose of this ordinance include mobile home or modular home.

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

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

Right-of-way. Access over or across particularly described property for a specific purpose or purposes.

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

Road. See definition of "Street, highway, road".

Rural business. An occupation or profession conducted within a dwelling, an accessory structure or outside and which is carried on by a resident of that property and which is clearly incidental and secondary to the use of the property for residential dwelling purposes. The rural business is designed to be less restrictive than the home office, home occupation or residential business in regard to access by the public, size, visibility, number of employees and types of business.

Setback. The minimum horizontal distance between the right-of-way line, rear or side lines of the lot and the front, rear or side lines of the building. The term "required setback" means a line beyond which a building is not permitted to extend under the provisions of this resolution establishing minimum depth and widths of yard.

Sewage sludge (biosolids), processing, and/or manufacturing facility, land application and disposal facilities. Any tract of land or facility at which solid or semisolid, or liquid residue generated during treatment of domestic sewage, industrial wastewater or combination of domestic sewage and industrial wastewater is processed, manufactured, stored, sprayed, deposited, spread, injected or applied upon beneath the land's surface, or otherwise applied to the land. Sewage sludge includes, but is not limited to, scum or solids removed in primary, secondary or advanced wastewater treated processes conducted by any governmental or private wastewater treatment facility, unless produced in Talbot County or by a municipality located in Talbot County.

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

Significant groundwater recharge areas. Areas mapped by DNR in Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology (chemical nature and form of the rock), soil type and thickness, slope, density of lithologic contacts, geologic structure, presence of "karst" topography (sinkholes, caves and fissures associated with limestone and other carbonate rocks), and potentiometric surfaces.

Slow rate land treatment system. A system for wastewater treatment by spray irrigation (land application). The term refers to the advanced treatment of wastewater by irrigation onto support vegetative growth. When properly sited, designed and operated as defined by state and local regulations, there is no direct discharge to surfaced waters. The irrigated wastewater evaporates and transpires to the atmosphere or enters the groundwater through percolation. Organic constituents in the wastewater are stabilized by soil bacteria. Organic and ammonia nitrogen are taken up by plants, nitrified by soil bacteria, lost to the atmosphere through denitrification, and leached into the groundwater. Phosphorus and other constituents are absorbed in the soil profile and taken up by plants. Properly sited, designed and operated irrigation systems produce a percolate water of high quality and thus protect ground and surface water resources. For purposes of this ordinance, the use may include ponds (lagoons) for the temporary storage of the treated wastewater before application to the spray fields. The treated wastewater stored in the lagoons must have been treated to a level that could be sprayed without further treatment. These ponds shall have liners to prevent seepage. This land use is permitted only with the approval of the Talbot County Board of Commissioners after a recommendation by the planning commission.

Steep slopes. All land that has a slope of 20 percent or greater for at least 500 feet apart as shown on a United States Geologic Survey Quadrangle Map.

Street. A public or dedicated thoroughfare or a private right-of-way or easement shown on a recorded plat and which has been approved by the planning commission.

Street, connector. A street supplementary to the major state and U.S. highway systems running throughout the country and primarily a means of intercommunication between this system and smaller areas.

Street, cul-de-sac. A short street designed to have one end permanently closed. The closed end terminated by a vehicular turnaround.

Street, dead-end. A street having no outlet at one end.

Street, highway, road. Shall mean a road or street that forms a part of the existing or projected Federal Aid Highway System or the state or county highway system.

Street centerline. That line surveyed and monumented or accepted by Talbot County as the centerline of the street; or in the event no centerline has been so determined, that line running midway between and generally parallel to the direction of the outside right-of-way lines of the street.

Structure. Anything constructed or erected that requires location on the ground or attached to something having a location on the ground, to include, among other things, buildings, towers, monuments, statues; but not to include telephone and other utilities poles, overhead wires, retaining walls and terrace walls, wire fences, and any other thing less than three feet in height.

Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, campsites, or other divisions for the purpose, whether immediate or future, of sale, lease, rent, or building development, and includes all division of land involving a new street or a change in existing streets, and includes a resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or areas subdivided, provided; however, that the following are not included within this definition:

1.

The combination of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of Talbot County;

2.

The division of land into parcels of five acres or more.

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

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

Travel trailer park. A parcel of land which has been planned and developed to accommodate two or more travel trailers, tents or other camping units for temporary occupancy of not over 60 days' duration.

Use. The specific purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Use, conditional. A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to approval by the planning commission, and subject to special requirements, different from those usual requirements for the district in which it may be located.

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

Use, temporary. Any use established, for a fixed period of time, without construction or alteration of a permanent structure, with the intent to discontinue such use upon expiration of such time.

Variance. A modification of the strict terms of zoning regulation granted by the board of zoning adjustments where such modification will not be contrary to the public interest, and where, owing to conditions unique to the individual property on which the variance is sought and not as a result of any action on the part of the property owner, a literal enforcement of this resolution would result in unnecessary and undue hardship provided, however, that no variance shall be granted which shall authorize a land use not otherwise permitted in a particular district.

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

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

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

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

Wetland. An area of one acre or more where standing water is retained for a portion of the year and unique vegetation has adapted to the area; as mapped by the U.S. Fish and Wildlife Service.

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

Yard, front. The full width of the lot between the street right-of-way and the front building line.

Yard, rear. The full width of the lot between the rear line of the lot and the rear building line.

Yard, side. The space between the building and the side line of the lot exclusive of front and rear yard.

Yard sales. All sales entitled "garage sale," "yard sale," "attic sale," "rummage sale," "flea market sale," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.

Zoning condition. Any stipulation made by the county commission as a zoning decision affecting property which imposes a requirement on the use or development of property which is different from the use or development regulations set forth in the zoning district to which the property is being rezoned. By way of example, but not as a limitation, such zoning conditions may relate to the use, density, construction materials, architectural style and design, location of structures and buffer area.

Zoning decision. Final action by the Talbot County Board of Commissioners which result in:

1.

The adoption of a zoning ordinance;

2.

The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or

3.

The adoption of an amendment to the zoning ordinance which rezones property from one zoning district to another.

Zoning official. The official or other designated authority charged by the Talbot County Board of Commissioners with administration and enforcement of this resolution or his duly appointed representative.