1.03.01   Generally.

A.

This LDC shall apply to the City of Tifton.

B.

No buildings, structures, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this LDC.

C.

A change of use shall conform to the standards, criteria, requirements, and procedures of this LDC.

1.03.02   Exemptions and exceptions.

The following general conditions or circumstances are exempt from the provisions and requirements of the LDC:

A.

Buildings or structures that are legally under construction on the date of adoption of the LDC;

B.

Buildings or structures for which a building permit has been issued as of the effective date of this LDC, provided that construction commences prior to the expiration of the building permit, and continues until completed;

C.

Development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this LDC; or

D.

The use of property lawfully approved prior to the effective date of this LDC.

1.04.01   Intent.

These regulations are enacted to promote the proper location, height, bulk, number of stories, and size of buildings and other structures, sizes of yards, courts, and the use of other open spaces, density and distribution of population, and the use of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, and public activities.

1.04.02   Purpose.

The purpose of these regulations is to:

A.

Lessen congestion in the streets;

B.

Secure safety from fire, panic, and other dangers;

C.

Promote health and the general welfare;

D.

Provide adequate light and air;

E.

Prevent the overcrowding of land;

F.

Avoid undue concentration of population;

G.

Prevent urban sprawl;

H.

Assure the provision of required streets, utilities, and other facilities and services;

I.

Assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian;

J.

Assure the provision of space for recreational, educational, and other public purposes;

K.

Promote desirable living conditions and the sustained stability of neighborhoods;

L.

Protect against blight and decline;

M.

Secure economy in governmental expenditures;

N.

Conserve the value of buildings;

O.

Encourage the most appropriate use of land, buildings, and structures; and

P.

Assure that land is developed in conformity with the Comprehensive Plan.

1.07.01   City of Tifton Zoning Map.

The City of Tifton Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this LDC.

1.07.02   City of Tifton-Tift County Thoroughfare Plan.

The City of Tifton-Tift County Thoroughfare Plan, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this LDC.

1.07.03   Georgia Stormwater Management Manual.

The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this LDC. The GSMM provides the data and requirements to be implemented in Tift County and the City of Tifton to control stormwater runoff and protect water quality.

1.07.04   Building and construction codes.

Each building and construction code listed in Sections 1.07.04 (A) through (I) is hereby adopted by reference as if set forth in its entirety. The following standard building codes as required by the State of Georgia include any attachments, future editions, and amendments.

A.

ICC International Building Code with Georgia Amendments and including [Appendix 1 of this LDC];

B.

National Electric Code with Georgia Amendments;

C.

ICC International Fuel Gas Code with Georgia Amendments;

D.

ICC International Mechanical Code with Georgia Amendments;

E.

ICC International Plumbing Code with Georgia Amendments;

F.

ICC International Residential Code with Georgia Amendments and including [Appendix 1 of this LDC];

G.

ICC International Energy Conservation Code with Georgia Amendments;

H.

ICC International Fire Code with Georgia Amendments; and

I.

International Property Maintenance Code

1.07.05   Water resource protection districts.

The map depicting groundwater and water resource protection districts in Tift County and the City of Tifton is hereby adopted by reference and declared to be part of this LDC.

1.07.06   Reserved.

1.07.07   Technical Standards Manual.

The Technical Standards Manual containing the engineering and design standards for the City of Tifton, GDOT, and other agencies is hereby adopted by reference and declared to be part of this LDC.

1.08.01   Generally.

A.

Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the specific provision.

B.

In the interpretation and application of this LDC all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the City of Tifton and shall not be construed to limit nor repeal any other powers granted under State statutes.

C.

Where provisions of this LDC conflict with other regulations, the more stringent restrictions shall be applied.

1.08.02   Responsibility for interpretations.

A.

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this LDC, the Manager shall be responsible for interpretation. In the interpretation of this LDC, the Manager shall be guided by the Greater Tift County Comprehensive Plan, as appropriate, and applicable State law.

B.

Responsibility for interpretation by the Manager as set forth in this section shall be limited to standards, regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not be construed to override the authority assigned to the City Council, the Zoning Board of Appeals, the Historic Preservation Commission, or to any other commission, board, or official named in other sections or chapters of this LDC.

1.08.03   Rules for boundary interpretations.

Interpretations regarding boundaries of zoning districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following the shoreline of a river, stream, lake or other water body shall be construed as following such shoreline.

1.08.04   Rules of construction.

A.

Words used in the present tense include the future tense.

B.

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

C.

The masculine gender includes the feminine and the neuter.

D.

The word "person" includes a firm, partnership, company, corporation, or association as well as individuals.

E.

The word "shall" is always mandatory; the word "may" is permissive.

F.

"Or" may be read "and," may be read "or," if the sense requires it.

G.

The term "written" or "in writing" shall include any representation of words, letters, or figures, whether by printing or otherwise.

H.

The term "day" means a calendar day.

I.

The term "month" means a calendar month.

J.

The word "week" shall mean seven (7) days.

K.

The word "year" shall mean a calendar year.

1.08.05   Computation of time.

When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, the first or last day shall not be counted; and if the last day falls on Saturday or Sunday, the person having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as provided for in O.C.G.A., section 1-4-1, the person having the privilege or duty shall have through the following day to exercise the privilege or to discharge the duty; however, when the following day is a Saturday or Sunday, the person shall have through the following Monday to exercise the privilege or to discharge the duty.

1.09.01   Acronyms.

ADA - Americans with Disabilities Act

ASHTO - American Association of State Highway and Transportation Officials

BMP - Best Management Practices

DBH - Diameter at Breast Height

DHR - Department of Human Resources

DNR - Department of Natural Resources

DRI - Development of Regional Impact

EPD - Georgia Environmental Protection Division

FAA - Federal Aviation Administration

FCC - Federal Communications Commission

FEMA - Federal Emergency Management Agency

FHBM - Flood Hazard Boundary Map

FIRM - Flood Insurance Rate Map

GIS - Geographic Information System

GDOT - Georgia Department of Transportation

GSMM - Georgia Stormwater Management Manual

HVAC - Heating, Ventilation, and Air Conditioning

ICC - International Codes Council

ITE - Institute of Transportation Engineers

MSL - Mean Sea Level

NOI - Notice of Intent

NWI - National Wetland Inventory

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

SDRC - Staff Development Review Committee

SGRDC - South Georgia Regional Development Center

TMA - Henry Tift Myers Airport

LDC - Land Development Code

USACE - United States Army Corps of Engineers

(Ord. No. 2024-03, 3-18-2024)

1.09.02   Definitions.

Abutting. Immediately adjacent or contiguous.

Acceleration/deceleration lanes. Paved exits and entrances off of a major thoroughfare onto private property for the purpose of expediting the free flow of traffic.

Accessory. A use or structure which is incidental and subordinate to the principal use or structure, and which is located on the same lot as the principal use or structure.

Addition to an existing building. 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 firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load bearing walls is new construction.

Adult entertainment establishments. Any commercial establishment, which has as its primary purposes or business the offer for sale of any book, publication, or film which depicts nudity, or sexual conduct or engages in services such as bath houses, massage parlors, wrestling parlors or like activity, including a night club, restaurant, cabaret, lounge, or other establishment which features adult entertainment.

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

Agriculture. The production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops, grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Retail selling of products raised on the premises shall be considered a normal accessory activity provided that space adequate for the parking of customer's vehicles shall be provided off the public right-of-way.

Airport definitions.

Control zone. Airspace extending upward from the surface of the Earth which may include one or more airports and is normally a circular area of five statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

Decision height. The height at which a decision must be made during an ILS instrument approach to either continue the approach or to execute a missed approach.

Instrument runway. A runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment for which an instrument approach procedure has been approved or planned.

Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

Minimum enroute altitude. The altitude in effect between radio fixes which ensures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by a competent authority. (Ord. of 6-2-75, § 5)

Alley. A public right-of-way, not intended to provide the primary means of access to abutting property, but used for service access to the rear or side properties otherwise abutting a public street.

Animals. Animals useful to man, including but not limited to: dairy animals; poultry; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats or any mutation or hybrid thereof, including the breeding and grazing of any or all such animals; bees; and small fur animals, except dogs and cats.

Animal Hospital, Veterinary Clinic. An establishment in which a licensed veterinarian provides diagnosis, treatment, or prevention of animal diseases, which may include overnight care limited to convalescence. An animal hospital does not include a kennel or boarding of well animals and is limited to domestic pets.

Appeal. A request for a review of the City's interpretation of any provision of the LDC.

Architect. A qualified person registered and currently licensed or otherwise authorized to practice architecture in the State of Georgia.

Architectural planter. A decorative container within which plantings may be placed.

Basement. The portion of a building having its floor sub-grade (below ground-level) on all sides.

Best management practices (BMPs). A practice or combination of practices, including structural improvements and nonstructural actions, based on sound science and professional judgment, to be the most effective and practicable means of achieving the identified goal.

Boarding or rooming house. A building dedicated to the lodging, with or without meals, of non-transient persons for compensation.

Bond. A written instrument issued or executed by a bonding, surety, or insurance company licensed to do business in the state, guaranteeing that the person bonded shall faithfully fulfill and satisfy all requirements of this LDC, made payable to the City for costs and expenses which result from nonperformance or failure of the person bonded to satisfy the requirements of this LDC.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system..

Buffer (Waterway). 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.

Buffer area; Buffer strip. A landscaped open area and/or screened area designed to separate incompatible uses.

Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.

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

Building line. A line beyond which no foundation wall or part of the structure of any building shall project, except as set forth in Chapter 4 of this LDC.

Business entity. Any corporation, partnership, limited partnership firm, enterprise, franchise, association, or trust.

Care home. An orphanage, rest home, nursing home, convalescent home, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts, and not including nursery schools.

Congregate personal care home. A home for adults which offer care to sixteen (16) or more persons.

Family personal care home. A home for adults in a family-type residence, non-institutional in character, which offers care to two (2) through six (6) persons.

Group personal care home. A home for adult persons, in a residence or other type building(s), which offers care to seven (7) through fifteen (15) persons.

Personal care home. A building or group of buildings, a facility, or place in which is provided two (2) or more beds and other facilities and services, including room, meals and personal care for non-family, ambulatory adults for compensation.

Certificate of appropriateness. A document approving a proposed material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district.

City. The term "the city" shall mean the City of Tifton in the County of Tift and the State of Georgia, except as otherwise provided.

Club, or lodge, private. An incorporated or unincorporated association which regularly assembles for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Comprehensive Plan. The most recent adopted Comprehensive Plan of the City of Tifton.

Conditional zoning means 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 chapter 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.

Conditional use means 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 and any additional requirements contained herein prior to the issuance of a conditional use permit.

Condominium. A building containing three (3) or more individually owned dwelling units and related, jointly owned common areas as defined by the laws of the State of Georgia.

Conservation easement. An agreement between a landowner 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.

Construction. Any activity which either:

(1)

Is of a type for which an application for a building permit must be made prior to the commencement of any improvements; or

(2)

Involves soil preparation for and pavement of any vehicle use area; or

(3)

Constitutes any activity for which a land disturbance permit is required pursuant to Chapter 3 of this LDC.

County. The County of Tift, a political subdivision of the State of Georgia.

Crosswalk. A right-of-way within a block dedicated to public use for pedestrian use only and so designed as to provide access to adjacent streets or lots.

Curb Cut. The providing of ingress and/or egress between property and an abutting public street.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface to the excavated surface; and also known as excavation.

Day cares, kindergartens and nurseries. Any place operated by an individual or any business entity recognized under Georgia law wherein are received for pay for group care, for fewer than 24 hours per day without transfer of legal custody, seven or more children under 18 years of age and which is required to be licensed. Child care learning center also includes any day care center previously licensed by the Department of Human Resources and transferred pursuant to Code Section 20-lA-l et seq. Ga. Comp R. & Regs. 591-1-1-.02.

Density. The total number of dwelling units divided by the gross site area.

Developed area. The portion of a lot, excluding public rights-of-way, upon which buildings, structures, pavement, landscape materials, and/or their other improvements have been, or are to be, located.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials.

Diameter at breast height (DBH). A forestry term that takes the thickness measurement of a tree at four and one-half (4.5) feet above the ground.

Director shall mean the Director of Environmental Management or his designee.

Donation box: Any unattended container, receptacle, or similar device used for soliciting and collecting donations of clothing and/or other salvageable personal property. This term does not include any unattended donation box location within a building which is permitted by right.

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

Dwelling unit. An enclosure of one (1) or more rooms, including kitchen and bathroom facilities, designed or constructed as a unit for residential occupancy by one (1) family.

Dwelling, manufactured home. A new or used structure, transportable in one or more sections, which, in the traveling mode, when erected on site, is 400 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling unit 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. Section 5401, seq. For the purpose of the administration of this LDC, the term manufactured home shall not be interpreted to include mobile homes. For the purposes of this definition, singlewide shall be construed as any manufactured or mobile home having a width of between eight (8) and sixteen (16) feet and is transported entirely in one section.

Dwelling, mobile home. A new or used structure, transportable in one or more sections, which, in the traveling mode when erected on site, is 400 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. These were built prior to June 15, 1976 and do not meet current Department of Housing and Urban Development manufactured home codes.

Dwelling, multi-family. A building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a fire rated party wall or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of multi-family structure.

Dwelling, single family attached. One of a series of two (2) or more single family dwelling units built on separate lots attached to another dwelling unit on an adjoining lot by a fire rated common wall.

Dwelling, single family. A detached building used and either designed or constructed for one dwelling unit.

Dwelling, two family, or duplex. A building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a fire rated common wall and/or if two stories in height, by a fire rated common floor.

Easement. A grant by the owner of land for the use of such land by others, including public usage, for a specific purpose or purposes.

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

Exterior architectural features. The architectural style, general design and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material; the type and style of all windows, doors, and signs; and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.

Facade. Any face of a building. The dominant facade of the building is where its principal entrance is located and which may not face the street upon which its legal address is located.

Family child care learning homes. A private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 13 years of age who are not related to such persons and whose parent(s) are not residents in the same private residence as the provider and which is required to be licensed; provided, however, that the total number of unrelated children cared for in such home, for pay and not for pay, may not exceed six children under 13 years of age at one time, except that a Provider may care for two additional children three years of age or older for two designated one hour periods daily upon approval by the Department. Ga. Comp. R. & Regs. 290-2-3-.03.

Farm. A bona fide farm is the primary or principal use of land and buildings for the purpose of conducting agricultural activities including raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock; or the production of plants, trees or timber. The term farm includes the residence of the owner or operator of the farm.

Fence. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure, including hedges, encircling either wholly or any portion of any area, or within or along the bounds of any portion of a lot, parcel or public right-of-way.

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

Flood and flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow in inland or tidal waters; or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Area of shallow flooding. A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the federal emergency management agency, areas of special flood hazard shall be those designated by the local community.

One-Hundred-Year Floodplain. The area that will be inundated by a flood event having a one (1) percent chance of being equaled or exceeded in any given year. This event is also referred to as the base flood or 100-year flood.

Base Flood elevation. The computed elevation to which the floodwaters are anticipated to rise during a base flood or 100-year flood. Base Flood Elevations (BFEs) are shown on FEMA's Flood Insurance Rate Maps (FIRM).

Elevated building. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), and shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Existing construction. Pertaining to the regulation of structures as set forth in Section 3.02.00, means any structure for which the start of construction commenced before April 3, 1978.

Existing manufactured home park or subdivision. Pertaining to the regulation of structures as set forth in Section 3.02.00 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) was completed before April 3, 1978.

Expansion to an existing manufactured home park or subdivision. 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.

Flood hazard boundary map (FHBM). An official map of a community, issued by the federal emergency management agency, where the boundaries of the areas of special flood hazard have been defined.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the federal emergency management agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain. Any land area susceptible to flooding.

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

New construction. Pertaining to the regulation of structures as set forth in Section 3.02.00, means structures for which the start of construction commenced on or after April 3, 1978.

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

Floor area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, attic, porches, carports, and garages.

Governing authority. The City Council of the City of Tifton

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

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

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Grading. 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.

Ground cover. Natural mulch or low growing plants other than deciduous varieties installed for the purpose of providing a continuous cover over the surface of the ground.

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

Hazardous waste. Any solid waste, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, which may be detrimental to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. Environmental Protection Agency has developed a list of hazardous wastes based upon corrosively, reactivity, and toxicity.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the United States 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 by states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Historic Preservation District. An overlay district featuring design criteria to ensure the preservation and protection of historic sites and structures. Additional definitions are in the Historic Design Manual as described in Chapter 4 of this LDC.

Home occupation. Any business occupation or profession customarily conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes.

Hospital. Any 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 senile psychotics, drug addiction or alcohol treatment, but shall not include office facilities for the private practice of medicine or dentistry.

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.

Junkyard. Use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking, and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel. Any location where boarding, caring for, and keeping of more than a total of three (3) dogs or cats, or other small animals or combination thereof (except litters of animals of not more than six (6) months of age) is carried on for compensation, and also raising, breeding, caring for, or boarding of dogs, cats, or other small animals for commercial purposes.

Kennel, non-commercial. Any location where the boarding, caring for and keeping of more than three (3) but not more than ten (10) dogs or cats or other small animals or combination thereof (except litters of animals of not more than six (6) months of age) is carried on, not for commercial purpose, but as a hobby such as the raising of show and hunting dogs.

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

Landscape. The placement of plant material(s) in an area, including trees, shrubs, vines, lawn grasses, ground cover, and other living plant material.

Landscape architect. A design professional registered and currently licensed or otherwise authorized to practice landscape architecture in the State of Georgia, as defined in O.C.G.A. § 43-23-1, providing the services therein defined.

Landscape designer. A person engaged in the design of landscaping for residential and nonresidential sites, but not a licensed profession authorized to practice landscape architecture.

Lot. A parcel of land described by metes and bounds or by reference to a recorded plat of survey in instrument or instruments recorded in the deed records in the office of the Clerk of the County Superior Court, and which is held in a single ownership by one (1) person or in common ownership by more than one (1) person.

Lot of record. A lot which is part of a subdivision recorded in the office of the Clerk of the Superior Court of Tift County, or a parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this LDC.

Lot width. The distance between the side lot lines, measured along the front yard setback line as established by this LDC, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

Lot, corner. A lot having frontage on two (2) or more public streets at their intersection.

Lot, through. A lot other than a corner lot, having frontage on more than one (1) street; or a corner lot having frontage on three (3) or more streets.

Lumen. A quantitative unit measuring the amount of light emitted by a light source.

Manufactured housing park. An area, under single ownership and not subdivided into customary lots planned for individual ownership, containing three (3) or more manufactured homes used as living facilities having a defined space, or an area containing three (3) or more spaces designed or intended for parking of manufactured homes to be used as living facilities for rent or lease.

Material change in appearance. A change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:

(1)

A reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements;

(2)

Demolition of a historic structure;

(3)

Commencement of excavation;

(4)

A change in the location of advertising visible from the public way on any historic property; or

(5)

The erection, alteration, restoration, or removal of any building or other structure within a historic district, including walls, roofs, fences, steps and pavements, or other appurtenant features, except exterior paint alterations.

Mean sea level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elections within the floodplain. For purposes of this LDC, the term is synonymous with national geodetic vertical datum (NGVD).

National geodetic vertical datum (NGVD). A vertical control used as a reference for establishing varying elevations within the floodplain.

Natural ground surface. The ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance-in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

Newspaper or periodical production, sales, and distribution. The operation of newspaper or periodical business including the production, sales, and distribution thereof, including all necessary presswork. Such term includes but is broader than newspaper or periodical publishing.

Newspaper or periodical publishing. This term is narrower in scope than newspaper or periodical production, sales and distribution. The term does not include presswork, sales, or distribution and is limited to the composition, layout, and non-presswork printing of a newspaper or periodical.

Night club (lounge). A place of entertainment open at night, usually serving food and alcoholic beverages, and providing music and space for dancing.

Non-emergent medical transport services. A service licensed by the state under O.C.G.A. title 31, ch. 11, arts. 1—4 (O.C.G.A. § 31-11-1 et seq.) as applicable and as administered by the department of human resources providing prearranged non-emergency medical transport.

Non-emergent medical transport vehicles. A privately-owned commercial motor vehicle engaged in the business of carrying passengers for hire, to and from medical appointments. This does not include: taxicabs, ambulances, sightseeing tour vehicles, or limousines rented with drivers by contract.

Open space. Undeveloped land suitable for passive recreation, conservation, or fallow land.

Permit. The authorization necessary to carry out construction or a land disturbing activity under the provisions of this LDC.

Person. The term "person" shall include a corporation, firm, partnership, association, organization, trust, and any other group acting as a unit, as well as an individual.

Planning Commission. As utilized in this LDC, the Planning Commission shall mean the City of Tifton Planning and Zoning Commission as duly appointed by the city council.

Plat. A map, generally of a subdivision, showing the location, boundaries, and ownership of individual properties.

Plat, preliminary. The first stage of plat or subdivision plan review as described in Chapter 4 of this LDC.

Plat, final. The final stage of plat or subdivision plan review as described in Chapter 4 of this LDC.

Premises. Whenever the term "premises" is used, it shall mean place or places.

Principal building. The building containing, or to contain, the predominant use of a lot.

Principal use. The primary purpose for which a lot, or the main building thereon, is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.

Protective covenant. A private contract existing between the land sub-divider or developer and subsequent property owners of a particular defined area limiting design and usage of similarly situated properties. These instruments are generally publicly recorded with a particular land subdivision, and maintenance and enforcement of the contract is between the private parties.

Real property (property). Any tract or parcel of land and, if developed, any buildings or structures located on the land.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Religious facility. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

River/stream bank. The rising ground, bordering a river or a stream, which serves to confine the water to the natural channel during the normal course of flow.

Roadway drainage structure. 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 side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Rural. All areas designated as SA Zones.

School. A facility where persons regularly assemble for the purpose of instruction or education including any playgrounds, stadiums, or other structures and grounds used in conjunction therewith. This shall include, but not be limited to, public and private schools used for primary, secondary, or post-secondary education.

Sediment. 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. The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.

Setback. The shortest distance between the defined boundary and the principal building or structure on a lot.

Shopping center. Two (2) or more commercial establishments planned and managed as a single unit.

Shrub. A woody plant normally characterized by persistent wood stems, low stature and branching near its base.

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curb line and improved walkways.

Sign. Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

A-frame sign. Any upright, rigid supporting frame in the form of a triangle with steeply angled sides that meet at the top in the shape of the letter "A" located on the ground, not permanently attached and easily movable, and usually two-sided which conveys a message. Sandwich board signs are included in this definition.

Aggregate sign area. The area of all signs on a parcel, excluding the area of one face of all double-faced signs.

Animated sign. A sign with action, motion, or changing colors which requires electrical energy. This definition includes any signs that electronically change the sign face, whether by substitution of copy or scrolling. An electronic sign that maintains a steady sign face without change for no less than six (6) hours is not considered an animated sign. However, any deviation from the minimum six (6) hour change of unchanged copy results in the sign being considered an animated sign.

Area of a sign/ Sign area. The smallest square, rectangle, triangle, circle, or combination thereof, which encompasses one face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.

Awning sign. A sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.

Banner. A sign, with or without characters, letters, illustrations or ornamentation, applied to cloth, paper or fabric of any kind, with only such material as backing.

Billboard sign. Shall mean any sign with a sign area exceeding 300 square feet.

Double-faced sign. A sign which has two (2) display areas placed back to back against each other or where the interior angle formed by the display areas is sixty (60) degrees or less and where one face is designed to be seen from one direction and the other face from another direction.

Flag. Any fabric or bunting containing colors, patterns, or symbols used to signify a government or other entity or organization.

Freestanding sign. A sign securely affixed to a support structure which is permanently attached to the ground and wholly independent of any building for support, such as monument or stanchion signs.

Historic District. The entire area designated by ordinance as a historic district.

Illuminated sign. A sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.

Monument sign. A freestanding sign mounted directly upon the ground. Such sign may not be attached to, or be a part of or supported by, the building in or to which the sign applies.

Non-conforming sign. Any sign which does not conform to the provisions of this ordinance that was legal at the time of its erection.

Parcel. A separate tax unit of real property on county real estate records.

Roof sign. A sign attached to, or supported by, the roof of a building which extends above the immediately adjacent roofline of the building.

Stanchion sign. A freestanding sign mounted on one or more steel poles set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon, or is supported by, such poles.

Wall sign. A sign fastened, placed or painted upon, or parallel to, the exterior wall of the structure itself, whether front, rear or side of the structure.

Window sign. A sign installed flush with or on a window and intended to be viewed from the outside.

Slope. The relationship between a vertical distance and a horizontal distance perpendicular to the horizontal distance at the extremity thereof, e.g., a slope of twenty to one (20:1) expresses the relationship of a horizontal line of twenty units measure (feet, yards, etc.) to a vertical line perpendicular thereto of one unit of the same measure (feet, yards, etc.).

Small tree/understory tree. A self-supporting woody plant of a species which under normal conditions will develop a single or multiple trunks of a caliper diameter of at least two (2) inches at a height of six (6) inches above ground level and a maximum height at normal maturity of twenty-five (25) feet or less.

Stabilization. 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.

Start of construction. The date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit data. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or 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 the installation on the property of buildings appurtenant to the permitted structure, such as a garages or sheds not occupied as dwelling units or part of the main structure. 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 general permit (stormwater). The National Pollution Discharge Elimination System (NPDES) general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq., and subsection (f) of O.C.G.A. § 12-5-30.

State waters. 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.

State. The terms "state" and "the state" shall mean the State of Georgia.

Street. Any and all public or private rights-of-way located within the corporate limits of the City of Tifton which are utilized for public vehicular or pedestrian right-of-way purposes including streets, highways, roads, avenues, parkways, alleys, boulevards and their approaches. Alleys or those streets deemed similar, shall not serve as the primary entrance to a property for design standards for lots 4.01.01D.

Arterial street. A street which is designated as such on the Major Thoroughfare Plan and which is intended to provide swift and safe movement of traffic through the city and county.

Collector street. A street which is designated as such on the Major Thoroughfare Plan and which is intended to collect traffic from local streets and direct it safely to arterial streets.

Cul-de-sac. A street having only one (1) end open for access to another street, the other end being terminated by a turnaround.

Local street. A street used for local circulation in areas providing access to abutting property.

Public street. Right-of-way dedicated to the city, county, state, or federal government or owned by the city, county, state, or federal government for public street purposes.

Street tree. Any tree or shrub the trunk of which is located within the right-of-way of a street.

Structural erosion and sedimentation control measures or practices. Measures for the stabilization of erodible or sediment producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, grade stabilization structures, sediment traps, and land grading, etc. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground.

Substantial damage. 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. Any combination of repairs, reconstruction, alteration, or improvements to a structure taking place during a five-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 structure is the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring. 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 structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions.

Substantially improved existing manufactured home parks or subdivisions. Any combination of repairs, reconstruction(s), rehabilitation, or improvement of the streets, utilities, and pads that equals or exceeds forty percent (40%) of the value of the streets utilities and pads before the repair, reconstruction, or improvement commenced.

Telecommunications facilities. The providing or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphics and video programming information between or among points of wire, cable, fiber optics, laser, microwaves, radio, satellite or similar facilities, including towers and tall structures, with or without benefit of any closed transmission median.

Tourist home. A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.

Tree. A self-supporting woody plant of a species which has developed (or which under normal conditions will develop) a single or multiple trunks of a caliper diameter of two (2) inches or more at a height of six (6) inches above ground level and an overall height at maturity of at least twenty (20) feet.

Trout streams. All streams or portions of streams within the watershed as designated by the game and fish division of the state department of natural resources under the provisions of the state water quality control act, O.C.G.A. § 12-5-20 et seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year.

Urban. All areas not designated as SA Zones.

Utility. Public, 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, storm water systems and railroads or other utilities identified by a local government.

Variance. A grant of relief from the requirements of this LDC which permits construction in a manner otherwise prohibited by this LDC where specific enforcement would result in unnecessary hardship.

Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1)

Permanent seeding, sprigging, or planting producing long-term vegetative cover;

(2)

Temporary seeding producing short-term vegetative cover; or

(3)

Sodding, covering areas with a turf of perennial, sod-forming grass. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Vehicle use area. Any ground surface area, except public rights-of-way, used by any type of vehicle whether moving or at rest, including, but not limited to, driving, parking, loading and unloading, including vehicular uses under, on, or within buildings.

Vines. Any of a group of woody or herbaceous plants which may climb by twining or which normally requires support to reach mature form.

Visibility triangle. The area of land described as either of the following:

(1)

The triangular area of property on each side of a driveway formed by the intersection of the driveway and the public right-of-way line and the third side being a line connecting the ends of the two (2) other sides; or

(2)

The triangular area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the two (2) other sides.

Watercourse. Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands. Those areas that are inundated or saturated by surface water 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. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters designating wetlands include hydric soils, hydrological vegetation, and hydrological conditions involving a temporary or permanent source of water to cause soil saturation. For the purposes of this LDC, the l987 National Wetlands Inventory shall serve to define these potential areas.

Yard, front. 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.

Yard, rear. 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.

Yard, side. That 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.

(Ord. No. 2015-09, 6-1-2015; Ord. No. 2018-13, 6-18-2018; Ord. No. 2019-13, § I, 6-17-2019; Ord. No. 2020-08, 6-15-2020; Ord. No. 2023-06, § I, 3-20-2023; Ord. No. 2024-01, 2-19-2024; Ord. No. 2024-02, 2-19-2024; Ord. No. 2024-03, 3-18-2024)