For the purposes of this ordinance, certain terms and words are hereby defined. Words used in the present tense include the future, the singular number includes the plural and the plural the singular, the word may is permissive and the word shall is mandatory. Words and phrases not defined in this section, but defined in other sections of the ordinance, shall be given the meaning set forth in that section. All other words and phrases shall be given the meaning as defined in section 1-4, chapter 1, the Code of Troup County, Georgia.

Abutting. Having a common border with another lot or parcel. Rights-of-way or easements do not negate common borders.

Accessory Building or Structure. A building customarily incidental and subordinate to the main building on a single lot or parcel. Accessory buildings or structures include but are not limited to the following: greenhouses, playhouses, pools, pool houses, gazebos, barns, equipment sheds, storage buildings, workshops, detached garage, carport, dock house, and pole barns. See also "Storage Building."

Accessory Use. A use customarily incidental, appropriate and subordinate to the principal use of land located upon the same lot or parcel.

Alteration of Building. Any change in the supporting members of a building (such as bearing walls or partitions, beams, columns, girders, etc.). Alteration may also include any addition to or reduction of a building or moving a building from one location to another.

Apartment. See "Dwelling, Multi-Family."

Appraiser. A data collector or certified mass appraisal officer in the Troup County Property Appraisal Office.

Appraiser Parcel Number (APN). Also called assessor parcel number, an identification number assigned to a parcel by the Troup County Property Appraisal Office.

Area of Special Flood Hazard. The land located inside a floodplain subject to one percent or greater chance of flooding in any given year.

Assembly Site or Hall. A site, building or portion of a building in which facilities are provided for civic, educational, political, religious, or social purposes.

Barn. An agricultural building used for storage and as a covered workplace. It may sometimes be used to house animals or to store farming vehicles and equipment. Barns are most commonly found on a farm or former farm. See also "Accessory Structure" or "Storage Building."

Basement. The area below grade level of a building and having not more than one-half of its height above grade.

Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel or lot as the light source; or any light with one or more beams that rotate or move in any direction.

Bed and Breakfast Home. A residential structure occupied as principal residence by the owner(s) of record wherein lodging or lodging and breakfast only is provided to guests for compensation.

Bed and Breakfast Inn. A bed and breakfast inn is a building or dwelling unit, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation provided.

Berm. An earthen mound designed to provide visual interest, screening, noise reduction or fulfill other such uses.

Boarders. A person who occupies a bedroom or room as a lodging unit within a dwelling unit, boarding house, rooming house, or lodging house on a long-term residential basis for a consideration and where meals may be provided by the owner or operator.

Boarding House. A residential structure where, for compensation, and by prearrangement, meals and/or lodging are provided for three or more guests, not to exceed ten guests.

Board of Zoning Appeals/Planning Commission. This is a legally established body by Troup County that hears variances, and reviews subdivisions and the Troup County Comprehensive Plan. This body also makes recommendations to the Troup County Board of Commissioners on zoning changes and special uses.

Buffer Area or Buffer Strip. (1) Screen. A landscaped open area unoccupied by structures and facilities except as permitted by this ordinance and/or in some instances specified, a screen of shrubs, trees or similar plants at least eight feet in height and dense enough to establish interrupted vision from one side to the other as may be required by this ordinance. Both are established to separate different and possibly incompatible land uses. (2) A buffer area or strip in a river or stream corridor or floodplains is any area along the course of any river, stream or floodplain maintained in a vegetative, undisturbed and natural condition.

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

Building Line. The line that represents distance a building or structure shall be set back from a lot boundary line or a street right-of-way line or street centerline according to the terms set forth in this ordinance.

Building, Principal. A building in which the primary use on any particular lot is conducted. Example: In a residential district a dwelling unit is considered to be the principal building on that lot of land.

Cabin. A small one-story structure designed for temporary, intermittent use or lodging for vacation, recreation or as a base for hunting or fishing.

Certification or Certified. A determination made by a certifying agent that a profession, service, production or handling operation is in compliance with the governing law or act and the regulations in this part.

Child Care. A service offered at any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, under 18 years of age. This term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Georgia Code section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only.

Child Care, Day-Care Center. A place operated and received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age.

Child Care, Family Day-Care Home. 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 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. All definitions reflect current State of Georgia definitions.

Child Care, Group Day-Care Home. Any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

Church. A building where persons regularly assemble for religious worship intended primarily for purposes connected with such worship.

Clinic. A facility where medical, mental health and dental patients, not normally lodged overnight, are admitted for examination and treatment by one or a group of licensed professionals.

Club or Lodge. Building(s) and facilities owned or operated by a corporation, association or other legally established groups of persons for social, fraternal, civic, cultural, literary, political, educational or recreational purposes operated for the benefit of its members and not open to the general public. This includes not for profit and for profit organizations.

Commercial Recreational Vehicle Park. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by the general public as temporary living quarters.

Community Water System. Any system approved by the Troup County Health Department and the Georgia Department of Natural Resources that provides a central water supply to a number of housing units.

Comprehensive Plan. A long range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community's future economic development, housing, recreation, transportation, community facilities and land use, all related to the community's goals and objectives for these elements.

Concept Plan. A generalized plan indicating the boundaries of a tract or tracts of land and identifying proposed land use, use intensity, and thoroughfare alignment.

Conditional Zoning. The imposition of conditions in the granting of a zoning change application that are in addition to or different from the regulations set forth in this zoning ordinance and that (1) relate to the mitigation of negative impacts of the zoning change on surrounding property, and (2) relate to the promotion of the public health, safety, morality or general welfare.

Condominium. A multiple attached or detached unit or development containing individually owned units and jointly owned and shared areas and facilities.

Consumer Fireworks. Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations. The definition also includes Roman candles.

Consumer Fireworks Retail Sales Facility. A permanent or temporary building or structure that is used primarily for the retail display and sale of consumer fireworks to the public (NFPA 1124, 3.3.29.1); provided, however, that such term shall not include a tent, canopy or membrane structure.

Consumer Fireworks Retail Sales Stand. A temporary or permanent building or structure that has a floor area not greater than 800 square feet, other than tents, canopies, or membranes structures, that is used primarily for the retail display and sale of consumer fireworks to the public.

Convenience Store with Self-Service Fuel Sales. Any retail establishment offering for sale automotive and heating fuels, pre-packaged or on site produced food products, beverages, household items and any other goods commonly associated with convenience stores. See also "Service Station."

Day Nursery. See "Child Care" and "Personal Care" definitions.

Deck. A roofless accessory attached or detached platform without exterior walls generally constructed of wood and adjoins a principal building. Rails or safety features shall not be deemed to be exterior walls.

Deed Restrictions/Private Covenants. Private stipulations running with the land, usually pertaining to residential or commercial subdivisions that govern such matters as lot size, minimum floor area, uses permitted and architectural design. Generally, these are stricter than the minimum standards set forth in zoning district in which the subdivision is located. Troup County assumes and shall have no responsibility to enforce deed restrictions/private covenants.

Density. This term refers to the intensity of land use for a total project. When referring to residential area, density is defined as the number of housing units per acre as allowed by the district in which the property is located or as authorized in development standards of this ordinance. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets or unbuildable acreage that includes but is not limited to wetlands, floodplains or steep slopes.

Density Bonus. This term refers to an increase in the total number of lots in a residential development. For the purposes of this ordinance the increase in lots is expressed in a percentage.

Development of Regional Impact (DRI). Private and some public developments that, because of location, scale use type or public service demand or any combination of the same, could affect the growth, development or quality of life of the region. This is a state regulated process and no zoning changes or issuance of permits may proceed until this process is completed per state guidelines.

Developer. Any person, corporation or other legal entity that acts in his/her/its own behalf or as an agent of any owner of property and engages in alteration of land or vegetation in preparation of construction activity on a parcel of land.

Dock. A structure built or floating upon water and used as a landing for boats or other marine craft, fishing, swimming and other recreational uses.

Dormitory. A building intended or used principally for sleeping accommodations where such building is related to educational, facilities, public or private, and religious facilities.

Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or pumping.

Drive-in. A retail or service enterprise wherein service is provided to the consumer on the outside of the principal building by means of driving to a window and through a designated route.

Duplex. A residential structure designed for two separate occupants with each occupant in a separate dwelling unit where the building is designed, constructed, altered or used as two dwelling units. The building is joined by a common wall and common floor.

Dwelling. A building, or portion thereof, designed or used for permanent residential purposes, not including recreation vehicles, hotels, motels, or mobile homes.

Dwelling, Single-Family. Detached dwelling, containing not more than one dwelling unit that is designed as a single-family household.

Dwelling, Multi-Family. A building designed, constructed, altered or used for three or more adjoining dwelling units, where the occupants of the each individual unit are living independently of each other, with each dwelling unit having a party wall and/or party floor connecting it to at least one other dwelling unit in the same building. Multi-family dwelling may also be townhomes provided they meet all International Code requirements.

Dwelling Unit. A dwelling unit or portion thereof, provides complete living quarters including kitchen, bathroom and living space with all plumbing indoors for one or more persons living in a single housekeeping environment.

Erosion and Sedimentation Control Plan. This term shall refer to a plan for soil erosion and sedimentation control that result from land disturbing activity.

Existing Grade. This term shall refer to the vertical location of the ground surface prior to cutting or filling.

Fabricating. The process of assembling a finished product using standardized parts.

Family. A single family may consist of not more than one of the following:

(1)

Any number of people related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship occupying a single dwelling unit, provided no such family shall contain more than two non-related persons; or

(2)

A group of not more than three non-related persons occupying a single dwelling unit.

For the purpose of this definition, a person shall be considered to reside in a dwelling unit if he or she stays overnight in a dwelling unit for more than 30 days within a 90-day period; or receives mail at the dwelling unit; or lists the dwelling unit as his or her home address on any documents. The term "family" does not include any society, club, fraternity, sorority, association, lodge, institutional group or like organization.

Family Personal Care Home. See "Personal Care Home, Family."

Fence. (1) A freestanding structure designed to restrict or prevent movement across or to establish a boundary. (2) A barrier constructed of any uniform, rigid material or similar materials including chain link (black, green or aluminum) or normal, customary agricultural material for containing farm animals and delineating property lines. (3) A solid barrier for the purpose of providing a screen from public view stored materials, business operations. This solid barrier shall not be constructed with any material that is considered cloth. Plastic material that is flexible is also not considered a solid barrier material.

Floor Area. This term shall refer to the total number of heated square feet in a building determined by horizontal measurements between the interior faces of walls of the various floors of a structure. In addition, for commercial uses, the gross leasable measurement of square feet for any business or industry is based on interior measurements.

Floor Area Ratio. The floor area ratio (FAR) is a ratio of the floor area of a building divided by the lot size. It is a measure of the bulkiness of the building.

Frontage. That dimension of a lot measured along the front public street line. If said front street line is curved, then the dimension along the chord of the arc.

Garage, Mechanical/Repair. Building(s) and premises designed or used for the purpose of providing services of maintenance, minor repair, washing, adjusting, equipping and/or major commercial repair of motor vehicles provided 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 from any public street or adjoining property. A mechanical garage that provides for the storage of vehicles for the purpose of salvaging parts for sale, repair or recycling shall be classified as a junk yard.

Garage, Private. An accessory building or portion of a principal building used only for private storage of permitted motor vehicles.

Greenspace. Open and/or undeveloped space designated for parks, passive recreation, trails, natural and planted gardens, and habitat or geological restoration and preservation.

Greywater. Wastewater obtained from domestic sinks and tubs, but excluding plumbing wastes streams containing bio-wastes such as toilets.

Gross Floor Area (GFA). The sum (in square feet) of the area of each floor level in the building, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores and offices, that are within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. If a ground-level area, or part thereof, within the principal outside faces of the exterior walls is not enclosed, this GFA is considered part of the overall square footage of the building. However, unroofed areas and unenclosed roofed-over spaces, except those contained within the principle outside faces of exterior walls, should be excluded from the area calculations. For purposes of trip generation and parking generation calculations, the GFA of any parking garages within the building should not be included within the GFA of the entire building. The unit of measurement for office buildings is currently GFA; however, it may be desirable to also obtain data related to gross rentable area and net rentable area. With the exception of buildings containing enclosed malls or atriums, gross floor area is equal to gross leasable area and gross rentable area.

Group Personal Care Home. See "Personal Care Home, Group."

Guest house. Accessory living quarters situated within a detached site-built structure located on the same premises with the principal residence. Guest houses shall be limited to one such structure per lot and will not include mobile or modular structures. The size of the guest house shall be limited in that the total area of all structures (existing and proposed) shall not be more than 20 percent of the total lot area, if those structures include a guest house. A detached, subordinate building, located within the rear yard, except on parcels abutting US Corps of Engineers property where setbacks do not apply on that portion of the parcel, designed for lodging of temporary, non-paying guests.

Halfway House. A licensed home for two or more inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Georgia State Department of Corrections.

Handicapped. Shall mean as such term is defined in the Fair Housing Act, 42 U.S.C. 3602(h), and shall mean:

(1)

A physical or mental impairment which substantially limits one or more of such person's major life activities; or

(2)

A record of having such an impairment; or

(3)

Being regarded as having such an impairment, but such term does not include the current, illegal use or addiction to a controlled substance of the current addiction to alcohol.

Hardship Variance. A condition that shall be considered to exist only when one of the following applies to a particular lot or parcel of land. (1) The owner/applicant cannot comply with one provision of the ordinance without violation of another provision of this ordinance; (2) The topography of the land or shape of the lot or parcel precludes compliance with requirements of this ordinance. In order to be a hardship, the condition alleged to be a hardship must not have been created by the owner/applicant's own acts and must consist of more than an alleged economic burden in the use and/or development of a particular lot or parcel of land. See also "Special Exception Variance."

Heavy Manufacturing. Modern manufacturing includes all intermediate processes required for the production and integration of a product's components. Some industries, such as semiconductor and steel manufacturers, use the term fabrication instead. As used herein, heavy manufacturing is the use of tools and labor to make things for use or sale. The term may refer to a vast range of human activity, from handicraft to high tech, but is most commonly applied to industrial production, in which raw materials are transformed into finished goods on a large scale.

Home Occupation. An occupation or profession for gain or support conducted entirely within a dwelling and carried on solely by a resident or residents of the household, unless otherwise provided for in this Ordinance, and that is clearly incidental and secondary to the principal use of the dwelling for residential purposes.

Homesite. That portion of any lot or parcel of land covered by any structure, including but not limited to septic systems and reserve area, wells, buildings, pools, driveways and parking.

Hospital. Any institutions receiving in-patients or public institutions that receives out patients that are authorized under Georgia State Law to render medical, surgical and/or obstetrical care. The term hospital shall include a sanitarium for the treatment and care of the mentally disturbed, drug addicts, epileptic seizures, chronically ill and physically handicapped, but shall not include office facilities for the private practice of medicine, psychology, psychiatry, or dentistry.

Hotel. A building where overnight accommodations are provided for ten or more individuals of the general public for compensation and where provisions for cooking are made in a central kitchen and not in individual rooms or suites and where ingress and egress to all rooms are made through an inside lobby or office.

Houseboat. A floating structure which extends beyond the ordinary high-water mark of a navigable water way and is retained in place either by rope or cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway that is used or intended for human habitation either temporarily or permanently.

Household. An individual or family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

Improvement. Any manmade, immovable item which becomes part of, is placed upon, or is affixed to the land.

Industrial Park. A tract of land subdivided and developed according to a development plan in a manner that provides a park-like setting for industrial uses.

Industrialized Building. A term used in Georgia, "industrialized building" replaces the now obsolete term "Factory-Built Housing" and describes certain manufactured housing regulated by the Georgia Department of Community Affairs. Georgia law defines industrialized buildings as "any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof." Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act," Georgia Law 1982 (O.C.G.A., Title 8, Chapter 2, Article 2, Part 1). An industrialized building shall meet all requirements of the zoning district in which it is located. The term shall also include modular home and systems built home or unit..

Institution. Premises occupied by a non-profit corporation or non-profit establishment for public use.

Intermediate Regional Flood (IRF). A 100-year frequency flood, as defined on the flood hazard maps, and that has a probability of occurring once every 100 years or having a one percent chance of occurring each year.

Junk. Any scrap, waste, reclaimable material or debris including, but not limited to, junk vehicles, junk vehicle parts, junk boats, discarded appliances, and other mechanicals, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, recycled, salvaged, stored, baled, disposed or otherwise used.

Junk Vehicles. Any vehicle that cannot be moved under its own power and that (1) does not have a current license plate, or (2) is not covered by a policy of liability insurance as required under Georgia Law for the operation of such vehicle upon the public roads, streets and rights-of-way.

Junk Yard, Junk Business, Salvage Operation. An uncovered lot or part thereof, whether enclosed or not, used for: (1) the collection, storage, keeping, sale, abandonment, or resale of junk including scrap metal, rags, paper or other scrap material, used lumber, salvage house wrecking and structural steel material and equipment; (2) the dismantling, demolition or abandonment of automobiles, not bearing current tags/decals, mobile or manufactured homes, boats or other machinery, appliances or parts thereof.

Kennel. Facility for the overnight boarding of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens are classified as a kennel activity.

Land Use Plan. This term shall refer to a professionally prepared and formally adopted document and map depicting the desirable existing and future location of residential, commercial, public and industrial land uses and thoroughfares. Also, narrative text describing present and future land use needs of the local government for which it is prepared.

Light Manufacturing Structure or Use. An establishment or use for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products that does not produce or emit offensive or environmentally unsafe noise, odor, fumes, or smoke and does not require flammable materials for resale or storage. Examples of light manufacturing include, but are not limited to, warehouses, distribution centers, manufacturing and assembly of clothing, electric appliances, etc.

Livestock. Any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other non-plant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products, or domesticated animals traditionally kept as pets.

Live/work unit or live/work space. A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Lot. A parcel or portion of land of varying size and shape, described as a single unit of property and held in single ownership by one person or in common ownership by more than one person or corporation.

Lot, Corner. This term shall refer to a lot having frontage on two or more public roads or streets. The front of a corner lot shall be the lot line where the principal building shall orient the primary entrance.

Lot, Line. (1) Front lot line: the forward most line of any lot separating it from the frontage street right-of-way and across which the primary access to the property passes. The front lot line shall be used to identify the street address of the property; (2) The rear lot line is generally opposite the front lot line and that intersects with the side lot lines. If the rear lot line is less than ten feet in length or if the side lot lines come to a point then the rear lot line shall be considered to be the point parallel to the same point in the front lot line; (3) Side lot line: Any property line not opposite the front lot line.

Lot of Record. An area designated as a separate and distinct lot or parcel of land that have all necessary approvals from the Troup County Board of Commissioners and has been lawfully recorded in the Office of the Clerk of the Superior Court of Troup County, Georgia by subdivision plat or deed. See also "Parcel."

Manufactured Home or Office. A new or used 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 built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Such term shall also include any structure which meets all the requirements of this paragraph except 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 Manufacturing Housing Construction and Safety Standards Act of 1974 as amended, 42 U.S.C. 5401, et seq. Manufactured homes shall meet all requirements of article 10, section 10.2 of this ordinance.

Manufactured Home Community (a.k.a. Mobile Home Park). This term shall refer to a lot or parcel of land where three or more manufactured homes are parked for residential purposes and where space is delineated and offered for rent to place a manufactured home. Lots shall be served by appropriate and adequate community services, recreational facilities, utilities, streets and sidewalks provided by the owner of the park property and shall be in compliance with the standards as set forth in these regulations.

Manufactured Portable Office. See "Manufactured Home or Office."

Mini-Warehouses or Storage. A building or portion thereof used for storage, mainly of excess personal property of an individual or family and also for small amounts of goods or merchandise for businesses. Mini-warehouses or storage units shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use other than the storage of articles as defined herein.

Mobile Home. A structure, transportable in one or more sections, which, in 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 built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976.

Modular (Systems Built) Home or Building. Factory fabricated dwelling which is constructed in one or more sections and is manufactured in accordance with the Georgia Industrialized Building Act and the rules of the commissioner of the Georgia Department of Community Affairs. Each modular home shall meet the standards of an industrialized building and shall bear the seal of approval as issued by the Commissioner of the Georgia Department of Community Affairs. Modular homes are transported to the site and installed onto a permanent foundation, never having an axel or a tongue (hitch).

Motel. A building or group of buildings containing guest rooms, offered to the general public for compensation, having separate entrances for each room or suite of rooms, and for which automobile parking is provided for each room or suite of rooms.

Nonconforming Use. Any building, structure or land use that lawfully exists at the time of the adoption of these regulations or subsequent amendment thereto that does not conform, after passage of these regulations and/or amendments to the regulations of the district in which it is located.

Nursing Home. A facility of aged or ill persons in which persons not of the immediate family of the operator are provided with food, shelter, and care for compensation but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment.

Official Zoning Map. A map adopted by the governing body of a political jurisdiction that illustrates the various zoning districts of the jurisdiction.

Open Space. The required portion of a lot at ground level that is available for use by all residents of the property or members of an established and working homeowners association, and where no accessory uses are constructed. This space shall not be used to construct driveways or off-street parking. The space shall be used for passive recreation, nature trails, or remain in its natural state.

Overall Density. This term refers to no increase in the number of lots allowed in a development, but allows for smaller than lots to allow for open space.

Owner. This term shall refer to the record title holder of fee simple interest in property, or a vendee under contract or purchase agreement. The owner if a sole proprietorship; the proprietor, if a partnership; all partners (general and limited); if a corporation, all officers, directors or persons holding at least ten percent of the outstanding shares; and any agent who has been legally authorized in writing to act for the owner.

Parcel. A piece of real property described in legal terms, uniquely numbered for appraiser's uses. See also "Lot of Record."

Person. Any individual, firm, trust, partnership or cooperation, or any other legal entity capable by law of ownership.

Personal Care Home. A profit or non-profit facility, home or structure this term refers to a residence providing the protective care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for safety of the resident while inside the building and may include daily awareness by the management of the resident's functioning and whereabouts, making and reminding a resident of appointments, the ability and readiness for intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medication, and the actual provision of transient medical care. Personal care homes are distinguished from nursing homes in that personal care homes do not have a comprehensive or full-time medical staff. Personal care homes shall not provide services to any person who would constitute a direct threat to the health and safety of other individuals. The term "personal care home" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilitates services as an alternative to incarceration.

See also, "Group and Personal Care Home," "Congregate and Personal Care Home, Family."

Personal Care Home, Congregate. This term refers to a personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to 16 or more persons.

Personal Care Home, Group. A personal care home for adults in a single-family residence or other type building, non-institutional in character and appearance, offering care to seven through 15 persons.

Personal Care Home, Family. This term refers to a personal care home for adults in a single-family residence non-institutional in character and appearance offering care to no more than six persons.

Plat, Final. A complete and exact drawing of a parcel of land or a subdivision located in whole or in part in Troup County that is prepared to record in the office of the clerk of the Superior Court of Troup County, Georgia, and that meets the requirements of O.C.G.A. § 15-6-67, as amended, and all other laws governing the preparation and recording of maps or plats of real property of the State of Georgia.

Plat, Preliminary. See "Subdivision Regulations."

Playground. An area developed for active play and recreation that may contain courts such as for tennis or basketball, etc. or fields, such as for baseball, soccer, etc.

Porch. A roofed open area, that may be screened usually attached to or part of and with direct access to or from a building or structure.

Portable Building. A structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity or plumbing and does not required placement on a permanent foundation. These structures are accessory structures for storage only and are not allowed as principal buildings.

Portable Concession Vending Structure. A portable non-permanent structure for the distribution, merchandising or selling from a non-permanent location.

Portable Office Trailer. See "Manufactured Home or Office."

Principal Use. This term refers to the primary use and main purpose of a lot or structure.

Private Deed Restrictions or Covenants. Regulations and/or requirements imposed on land by the private landowners in a subdivision or other type of housing, commercial or industrial development. These regulations/requirements are binding on present and subsequent owners of the property. The regulations/requirements are enforced by through a homeowners association, private persons or other private entities and not by the County or other public agency.

Professional Office. Structure wherein services are performed involving predominately administrative, professional or clerical operations.

Property Line. Property line describes the legal boundary of a parcel of land.

Property Record Card (PRC). A record maintained by the Troup County Property Appraisal Office (formerly tax assessors office) which contains a wealth of information regarding a specific parcel of land such as unique identifying numbers, ownership, acreage, improvements, conservation covenants if any, square feet of improvements, and more.

Racetrack. (1) A track designed for the racing of vehicles, motorcycles, bikes, ATV's, go carts, horses, dogs or other animals and may include drag strips or demolition tracks; (2) A facility consisting of a paved or unpaved roadway used primarily for the sport of automobile racing. A racetrack may include seating, concession areas, bathrooms, parking facilities, vendor areas, and sponsor areas but does not include residences or offices other than the office for the racetrack..

Recreational Vehicle. A vehicle or portable structure transportable on a mobile chassis, designed to be a temporary dwelling not hooked to any permanent utilities such as electricity, water or sewerage. It includes travel trailers, motorized dwellings, pop-up campers, pickup campers, coaches and other similar recreational equipment.

Remodeling. This term refers to constructing an addition or altering the design or layout of a building or making substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities or vertical access facilities is achieved.

Replacement Manufactured Home Unit. A manufactured home or office unit that is substituted for another manufactured home unit that is existing on the lot.

Resident. An individual whose principal place of living and sleeping is in a particular location is a resident of that location.

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

Right-of-Way. A.k.a. ROW. A strip of land that is granted, through a deed, statute or platting process or other mechanism, for transportation purposes, such as for a rail line or highway or pedestrian or biking trail. A right-of-way is reserved along the transport infrastructure for the purposes of maintenance or expansion of existing services with the right-of-way. Utilities and communications lines typically are located on the ROW.

ROW. An acronym for right-of-way, or plural rights-of-way.

Salvage Operation/Salvage Yard. For the purposes of this ordinance, a salvage operation or yard is a business where the principal activity is buying, selling, exchanging, storing, sorting, packing or dismantling of waste, used or secondhand material or junk

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 limited to, public and private schools used for primary, secondary or post secondary education.

Secondary Detached Residence. A subordinate building on the same lot with the main building that is used designed or intended for dwelling purposes. Examples of secondary detached residences include guest houses and employee quarters. Dwellings on the premises that are rented, leased or occupied by anyone other than the occupant of the main building or his guests or employees are not permitted.

Service Station. Any building or land used primarily for the dispensing, servicing or offering for retail sale of any automobile fuels, oils, grease, batteries, tires, or general automotive servicing as distinguished from automobile repairs, but where no part of the premises is used for the storage or dismantling of wrecked or junked vehicles.

Setback Line. The minimum required distance from the street right-of-way line or any other property line that the principal building or other structure shall observe. See "Building Line" as defined in this section.

Setback Line, Front. A required open space on a lot or parcel of land where no building or structure is located except as permitted by the ordinance. The front setback area (or front yard) shall be the shortest distance measured by a perpendicular line from the lot or building line or centerline of the fronting street, highway or road to the nearest load bearing wall of the principal building or structures on a lot. Load bearing walls do not include cornices, steps, open terraces, or open entrance hoods. These appurtenances should not project more than six feet from the closest load-bearing wall.

Setback Line, Rear. The interior boundary of the rear setback area (or rear yard) being a line equidistant from the rear property line to and extending from the side property lines at the minimum depth specified by the appropriate zoning district requirements.

Setback Line, Side. The interior boundary of a side setback area (or side yard), being a line equidistant from the side property line(s) and extending from the front setback line to the rear setback line at a minimum depth as specified by the appropriate zoning district requirements.

Sewage, Individual Disposal System. A septic tank and seepage tile sewerage disposal system or any other sewerage treatment device for one lot as authorized by this ordinance and approved by the Troup County Health Department.

Sewerage System, Central. This term shall refer to a community sewerage system including widespread collection and treatment facilities serving more than one lot in a subdivision. These types of systems are usually owned and operated by a local government.

Sewerage System, Decentralized. A community sewerage system with a localized collection and treatment system serving more than one lot in a subdivision owned and operated by a local governmental or public authority. This type of system is intended to provide sewer facilities for a localized area and will connect to a central system when lines are available to the area.

Sexually Oriented Business. Sexually oriented business means any business enterprise that:

(1)

Has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasize matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or

(2)

Has one of the following as a regular and substantial business purposes: the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities;" or the providing of services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities" ancillary to other pursuits.

Shopping Center. Two or more commercial establishments planned and constructed with off-street parking and loading facilities provided on site.

Short Term Rental. An accommodation for transient guests where, in exchange for compensation, a residential dwelling that is provided for lodging for a period of time not to exceed 30 consecutive days.

Short-term rental agent/short term rental local representative means a person or organization designated by the owner of a short-term rental on the short-term rental application. Such a person shall be available for and responsive to contact at all times.

Short-term rental guests means guests, tourists, lessees, vacationers or any other person who, in exchange for compensation, occupy a short term rental for lodging for a period of time not to exceed 30 consecutive days.

Site Built Home. A dwelling constructed on a lot or parcel from materials delivered to the site and that is constructed in accordance with all requirements of the International Building Code as adopted by Troup County. Also called "stick-built home."

Site Plan. A drawing, to scale, showing uses and structures proposed for a parcel or parcels of land and structures on the land as required by the regulations. Includes lot lines, streets, buildings, reserved undisturbed, open or recreational space, existing and proposed buildings, natural and manmade landscape features, and possibly, depending on specific uses, utility lines, topographic lines, sidewalks or trails.

Special Exception Variance. A variance that is not based on hardship but rather on the existence of conditions that are not viable for the applicant.

Special Use. A use for a particular lot or parcel that may be allowed by the Troup County Commissioners when specifically listed in and provided for by this ordinance. Special uses are uses that sometimes pose adverse impacts to the surrounding neighborhood or change significantly the use of the parcel, but are considered appropriate uses for the zoning district under certain conditions and circumstances. These uses are subject to such restrictive requirements as may be deemed necessary by the Troup County Commissioners to insure the use is not detrimental to the surrounding property owners or neighborhood.

Storage Building. A subordinate building on the same lot with the main building that is used designed or intended for the storage of inert materials and is not used for residential purposes. See also accessory building or structure.

Store (Consumer Fireworks). A building classified as a mercantile occupancy that contains a variety of merchandise, that is not used primarily for the retail sale of consumer fireworks (NFPA 1124, 3.3.74), and is treated as a Retail store offering common merchandise in the permitted use chart, Table 7.4. Seventy-five (75%) percent or more of the merchandise contained therein must be unrelated to consumer fireworks or fireworks.

Street. A public right-of-way whether designed as an avenue, boulevard, road, highway, expressway, lane or other way that is dedicated or devoted to public vehicular use and that is a means of getting from one place to another and may afford a principal access to abutting property. Troup County roads are defined in the functional classification map of Troup County and located in the offices of planning and zoning.

1.

Arterial—These streets are intended to provide higher travel speeds between or within communities or to and from collectors and expressways.

2.

Collectors—Are major and minor roads that connect local roads and streets with arterials. Collectors provide less mobility than arterials at lower speeds and for shorter distances. They balance mobility with land access.

3.

Local Roads—Local roads provide limited mobility and are the primary access to residential areas, businesses, farms, and other local areas.

Structure. Anything constructed or erected that requires a fixed location on or in the ground or is attached to something having a fixed location on the ground.

Subdivision. A subdivision shall be defined as all divisions of a tract or parcel of land under common ownership into two or more lots, building sites or other divisions for the purpose, immediate or future, of sale, legacy, or building development.

Subdivision, Major. A major subdivision shall be defined as all divisions of a tract or parcel of land under common ownership into more than four lots.

Subdivision, Minor. A subdivision shall be defined as all divisions of a tract or parcel of land under common ownership into more than two and less than five lots where no new streets are constructed.

Suspended Sign. This term shall refer to a sign that is suspended from the underside of a horizontal plane surface and is supported by that surface.

Temporary Emergency Structure. A residence which may be a manufactured unit that is (i) located on the same lot made an uninhabitable by fire, flood or other natural disaster and occupied by persons displaced by such disaster (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when complete (iii) located on a non-residential construction site and occupied by persons having construction or security responsibilities over such construction site.

Through Lot. This term shall refer to a lot, other than a corner lot, having frontage on two public streets or highways.

Towing/Wrecker Service Business. Includes any licensed person or entity that engages in or who owns or operates a business which engages, in whole or in part, in the towing or removal of vehicles for compensation.

Trailer, Travel. This term shall refer to a vehicular portable, temporary dwelling for travel, recreation and vacation uses and is considered a recreational vehicle.

Travel Trailer Park. See definition of a "Recreational vehicle park."

Undisturbed Natural Buffer. A tract of land in its natural state as required around state waters where no vegetation can be removed or planted without approval. No herbicides, pesticides, or other chemicals, either natural or manmade may be used in this buffer.

Urban Area Boundary; (a.k.a. Urban Growth Boundary). A line drawn between urban and rural lands defining the limits to which the urban area is expected to grow. See "Troup County Functional Classification Map."

Use, Permitted. Those uses specifically listed in this ordinance as "uses permitted inherently" not to include uses herein defined as nonconforming.

Use, Principal. The predominate purpose for which a lot or the main building or structure on a lot is designed, arranged, intended, occupied or maintained.

Use, Special or Conditional. Those uses that are permitted in a particular zoning district only under certain specified conditions.

Variance. See "Hardship" or "Special Exception Variance."

Vending. Any activity by any person involving the display, sale, offering for sale, offering to give a way or giving away anything of value including any food, beverage, goods, wares, merchandise, or services.

Water System, Individual. A potable water supply (i.e., a well) serving a single building, residence or other facility designed and used for drinking.

Water System, Public. A potable water system with distribution lines other than individual water systems owned and operated by Troup County or any municipality or public authority within the political boundaries of Troup County.

Wildlife Habitat. Living and nonliving components which interact forming a complete environmental unit.

Yard Sale. A one-day or two-day sale of common household items from a residential lot or lots. This definition includes garage sale, carport sale or rummage sale.

Yard. A space on the same lot with a principal building or structure, open, unoccupied, and unobstructed by buildings or structures, except where encroachments and accessory buildings are expressly permitted. Yards shall be delineated by the setback or setback lines of front, side, and rear yard.

Zoning. This term refers to the delineation of districts and establishment of regulations regarding the use, placement, spacing, bulk and height of land and buildings in unincorporated Troup County.

Zoning Map. The legally adopted "Official Troup County Zoning Map" that is made part of this document by reference.

(Ord. No. 2010-11, § IA., 6-1-2010; Ord. No. 2013-06, § I, 1-15-2013; Ord. No. 2013-08, § I, 5-21-2013; Ord. No. 2013-09, §§ I, II, 6-4-2013; Ord. No. 2015-02, § I, 12-2-2014; Ord. No. 2015-04, § I, 6-16-2015; Ord. No. 2016-03, § I, 3-5-2016; Ord. No. 2017-01, § I, 7-5-2016; Ord. No. 2017-14, § I, 2-7-2017; Ord. No. 2018-09, § I, 10-3-2017; Ord. No. 2018-13, §§ I—III, 2-6-2018; Ord. No. 2023-03, § I, 11-15-2022; Ord. No. 2024-03, § I, 4-2-2024)

State Law reference— Regulation of Fireworks, O.C.G.A. § 25-10-1 et seq.

Standards reference—National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition, 3.3.18, 3.3.29.1, 3.3.74.