§ 34-207. Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All words used in this article that are not defined herein shall carry their customary meaning as defined by a standard dictionary.

Accessory use means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Examples of accessory uses are family gardens to residences, and swimming pools to residences or to hotels.

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

Agriculture means the raising of soil crops and livestock in a customary manner on tracts of land and shall include all associated activities. Retail selling of products raised on the premises shall be considered a permissible activity, provided that space necessary for the parking of customers' vehicles shall be provided off the public rights-of-way.

Alley means a minor way, public or private, used for service access to the back or side of properties otherwise abutting a street.

Appeal means a request for a review of the county's interpretation of any provision of this article or a request for a variance.

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

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Automobile graveyard means any establishment which is maintained or used for storing, buying or selling junk cars.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means that portion of a building having its floor subgrade (below ground level) on three sides.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

Breakaway wall means 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.

Building means any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.

Building, accessory, means a detached, subordinate structure designed use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use.

Building, principal, means a building in which is conducted the main use of the lot on which said building is located.

Building setback line means a line parallel to the property line in front of which no foundation wall or part of the structure of any building shall project, with the exception of roof overhang and the subsurface projection of footings.

Clerk of court means the duly elected clerk of the superior court of the county.

Closure means a procedure approved by the environmental protection division of the state department of natural resources for the cessation of receipt of materials requiring a permit under this article or under state law at a site and for the securing of the site in preparation for post-closure.

Cluster housing means the grouping of conventional single-family detached houses (not to exceed 2,000 square feet each).

Commissioner means the governing body of the county, or the person, individual or committee lawfully designated by the governing body.

Composting means the controlled biological decomposition of organic matter into a stable, odor-free humus.

Comprehensive plan means any part or element of the comprehensive plan of the county or its environs. This may include, but is not limited to, community facilities, thoroughfare plan, and land development plan.

Conditional use means a use not ordinarily permitted, but which may be permitted upon the imposition of reasonable 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; and conveyance of land and agreements that the property will revert to its former classification if the specified conditions are not met. A conditional use must be approved in the same manner as a rezoning request prior to the issuance of a permit.

Condominium means individual ownership units in a multifamily structure, combined with joint ownership of common areas of the building, and grounds, in accordance with all applicable provisions of the Georgia Condominium Act of 1975, as amended (O.C.G.A. § 44-3-70 et seq.).

Corner lot means a lot abutting upon two or more streets at their intersection.

County road superintendent means the duly designated manager of roads and bridges in the county.

County specifications means all construction specifications which have been adopted by the commissioner or as required by the planning commission and all utility service companies.

Crosswalkway means a public right-of-way ten feet or more in width between property lines, which provides pedestrian access to adjacent properties.

Designated hazardous waste means any solid waste designated as being hazardous in regulations promulgated by the board of natural resources of the state. The board may identify as "designated hazardous waste" any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 CFR 261.11(a)(3), as amended, if such solid waste contains any substance which is listed on any one or more of the following lists:

(1) List of Hazardous Constituents, codified as 40 CFR 261, appendix VIII, as amended;

(2) Groundwater Monitoring List, codified as 40 CFR 264, appendix IX, as amended;

(3) List of Hazardous Substances and Reportable Quantities, codified as 40 CFR Table 302.4, and all appendices thereto, as amended;

(4) List of Regulated Pesticides, codified as 40 CFR 180, as amended;

(5) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 CFR 355, appendix A, as amended; or

(6) List of Chemicals and Chemical Categories, codified as 40 CFR 372.65, as amended.

Development means subdividing a tract of land into two or more lots, whether for sale or rental, whether by official erection of structures or improvements, or by recordation of a plat in the office of the clerk of superior court.

Diagonal tie means any tiedown designed to resist horizontal or shear forces and that deviates not less than 30 degrees from a vertical point.

Disposal means the final disposition in or at a landfill, incinerator, composting site or facility, surface impoundment site or facility, waste pile, injection well, land treatment site or facility, underground mine or cave, or other location or facility, including the operation, closure and post-closure of such location or facility, of any materials requiring a special use permit with the intent that said materials and constituents thereof shall or may thereby be permanently disposed of and with the intent that said materials and constituents thereof will thereafter, regardless of time, without vehicular or other such transportation from the site or facility where the disposal has occurred or has been completed, except for activities or occurrences normally associated with closure and post-closure, either be permanently embedded at such site or facility or enter the environment or be emitted into the air or discharged into any water, including groundwater.

Dispose means the discharging, depositing, injecting, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any water, including groundwater, and burning, incinerating or any other means of depositing hazardous or toxic waste onto or into the air, land or water, including groundwater.

Double front lot means a lot having frontage on two non-intersecting streets as distinguished from a corner lot.

Dwelling means a building designed, arranged or used for permanent living quarters for one or more persons.

Dwelling unit means a building, or portion thereof, providing complete living facilities for one family.

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

Elevated building means a non-basement 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), shear walls or breakaway walls.

Existing construction means any structure for which the start of construction commenced before the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which establishes the area of special flood hazard or date of adoption of the ordinance from which this article is derived, as amended.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community (before the effective date of the first floodplain management code, ordinance, or standard based upon specific technical base flood elevation data which is established in the area of special flood hazard) or date of adoption of the ordinance, as amended.

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

Family means an individual or two or more persons related by blood or marriage, including step-children or adopted children, living together in a dwelling unit, having no roomers or boarders, or having not more than four persons, who need not be related by blood or marriage, living together in a dwelling unit (regardless of whether such roomers or boarders are paying a remuneration for said boarding). For purposes of this article, a family may include five or fewer foster children placed in a family foster home licensed by the state, but shall not include fraternities, sororities, rooming houses or boardinghouses, rest homes or tourist homes.

Family care home means a dwelling home, with support and supervisory personnel, that provides room and board, personal care and rehabilitation services in a family environment for resident handicapped persons who, because of temporary or permanent physical, emotional or mental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, desire a substitute home, provided that persons with any of the following categories shall not be eligible for admission to a family care home:

(1) Mentally ill persons who are dangerous to others;

(2) Persons who are not handicapped persons, excluding supervisory personnel for the handicapped.

Final plat means a plat of a tract of land which meets the requirements of these regulations and is in a form for recording in the office of the clerk of the superior court of the county.

Flag lot means a lot or parcel that the county has approved with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. (A lot with access provided to the bulk of the lot by means of a narrow corridor.)

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

(1) The overflow of inland or tidal waters;

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

Flood hazard boundary map (FHBM) means 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 as zone A.

Flood insurance rate map (FIRM) means 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 (FIS) means 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.

Floodway means 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.

Floor means 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 frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include longterm storage, manufacture, sales or service facilities.

Governing body means the Walker County Commissioner.

Ground anchor means any device at a manufactured home or mobile home stand designed to secure a manufactured home or mobile home to the ground.

Group development means a development comprised of two or more structures, built on a single lot, tract or parcel of land and designed for occupancy by separate families, firms or other enterprises.

Half-street means a street which does not meet the minimum right-of-way widths set forth in these regulations.

Hardship means an unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property which is given to others within the county. A hardship exists only when it is not self-created or when it is not economic in nature.

Hazardous chemical substance or mixture means a chemical substance or mixture that does or will present an unreasonable risk of injury to health or the environment within the meaning of 15 USC 2605(a), as amended, pursuant thereto by the United States Environmental Protection Agency.

Hazardous constituent means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency.

Hazardous substance means any substance designated pursuant to section 311(b)(2)(A) of the Clean Water Act, 33 USC 1321(b)(2)(A), as amended; any element, compound, mixture, solution or substance pursuant to section 102 of 42 USC 9602, as amended; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act, 42 USC 6921, as amended, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by an act of Congress; any toxic pollutant listed under section 307(a) of the Clean Water Act, 33 USC 1317(a), as amended; any hazardous air pollutant listed under section 112 of the Clean Air Act, 42 USC 7412, as amended; or any imminently hazardous chemical substance or mixture with respect to which the administrator of the United States Environmental Protection Agency has taken action (15 USC 2606, as amended). The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this definition, and the term does not include natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel or mixtures of natural gas and such synthetic gas.

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency, pursuant to the federal act, which are codified as 40 CFR 261.3, as amended, and any designated hazardous waste.

Hazardous waste facility means any property or facility that is intended or used for storage, treatment or disposal of hazardous waste, with the exception of the following businesses (which shall not be defined as hazardous waste facilities because of their history in this county for safety, and because of the familiarity of emergency response entities to respond to incidences at the following facilities):

(1) Service stations where liquids are used as motor fuels and are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles;

(2) Oil change businesses which service the changing of oil on automobiles, motorcycles, and other motor vehicles;

(3) Automotive mechanic shops;

(4) Automotive body shops;

(5) Automotive garages;

provided that such excepted facilities use the tract of land upon which such businesses are located exclusively for the excepted uses or uses incidental thereto (such as convenience stores, food markets, facilities for the sale and service of tires, facilities for the sale and service of batteries and accessories, and the sale of gifts and other crafts).

Health department means the county health center and the state department of human resources.

Health officer means the legally designated health authority of the county or the state, or an authorized agent.

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

Historic structure means any structure that is:

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

(4) Individually listed on a local inventory of historic places in 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.

Home occupation means an occupation for gain or support, conducted in conjunction with a residence in any residential zone, provided that:

(1) No persons, other than those residing on the premises, shall be engaged in such occupation;

(2) The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes;

(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

(4) No advertisement of any type shall be permitted for the home occupation on the premises, except for a single identifying non-illuminated sign no more than two square feet in area. Signs prohibited include, but are not limited to, mailbox signs or nameplates, window signs, portable signs, awning signs, banners, and balloon signs;

(5) Any accessory building used for a home occupation must be a generally permittable, non-specialized structure which is usable for conventional residential or agricultural purposes;

(6) There shall be no sales of products or commodities on the premises (Note: This does not apply to agricultural products in A-1 zones);

(7) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

(8) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. If the occupation is conducted in other than a single-family residence, the home occupation shall not affect adjacent units. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television signal received off the premises, or causes fluctuations in the line voltage off the premises.

Impervious surface means a manmade structure or surface which prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools or patios.

Industrialized housing means as provided in O.C.G.A. § 8-2-110.

Junk means any old or scrap copper, brass, rope, rags, plastics, batteries, paper, refuse, trash, wood, brick, plaster and other scrap building materials, rubber, tires, debris, waste, abandoned appliances, iron, steel and other scrap ferrous or nonferrous material.

Junkyard means wrecked automobiles, trucks, or other wrecked vehicles. An outside automobile wrecking yard shall be considered a junkyard for purposes of this article. An outside property use that includes the presence of wrecked automobiles, wrecked trucks or other wrecked vehicles may constitute a junkyard depending upon the ability to view such from other property, street or road. A junkyard shall be presumed to exist if two or more inoperative motor vehicles are maintained for more than 45 days, except vehicles being held pursuant to a law enforcement agency impoundment; however, this presumption may be rebutted if no part of the motor vehicle is outside of a completely enclosed building and no part of the motor vehicle can be viewed from any portion of any adjoining property, road or street. Uses shall be considered junkyards if any part of the above-described activities are conducted outside of a completely enclosed building or in conjunction with, in addition to, or accessory to other outside uses of the property.

Land disturbing activity means any change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials or equipment.

Landfill means a disposal site employing an engineering method of disposing of solid waste in a manner that minimizes environmental hazards by spreading and compacting to the smallest volume and applying cover materials over all exposed waste at the end of each operating day.

Leachate collection system means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.

Location tax permit means a permit and decal obtained annually from the tax commissioner of the county by a manufactured home owner to evidence payment of ad valorem taxes.

Lot means a portion or tract of land devoted to a common use or occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. The term "lot" includes the term "plot" or "parcel."

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

Lot, width of, means the distance between side lot lines, measured at the nearest building line.

Manifest means a form or document used for identifying the quantity and composition, and the origin, routing, and destination of hazardous waste, special solid waste or other materials subject to a special use permit during transportation from the point of generation or any intermediate point to the point of disposal.

Manufactured home means a structure that is transportable in one or more sections which are built on a permanent chassis, and which has been designed to be used as a dwelling, with or without a permanent foundation. This structure, when connected to the required utilities, and which includes plumbing, heating and air conditioning and electrical systems contained therein, bears a label certifying that it is constructed in compliance with the National Manufactured Housing and Construction Safety Standards Act (42 USC 5401 et seq.), as amended, U.S. PL 93-383, as amended, per O.C.G.A. § 8-2-131. This definition is different than that of the term "mobile home."

Manufactured home, multiunit, means a detached single-family dwelling unit constructed in two or more units with similar marriage walls with wheels for movement (whether or not such wheels are later removed) and which has plumbing and electrical connections provided for attachment to outside systems, whether or not such unit is subsequently installed on a permanent foundation or other internal or external changes are made per O.C.G.A. § 8-2-131.

Manufactured home owner means the person who has legal title to a manufactured home.

Manufactured home park means a parcel of land which has been planned and improved for the placement of manufactured homes or mobile homes for non-transient use.

Manufactured home space means a plot of ground within a manufactured home park designated for the accommodation of not more than one manufactured home of single-family occupancy.

Manufactured home stand means that area of a manufactured home or mobile home lot which has been reserved for the placement of a manufactured home.

Mean sea level means the average height of the sea for all stages of the tide. Such term is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Minor subdivision means the division of land into lots which meet the requirements set forth in article VII of this chapter and which front on existing roads approved by the commissioner.

Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on the 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 manufactured prior to June 15, 1976.

Monument means any permanent object serving to indicate a limit to or mark a boundary.

Municipal solid waste means any solid waste resulting from the operation of residential, commercial, governmental or institutional establishments, except such solid waste disposed of in a private waste facility.

Municipal solid waste disposal facility means any facility or location where the final disposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities.

Municipal solid waste landfill means a disposal facility where any amount of municipal solid waste, whether or not mixed with or including other waste allowed under subtitle D of the Federal Resource and Recovery Act of 1976, as amended, is disposed of by means of placing an approved cover thereon.

National Geodetic Vertical Datum (NGVD), as corrected in 1929, means a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure for which the start of construction commenced on or after the effective date of the ordinance from which this article is derived.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations as adopted and included in article VI of this chapter.

Non-conforming use means a building, structure or use of land existing at the time of enactment of the ordinance from which this article is derived and which does not conform to the regulations of the district in which it is located.

Occupant means the person who legally occupies the dwelling under a right less than a freehold estate expressly granted by the owner of the dwelling and/or the land upon which the dwelling is located or is to be located.

Oil includes but is not limited to:

(1) Gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product, and

(2) Petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir.

Open space means any land, either publicly or privately owned, which is designated as being permanently undeveloped and used for recreation, conservation or preservation; an area that is not used for or occupied by a driveway, an off-street parking area, a loading space, a refuse storage space or building.

Out-of-county source means any generator, processor, storage site, transporter or other intermediate source of substances regulated by this article that is generating, processing, storing, transporting or otherwise dealing with such substances outside of the county.

Owner/occupant means the person who legally occupies a dwelling and who has legal title to said dwelling, as well as legal title to the real estate upon which said dwelling is located or is to be located.

Owner's engineer means the engineer or land surveyor registered and in good standing with the state board of registration, who is the agent in his professional capacity of the owner of land which is proposed to be subdivided or which is in the process of being subdivided.

Perennial stream means a stream which flows throughout the whole year as indicated on a United States Geological Survey Quad Map.

Person means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, county, municipality, commission, political subdivision, or any agency of any other state or of the federal government. The county shall not be included within this definition.

Placement permit means the permit and decal to be obtained by a manufactured home or mobile home owner from the office of planning and enforcement in order to locate or relocate a manufactured home.

Planning commission means the county planning commission.

Planning director, director of planning and zoning administrator mean the county official appointed by the county commissioner to enforce and administer the land development regulations and other necessary requirements in the office of planning and enforcement.

Planned unit development (PUD) means a planned development on a minimum of five acres, without regard to the customary lot size requirements or the segregation of housing types or uses, and which may include multiple zones within the same tract.

Plat means a map, plan or layout of a county, city, town, lot, section, subdivision or development, indicating the location and boundaries of properties.

Post-closure means a procedure approved by the commissioner for longterm financial assurance, monitoring and maintenance of a solid waste disposal site or other facility requiring a special use permit to protect human health and the environment.

Preliminary plat means a tentative plan of the complete proposed subdivision, submitted to the planning commission for its consideration.

Principal use means the primary purpose for which land or a building is used.

Private sanitary landfill means a disposal site not owned by a governmental entity, designed and employing engineering methods of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed material at the end of each operating day.

Property owner means the person who has legal title to real estate located in the county.

Recorded plat means a plat recorded in the office of the clerk of superior court of the county.

Recycling collection point means an incidental use that serves as a neighborhood dropoff point for temporary storage for recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in another public/quasi-public area, such as in churches and schools.

Reportable quantity means the amount of hazardous substance which, if released into the environment in such quantity within any 24-hour period, must be reported to the commissioner in the event of a spill or release. The reportable quantity for mixtures involving hazardous substances is the amount of the hazardous substance components of a mixture. Reportable quantities are those listed in 40 CFR 302, as amended, Designation, Reportable Quantities, and Notification.

Right-of-way means an area or strip of land, either public or private, on which a right of use has been recorded.

Right-of-way line means the dividing line between a lot, tract or parcel of land and a contiguous right-of-way.

Rooming house and boarding house mean a dwelling, other than a hotel or motel, where meals or housing accommodations are provided and where more than four non-family members reside, regardless of whether remuneration is paid.

Scrap processing facility means any establishment which is maintained or used for collecting, storing, buying, or selling junk.

Scrap processor means any person, firm or corporation engaged only in the business of buying scrap iron and metals, including, but not limited to, old automobiles, for the specific purpose of processing into raw materials for remelting purposes only, and whose principal product is ferrous and non-ferrous scrap for shipment to steel mills, foundries, smelters and refineries.

Screening means the use of any vegetative planting, fencing, ornamental wall of masonry or other architectural treatment or device, earthen embankment, or a combination of any of these which will effectively shield or buffer any activity or facility requiring a special use permit from adjoining tracts of land.

Sidewalk means a walkway constructed for use by pedestrians.

Sign, business, means an attached or freestanding structure which directs attention to a business or profession conducted on the premises.

Sign, outdoor advertising, means a structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject, whether related or unrelated to the premises upon which it is located.

Significant groundwater recharge area means those areas mapped as such by the department of natural resources in Hydrologic Atlas 18 (latest edition). Mapping of recharge areas is based upon outcrop area, lithology, soil type and thickness, slope, density of lithologic contacts, geologic structure, the presence of karst and potentiometric surfaces.

Single tier lot means a lot which backs upon an arterial street, a railroad, a physical barrier, or a residential or non-residential use, and to which access from the rear of the lot is usually prohibited.

Skirting/underpinning means installation of acceptable material from the exterior base of the manufactured house to the ground which may or may not provide support to the home. The skirting shall consist of one of the following: concrete, brick, block, masonry, vinyl or aluminum siding/panels designed for such purposes. The following types of materials are not permitted to be used, including, but not limited to, tin, wood (unless of natural decay-resistant type, such as cedar), plastic sheeting, gypsum board or insulation board (blackboard).

Solid waste means as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency, pursuant to the federal act, as amended, codified as 40 CFR 261.1, 261.2(a)-(d) and 261.4(a), as amended. The term "solid waste" also means discarded putrescible and nonputrescible waste, except water-carried body waste and recovered materials, and shall include garbage; rubbish, such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage; ashes; street refuse; dead animals; sewage sludges; animal manures; industrial wastes, such as waste materials generated in industrial operations; residue from solid waste thermal treatment technology; food processing wastes; demolition wastes; abandoned automobiles; dredging wastes; construction wastes; and other waste materials in a solid, semi-solid, or liquid state not otherwise defined herein. Such term shall not include any material which is regulated pursuant to O.C.G.A. title 12, ch. 5, art. 2 (O.C.G.A. § 12-5-1 et seq.), the Georgia Water Quality Control Act, as amended, or O.C.G.A. title 12, ch. 9 (O.C.G.A. § 12-9-1 et seq.), the Georgia Air Quality Act of 1978, as amended.

Special solid waste means any solid waste not otherwise regulated under O.C.G.A. title 12, ch. 8, art. 3, known as the Georgia Hazardous Waste Management Act, as amended, and regulations promulgated under such article originating or produced from or by a source or generator not subject to regulation under such statute, as amended.

Spill and release mean the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any substance requiring a special use permit by any person or from any property under the ownership or control of that person into the air or into or on any land or water of the county, except as specifically authorized in the special use permit pertaining to that person, regardless of the state of mind of such person with respect to such occurrence and regardless of ultimate liability for such occurrence. Accidental discharges of oil made by a person during maintenance of that person's personal vehicle or farm machinery shall be exempt, provided the activity engaged in by that person prior to the discharge is otherwise exempt.

Standard building code means the minimum standards as set by the Southern Building Code Congress International, Incorporated, as amended, and the most recent codes adopted by the county.

Start of construction means the erection of temporary forms, pouring of slabs or footings, installation of piers or columns, or the actual start of building or altering of a structure, either temporary or permanent.

Storage means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

Stream natural buffer means a natural or enhanced vegetated area of a specified required width adjacent to a perennial stream, which contains no or limited minor land disturbance, such as trails and picnic areas.

Street means a way for vehicular traffic, whether designated as an avenue, road, boulevard, highway, expressway, lane, alley or other way. For the purpose of these regulations, streets are divided into the following categories:

(1) Alley means a minor way, public or private, used for service access to the back or side of properties otherwise abutting on a street.

(2) Cul-de-sac means a minor street having one end open to traffic and the other end permanently terminated with a paved turnaround.

(3) Dead end means a stub street in a subdivision which will, at a later time, be continued into another portion of the subdivision.

(4) Major or arterial street means a street designed to serve moderately fast and voluminous traffic through and within the county with a minimum of traffic control devices.

(5) Minor or local street means a street used primarily for access to adjacent and abutting properties.

(6) Second or collector street means a street designed to collect traffic from minor or local streets and distribute such traffic to major or arterial streets.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, and also includes manufactured homes, gas or liquid storage tanks or other manmade facilities or infrastructures, but does not include fences.

Subdivider means the person(s), firm(s), or corporation(s) engaged in the process of creating a subdivision or having completed a subdivision of land.

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

(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the county;

(2) The division of land into parcels of five acres or more where no new street is involved and where said five-acre tracts front on existing roads approved by the county commissioner;

(3) The division of land among heirs by judicial decree;

(4) Any subdivision containing lots fronting an existing county road, not involving any new street or road or the extension of public utilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property.

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

Substantial improvement means any combination of repairs, reconstruction, alterations or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be the appraised value of the building prior to the start of the initial repair or improvement, or, in the case of damage, the value of the building prior to the damage occurring. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. For the purpose 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 buildings. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which have been identified by the county planning enforcement office and which are solely necessary to assure safe living conditions.

Substantially improved existing manufactured home park or subdivision means that the repair, reconstruction, rehabilitation or improvement of the streets and utilities equals or exceeds 50 percent of the value of the streets or utilities before the repair, reconstruction or improvement commenced.

Synthetic liner means a continuous layer of manmade materials, beneath or on the sides of a disposal site or disposal site cell, which restricts the downward or lateral escape of solid waste, solid waste constituents, or leachate, and which has been approved by the state department of natural resources for the site or facility for which it is intended.

Tax commissioner means the tax commissioner of the county.

Thoroughfare plan means the county thoroughfare plan, prepared as an element of the comprehensive plan.

Transport means the transportation or carrying of hazardous waste in a storage tank, drum, tanker, or other container on or in a motor vehicle (except within a tank being used to feed or supply the motor vehicle with a means of energy for locomotion at the time of transport) on the county system of roads.

Travel trailer and recreational vehicle mean a portable structure, whether self-propelled or pulled by a power unit, designed as temporary occupancy for travel, recreation and vacation uses, which is identified on the unit by the manufacturer as a "camper," "travel trailer," "recreational vehicle" or "bus."

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

Visible means capable of being seen without visual or optical aid by a person of normal visual acuity.

Water supply watershed means the area of land upstream of a governmentally-owned public drinking water intake or water supply reservoir.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do or would support, a prevalence of vegetative or aquatic life typically adapted for life, growth and reproduction in saturated or seasonally saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas, such as sloughs, potholes, wet meadows, river overflows, mud flats and natural ponds. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. The term shall be further defined by 33 CFR 32.93, as amended, the Federal Manual for Identifying and Delineating Wetlands, and Chapter 391-3-16.03 of the Criteria for Wetlands Protection, as amended, of the Rules of the Georgia Department of Natural Resources, Environmental Division.

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

Yard, front, means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the right-of-way line and the front line of the building project to the side lines of the lot.

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

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

(Ord. of 7-20-1994, § 2.00; Ord. of 5-1998(2))

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Definitions generally, § 1-2