§ 4.2. Definitions.

The following words, terms, and phrases are hereby defined as follows and shall be interpreted as such throughout this Ordinance. Terms not herein defined shall have the meaning customarily assigned to them:

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

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

Alterations. Any change in the supporting members of a building or structure such as bearing walls, columns, and girders, except such emergency change as may be required for safety purposes; any addition to a building; any change in use from that of one district classification to anther; or, any movement of a building from one location to another.

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

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

Area, Building. The total area taken on a horizontal plane at the average ground elevation of the principal building to exclude accessory buildings uncovered porches, terraces and steps.

Bed and Breakfast. A single-family dwelling occupied by the owner as his/her principal dwelling that offers transient lodging accommodations and breakfast for compensation provided that: the rental occupants shall not reside at the bed and breakfast for more than (7) consecutive days; breakfast is the only meal served and only to registered overnight guests; the exterior appearance of the dwelling is not altered from its residential character except for safety purposes; and, the identification sign shall be no larger than two (2) square feet and not internally lighted.

Boarding House. A dwelling in which lodging and meals are furnished for compensation. Lodging/and or meals are provided for not more than ten (10) persons. Such a dwelling shall contain no more than five (5) guest rooms. Also referred to as rooming house.

Buffer Strip. A buffer zone or strip is a strip of land, which separates two (2) or more zoning districts by the use of a berm, wall, fence, shrubs, trees and/or open space. The purpose of a buffer is to shield or block noise, light, glare or visual or other nuisances; to block physical passage to dangerous areas; or to reduce air pollution, dust, dirt and litter.

Building. Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or personal property of any kind.

Building Height. The vertical distance measured from the average ground elevation to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

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

Building Principal. A building which is the principal use of the lot on which the building is situated.

Building Setback Line. A line establishing the minimum allowable distance between the closet point of the building and the street right-of-way line when measured perpendicularly thereto.

Care Home. A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or nonprofit basis to provide lodging and or meals and domiciliary care for the aged, infirm, chronically ill or convalescent persons. The term "care home" shall include the term "extended care facility" as defined by Georgia Law. Such facility shall be licensed pursuant to O.C.G.A. § 31-7-12 where appropriate.

Child Care Facility. A building or portion of a building wherein is provided care and supervision of persons away from their place of residence for less than 24 hours per day on a regular basis for compensation; serves 19 or more persons and is licensed by the State of Georgia; for children, the outdoor play area shall be enclosed by fence of not less than four (4) feet in height in the rear yard only. For the purposes of this Ordinance, the term "Child Care: shall include, but not be limited to, the terms "Day Care", "Nursery School", "Early Learning Center", "Pre-Kindergarten", "Private Kindergarten", "Play School", and "Pre-School".

Church. A religious institution that has been granted a 501© tax exempt status by the Internal Revenue Service and whose property is deemed tax exempt by the Quitman County Tax Assessor.

Commercial Outdoor Recreation Development (CORD). A development of at least five acres or more that encompasses active and/or passive outdoor recreational activities.

Commission. The Georgetown-Quitman County Planning Commission.

Comprehensive Plan. The Joint Quitman County/City of Georgetown Comprehensive Plan, as adopted and as may be subsequently amended by Quitman County and the City of Georgetown.

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

Day Care Center. Any place operated by a person, society, agency, corporation or institution, or any other group wherein are received for pay seven (7) or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day.

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

Dwelling. A building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multifamily dwellings, but not including hotels and boarding and lodging houses.

Dwelling, Multifamily. A building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units.

Dwelling, Seasonal. A dwelling not used for permanent residence and not occupied for more than six months in each year.

Dwelling, Single-Family, Attached (group, row and townhouses). One of two or more residential buildings having a common or party wall separating dwelling units.

Dwelling, Single-Family, Detached. A residential building containing not more than one dwelling entirely surrounded by open space on the same lot.

Dwelling Unit. One or more rooms physically arranged to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.

Easement. A strip of land for road right-of-way or other specified purposes.

Family. One (1) or more persons related by blood, marriage, or adoption or a group of not to exceed five (5) persons not all related by blood or marriage, occupying the premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family.

Feedlot. Any parcel of land upon which the mechanical or hand feeding of five (5) or more livestock animals per acre is performed for a period exceeding thirty days.

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

Floodplain. Floodplains may be either river line or inland depression areas. River line floodplains are those areas contiguous with a lake, stream or streambed whose elevation is greater than the normal flowing water or waterpool elevation but equal to or lower than the projected 100-year (one (1) percent annual probability) flood elevation. Inland depression floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

Flood Area. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.

Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street is dead-ended, then along the property abutting on one side between an intersecting street and the dead-end of the street.

Ground Sign. An outdoor sign supported by one or more uprights, posts, poles or bases in or upon the ground and independent of support from any building. Sometimes called a "detached," "freestanding," or "pole design".

Group Residential Facility. A residence under the ownership and supervision of a public educational or governmental institution occupied or intended for occupancy by several unrelated persons or families with physical, mental, emotional, familial or social difficulties but in which separate cooking facilities are not provided for such resident persons or families.

Hazardous Waste. Any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency (US EPA) pursuant to the Federal Act, which are in force and effect on February 1, 1998, codified as 40 C.F.R. Section 261.3.

Home Occupation. An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use, which is clearly incidental to the dwelling unit for residential purposes, and is carried on wholly within the principal building accessory thereto, and does not change the basic character of the residence.

Hospital. A facility for the diagnosis, care and treatment of physical and mental illness, which has in-patient care, recuperative care and hospice services, shall be considered a part of normal hospital operations. A hospital shall have a staff of qualified doctors, registered nurses and other supporting staff.

Hotel. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than twelve (12) sleeping rooms and no provision made for cooking in any individual room or apartment.

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

Industrialized Building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation of assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof, and bearing the approved insignia of the Commissioner of Community Affairs, Georgia Department of Community Affairs.

Junk. The term "junk" is defined to mean and shall include all scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used bottles, used cotton or used machinery, automobile wrecking, used tools used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, discarded building materials, used automotive or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled. This definition includes all automobiles not in operating condition.

Junkyard. A lot, land or structure, or part thereof, used for the collecting, storage and sale of wastepaper, rags, scrap metal, discarded building materials or discarded machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennel, Commercial. Any place in or at which more than four adult dogs, cats, rabbits or other domesticated animals are kept for the purpose of sale, boarding, care, breeding or training and for which any fee is charged. This term does not include agrarian or agricultural uses.

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

Lot, Corner. A lot abutting upon two (2) or more streets at their intersection.

Lot, Depth. The average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.

Lot, Through. A lot other than a corner lot abutting two (2) streets.

Lot, Width. The width of a lot at the building setback line measured at right angles to its depth.

Lot Line. The lines bounding a lot as defined herein.

Lot Lines, Front. In the case of an interior lot, the lines separating said lot from the street. In the case of a corner or double-frontage lot, the line separating said lot from the street in the request for a building permit.

Lot Line, Rear. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten (10) feet long and wholly within the lot.

Lot Line, Side. A side lot line is any lot boundary line not a front lot line or rear lot line.

Lot of Record. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat, or in a legally recorded deed in the official records of the county clerk.

Manufactured Home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 U.S.C. 5401, et seq. The definition at the date of this part is as follows:

"Manufactured Home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on-site, is three hundred twenty 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; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under this title.

A manufactured home is a single-family, detached dwelling and its placement in a residential district must meet or exceed the Appearance Standards as provided in Section 8.2 and Section 32-6 of the Unified Government of Georgetown-Quitman County Code of Ordinances.

Manufactured Home/Mobile Home Park. Premises where two (2) or more manufactured or mobile home dwelling units are parked for living or sleeping purposes, regardless of whether or not a charge is made for such accommodation, or where spaces or lots are set aside and offered for rent for use by mobile/manufactured homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile/manufactured homes on such premises. This definition shall not include mobile/manufactured homes sales lots.

Mobile Homes. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is 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.

Modular Home or Building. A factory fabricated transportable building consisting of units designated to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and is manufactured in accordance with the Georgia Industrialized Building Act and Rules of the Commissioner of the Georgia Department of Community Affairs which bears a seal of compliance as issued by the Commissioner of the Georgia Department of Community Affairs with regulations of the Georgia Industrial Building Act.

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

Nonconforming Building. Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being put.

Nonconforming Use. A use or activity which is lawfully existing prior to the adoption, revision, or amendment of this Ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the use in which it is located.

Nonconforming Lot. A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

Nursing, Convalescent and Rest Home. A facility for the care of the aged physically and mentally infirm and recuperative patients, but not primarily designed or used for the treatment of contagious disease, alcoholics, drug addicts or psychotics, and which has qualified staff as required by the laws of the State of Georgia.

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

Parking Space. An off-street space available for the parking of one motor vehicle and having an area of not less than two hundred (200) square feet exclusive of passageways and driveways.

Permit. Any written authorization for building, construction, alteration, development, occupancy, or other matter required by this Ordinance to be approved by a designated commission, board, official, or employee. The person to whom such permit is issued shall be known as the "permittee".

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

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

Plat, Final. A finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary and the streets shown on the plat shall be reviewed and approved by the Planning Commission and the County Commission Council.

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

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

Public Uses. Public parks, schools, and administrative, cultural, and service buildings not including public land or buildings devoted solely to storage and maintenance of equipment and material.

Recreational Vehicle. A vehicular or portable structure transportable on a mobile chassis, designed to be used as a temporary dwelling. The term "recreational vehicle" includes travel trailers, motorized dwellings, pop-up campers, pickup campers, coaches, and other similar recreational equipment.

Recreational Use of a Commercial Nature. A building or use which provides entertainment, education, recreation or amusement for profit such as, but not limited to, a health spa, dance hall, bowling alley, skating rink, shooting range, amusement park, art gallery or swimming pool.

Restaurant. A public eating place where meals are provided for compensation, including, but not limited to, cafeteria, dining room, coffee shop, lunchroom and tearoom.

Right-of-Way. An area or strip of land, either, public or private, on which a right of use has been recorded. A right-of-way, as distinguished from an easement, is owned in fee simple title by the Unified Government of Georgetown-Quitman County or their government, a duly organized homeowner's or property owner's association, or other person.

Right-of-Way Line. The outside boundary of a right-of-way, whether such right-of-way be established by usage, recorded easement, deed, dedication or by the official right-of-way map of the Unified Government of Georgetown-Quitman County.

Road. See definition of "Street-Highway-Road".

Rooming House. See definition of "Boarding House".

Setback. The mean horizontal distance between the front street right-of-way line and the front line of the building or the allowable building lines as defined by the front yard regulations in this Ordinance.

Sign (See also "billboard" Article 10). A structure or device designed or intended to convey information to the public in written or pictorial form.

Pole Signs. Pole signs shall not extend over a public right-of-way. All signs abutting the right-of-way line shall have the display area ten feet or more above ground level measured from the grade at the right-of-way line. Any signs with any portion of the display area less than ten feet above ground level must be erected 15 feet from the right-of-way line. If the location of the sign structure is below the grade of the road, the height of the sign shall be measured from the nearest adjacent roadway. The maximum area of a pole sign shall be 200 square feet. The maximum height of a pole sign shall be 35 feet.

Ground Signs. Ground signs less than three feet high shall be set back at least three feet from the right-of-way line. Otherwise, such signs shall be set back 15 feet from the right-of-way line. The maximum total area of a ground sign shall be 40 square feet.

Wall Signs and Flush-Mounted Canopy Signs. Wall signs and flush-mounted canopy signs (including signs attached flat against the wall or canopy and painted signs) shall be securely fastened by metal supports to the building surface along the sign's greatest dimension. They may project from the building up to 12 inches; however, if they project more than four inches from the building surface, they shall maintain a clear height of eight feet above ground level. Wall signs may not extend more than four feet above the parapet roof wall.

a.

Individual Business. A total number of wall signs or canopy signs on all facades of a building is counted as one sign, and the total sign display area of each wall shall not exceed ten percent of the wall area up to a maximum of 200 square feet.

b.

Multi-Business/Shopping Center. The maximum display area of wall signs or canopy signs for each business shall not exceed ten percent of the front facade of each individual business.

Hanging Canopy Signs. All hanging canopy signs shall not exceed six square feet in size and the closest extremity of the sign shall not be less than eight feet above the ground.

Roof Signs.

a.

Roof signs shall not project beyond the face of the exterior wall of the building on which they are located.

b.

The highest point of a roof sign shall not exceed the ridgeline of the roof.

c.

Roof signs shall not be erected on building or structures with a flat roof.

d.

The maximum size of a roof sign shall not exceed 64 square feet.

Window Signs. Each business having glass directly orientated to a street may use all of that glass area as one allowable sign.

Non-Animated Portable Signs. Non-animated portable signs less than three feet high shall be set back at least three feet from the right-of-way line. Otherwise, such signs shall be set back 15 feet from the right-of-way line. The maximum total area of a non-animated portable sign shall be 40 square feet.

Street. Shall mean a way for vehicular traffic whether designated as a street, highway, thoroughfare, road, avenue, boulevard, lane, place, or however otherwise designated. Streets are classified as follows:

Street, Arterial. Shall mean a road or street that accommodates a high volume of traffic. Access may be limited and used to maximize traffic flow. Highest order of street classification. Receives collector streets.

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

Street, Cul-De-Sac. A short street designed to have one end permanently closed. The closed end terminated by a vehicular turnaround.

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

Street, Highway, Road. Shall mean a road or street that forms a part of the existing or projected Federal Aid Highway System of the State or County Highway System.

Street, Local. A street, the principal purpose of which is to provide vehicular access from properties abutting it to a collector street.

Street, Major Collector. A highway or street of considerable continuity which is primarily a traffic artery for interconnection among large areas designed to carry heavy volumes of traffic.

Street, Minor Collector. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting streets.

Street, Parallel Access. A (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting property and control of access to the major street.

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

Structure. Anything constructed or erected, the use of which required that it have a more or less permanent location on the ground or be attached to something having a permanent location on the ground.

Subdivision. Any division or redivision of land into two (2) or more parts by means of mapping, platting, conveyances, change or rearrangement of boundaries. All subdivisions are also developments.

Substandard Lot. Any lot in a zoning district permitting construction of single-family dwellings which was on record in the Office of the Clerk of the Superior Court of Quitman County at the time of the adoption of this Ordinance, and which does not meet the minimum requirements of this Ordinance for lot.

Travel trailer. A vehicular portable structure not exceeding thirty-two (32) feet in length, designed for travel, recreational and vacation uses, and capable of on-road use.

Use or Occupied. As applied to any land or building, shall include the words "intended, arranged or designed to be used or occupied".

Use, Conditional. A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to approval by both the Planning Commission and County Commission. There may also be special requirements, different from those usual requirements for the district in which it may be located.

Use, Permitted. Those uses specifically listed in this resolution as "uses permitted inherently" and conditional uses subject to approval by the Planning Commission and the county Commission.

Use, Principal. The specific primary use for which land or any building thereon is used.

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

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

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

Yard. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by a portion of a structure from the ground upward except where encroachments and accessory buildings are expressly permitted. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard, or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

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

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

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

Zoning. The power of the Unified Government of Georgetown-Quitman County to provide within its territorial boundaries for the zoning of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and improvement of real estate within such zones or districts in accordance with the uses of property for which said zones or districts were established.

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

Zoning Decision. Final action by the County Commission which results in:

a.

The adoption of a zoning ordinance;

b.

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

c.

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

d.

The approval of special uses a conditional uses.