Article 14 — Interpretation and Definitions

Figures or examples associated with defined terms or regulatory paragraphs in this Development Code are provided only for illustration and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

Except as specifically defined herein, all words used in this Development Code have their customary dictionary definitions.

For the purposes of this Development Code, certain words or terms used herein shall be defined as follows:

A Accessory Structures and Uses. A detached structure and/or use on the same lot with, and of a size and nature customarily incidental and subordinate to the principal structure and/or use of land.

Accidental Discharge. An illicit discharge that occurs by chance and without planning or thought prior to occurrence.

Active Use. Any principal, conditional, or accessory use that by its nature does not require non-transparent walls facing a public street or involves the storage of goods or vehicles.

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

Administrator. The person appointed to administer and implement this Article on Post-Construction Stormwater Management for New Development and Redevelopment in accordance with Section 1020.

Adult Entertainment. Adult entertainment, as defined in the City's Adult Entertainment Ordinance, as amended, by an employee(s) at a properly licensed adult entertainment facility.

Adult Entertainment Establishment. A commercial establishment licensed in accordance with the City's Adult Entertainment Ordinance, as amended, where adult entertainment, as defined in said Ordinance, is sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public.

Alteration of a Building. Any change, addition, or modification in construction of the structural members of a building, such as walls, partitions, columns, beams, or girders, and/or any change that results in an addition to enclosed floor area of a building or the movement of the building from one location to another.

Antenna. (i) Communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or (ii)

Communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such terms shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

Apartment. See “Multi-Family Dwelling.”

Appeal. A request for a review of the Director of the Planning and Development Department’s interpretation of any provision of this Code Division.

Applicable Codes. Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the State of Georgia, or the City, or are otherwise applicable in the City.

Applicant. Any person that submits an application.

Applicant (Stormwater). A person submitting a post-development stormwater management application and plan for approval.

Application (Small Cell Wireless Facility). A written request submitted by an applicant to the City for a permit to: (i) collocate a small wireless facility in a right of way; or (ii) install, modify, or replace a pole or decorative pole in a right of way on which a small wireless facility is or will be located.

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

Arborist. A professional certified by the International Society of Arboriculture who possesses the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants in the residential, commercial, and public landscape.

Architecturally Treated. A structure that is constructed of or covered with such materials as brick, stone, painted or treated wood, or stucco, or covered with artificial representations of such materials that are visually undistinguishable from the natural materials and have a life expectancy of at least 20 years as evidenced by a manufacturer’s warranty.

Area of Future-Conditions Flood Hazard. The land area that would be inundated by the 1%-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

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

Area of Special Flood Hazard. The land subject to a 1% or greater chance of flooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation (including A, A1-30, A-99, AE, AO, AH, and AR on the FHBM or the FIRM), all floodplain and flood prone areas at or below the future-conditions flood elevation, and all other flood prone areas as referenced in Section 833. All streams with a drainage area of 100 acres or greater shall have the area of special flood hazard delineated.

Authority Pole. A pole owned, managed, or operated by or on behalf of the City. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.

B Banner. See “Sign, Banner.”

Basal Area. The cross-sectional area expressed in square inches, of a tree trunk at diameter breast-height (DBH) expressed herein in terms of “units” per acre.

Base Flood. The flood having a 1% chance of being equaled or exceeded in any given year, also known as the one hundred-year flood.

Base Flood Elevation or BFE. The highest water surface elevation anticipated at any given point during the base flood.

Basement. The lower level of a building having a floor-to-ceiling height of at least 6½ feet and a portion of its floor subgrade (below ground level) on at least one side.

Beacon. A stationary or revolving light that flashes or projects illumination, single or multi-colored, in any manner that is intended to attract or divert attention however, this term is not intended to include any kind of lighting device that is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

Best Management Practices (BMPs). Sound conservation and engineering practices that prevent and minimize erosion and resultant sedimentation, consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Block. A piece or parcel of land entirely surrounded by public streets (other than alleys), railroads, or other rights-of-way, or boundaries of the development within which the block is located.

Board (DNR). The Board of Natural Resources.

Branch. A secondary shoot or stem arising from one of the main axes (i.e. trunk or leader) of a tree or woody plant.

Branch Collar. A swollen, specialized area of tissue where a branch joins a trunk or another branch.

Buildable Area of Lot. The area of lot within the setback lines as defined by this Development Code.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or material of any kind.

Building Canopy. See under “Canopy”.

Building Height. The height of a building is the vertical distance measured from the mean elevation of the finished lot grade at the front of the building to the highest point on the deck line of a mansard roof, the highest edge on a shed roof, or the ridge of a hip, gambrel or gable roof. For flat roofs, the height shall be measured to the top of the roof or parapet along the exterior building wall, whichever is higher.

Building Line. A line formed by the outer face of the exterior wall of a building, or portion thereof, and the surface of the ground.

Building, Main. A building in which is conducted the principal use of the lot on which it is situated. Also referred to as a “Principal Building.”

Building Sign. A sign that is fastened to, (in any manner), projects from, or is placed upon the exterior wall, or a window, door, or roof of a building. The term “building sign” includes, but is not limited, to the following:

Building Story. See “Story, Building.”

Business Park. One or more buildings located on a property in common ownership, management, or operation, of units that are owned, leased, or rented primarily for office, institutional, or light industrial purposes.

C Caliper. A standard of trunk measurement for nursery stock and newly planted trees, and not for established trees. Caliper inches are measured at the height of 6 inches above the ground for trees up to and including 4-inch caliper and 12 inches above the ground for trees larger than 4-inch caliper.

Canopy tree. A large or medium tree with a crown size and shape that will typically provide significant shade and beneficial effects on temperature, air quality, water quality, and other environmental conditions, at maturity. Also see Overstory Tree.

Certified Personnel. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Champion tree. A tree of sufficient points – given for the total of the circumference of the trunk in inches at 4.5 feet above the ground plus the total vertical height in feet plus the average crown spread in feet – to qualify as the largest tree of its species within the City of Duluth, Gwinnett County, the state of Georgia or the United States.

Channel. A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Character Area. A portion of the city designated as any one of the various “character areas” created within the City’s Comprehensive Plan and shown as to its boundaries and extent on the Future Development Map subtitled “Character Areas” included as a part of said Plan, and as may be amended from time-to-time by the City Council.

Chattahoochee Corridor. All land within 2,000 feet of the banks of the Chattahoochee River, including any impoundments thereon, or within the floodplain, whichever is greater, from directly below Buford Dam downstream to the downstream limits of Fulton and Douglas counties, including the entire bed of the river and any improvements and all islands therein.

City Separate Storm Sewer System. Any conveyance or system of conveyances which is:

Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Clearing. The removal of vegetation from a property, whether by cutting or other means.

Clear Cutting. The broad removal of all trees and/or vegetation from a particular area.

Clearing. The removal of vegetation from a property, whether by cutting or other means.

Collocate or Collocation. To install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

Column Sign. See under “Freestanding Sign”.

Commercial Vehicle. Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:

Commission (GSWCC). The Georgia Soil and Water Conservation Commission.

Communications Facility. The set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.

Communication Services. Cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or wireless services.

Communication Services Provider. A provider of communications services.

Community Forest. The collection of individual trees and forest stands (consisting of 100 trees on a single acre) within the City of Duluth, including trees on both public and private property.

Community tree. Any tree growing within the City of Duluth, whether on public or private property.

Concealment Element. Any design feature, including but not limited to painting, landscaping, shielding requirements, and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or the structure which supports a Wireless Facility, that are intended to make a Wireless Facility or any supporting structure less visible to the casual observer.

Condominium. A multiple unit dwelling in which each dwelling unit is owned or financed by the occupant, but in which halls, entrance ways, common areas, and underlying lands are owned jointly.

Conifer Tree. Any tree with needle leaves and a woody cone fruit including, but not limited to, pine, juniper, and cedar species.

Conservable tree. A healthy tree at least two inches DBH that can and will be protected in accordance with the technical standards set forth in this chapter.

Conserved tree canopy cover. That portion of the tree canopy cover represented by natural cover of individual conservable trees, forested areas and/or forest regeneration areas.

Conservation Easement. An agreement between a land owner and the (local jurisdiction) or other government agency or land trust that permanently protects open space or greenspace on the owner’s land by limiting the amount and type of development that can take place but continues to leave the remainder of the fee interest in private ownership.

Consolidated Application (Small Cell Wireless Facility). An application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

Construction Activity. Activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES general construction permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Construction Buffer. See under “Buffer”.

Conveyance. An aboveground or underground natural or manmade drainage feature, that provides for the collection and movement of stormwater, and shall include but not be limited to concrete or metal pipes, ditches, depressions, swales, roads with drainage systems, highways, city streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, drainage channels, reservoirs, rights-of-way, storm drains, culverts, street gutters, oil/water separators, modular pavements and other similar drainage structures.

Conveyor Car Wash. A commercial car wash where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle.

Corridor, Watershed. All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed and within other setback areas specified in this Code Division.

CPESC. Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control Inc., a corporation registered in Georgia, that is also referred to as CPESC or CPESC, Inc.

Critical Root Zone. The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient Critical Root Zone (CRZ) will typically be represented by a concentric circle centering on the tree’s trunk with a radius equivalent to the distance to the dripline, or 1.25 feet for every one inch in DBH, whichever is greater. The critical root zone increases in size as a tree grows larger. Example: the CRZ radius of a 20 inch diameter tree is 25 feet.

Crown. The leaves and branches of a tree or shrub; the upper portion of a tree from the lowest branch on the trunk to the top.

Customary Home Occupation. An occupation, service, profession or enterprise conducted entirely within a dwelling and which is carried on by a resident thereof and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation;

the depth below original ground surface to the excavated surface. Also known as excavation.

D Daycare Facility. The use of a building or premises for the care and supervision of children (who do not reside on the property), for periods of less than 24 hours. Establishments are licensed or commissioned by the Georgia Department of Human Resources to care for infants and preschool children. Some offer pre-kindergarten education programs or provide care services for older children. Child day care facilities are classified as follows:

Days. The term “days” shall mean working days exclusive of holidays authorized by the Mayor and Council and weekends, unless the term is stated as “calendar days” or the context implies otherwise.

Decay. Degradation of woody tissue caused by biological organisms.

Decorative Pole (Small Cell Wireless Facility). An authority pole that is specially designed and placed for aesthetic purposes.

Density. The number of dwelling units per gross acre.

Department. The Planning and Development Department.

Department (DNR). The Georgia Department of Natural Resources (DNR).

Design Professional. A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control Inc.

Detention, Stormwater. The temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention Facility. A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer. A person who undertakes land development activities.

Development Activity. Any alteration of the natural environment that requires the approval of a development or site plan and issuance of a development permit. Development Activity shall also include the “thinning” or removal of trees from undeveloped land in conjunction with a forest management program, and the removal of trees incidental to the development of land or to the marketing of land for development.

Development of Regional Impact (DRI). Large-scale development project that, due to its size, character, or location, is likely to have a significant impact on the health, safety, or welfare of citizens beyond the boundaries of the local jurisdiction where it’s located. These developments often involve more than one governmental entity.

Development Permit. A permit issued by the City that authorizes Development Activity, and includes, but is not limited to, a soil erosion permit, clearing and grubbing permit, land disturbance permit or building permit.

Development Plans. The detailed and professional plans showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the Preliminary Plat or Site Plan (as applicable), Grading Plan, Tree Preservation/Replacement Plan, Erosion and Sediment Control Plan, Buffer and Landscape Plan, and construction drawings for streets, storm water drainage facilities, sanitary sewers, water supply facilities, and other site improvements.

Diameter Breast Height (DBH). The standard measure of overstory tree size (for trees existing on a site). The tree trunk is measured at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, measure the trunk at its most narrow point beneath the split.

Director. The Director of the Planning and Development Department or the director’s designee.

Director (DNR). The Director of the Environmental Protection Division or an authorized representative.

Discharge. The direct or indirect release of water, fluid, materials or other matter to a conveyance or surface that drains to a conveyance.

District. The 15th Soil and Water Conservation District.

Division (EPD). The Environmental Protection Division (EPD) of the Department of Natural Resources.

Drainage Easement. An easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

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

DRASTIC. The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600-2-87-035. (Note: the DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility).

Drip Line. A line on the ground established by a vertical plane extending from a tree’s outermost branch tips down to the ground; i.e. the line enclosing the area directly beneath the tree’s crown from which rainfall would drip.

Duplex. See “Two-Family Dwelling (Duplex).”

Dwelling. Any building, or portion thereof, that is designed for or used for residential purposes.

Dwelling, Multi-Family. See “Multi-Family Dwelling.”

Dwelling, Single-Family Detached. See “Single-Family Detached Dwelling.”

Dwelling, Two-Family (Duplex). See “Two-Family Dwelling (Duplex).”

Dwelling Unit. A room or suite of two or more rooms that is designed for the occupancy, cooking, and sleeping of one person or more than one person living as a single household.

E Electric Supplier. (Small Cell Wireless Facility). Any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.

Electric Vehicle Charging Station. A public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.

Elevated Building. A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Eligible Facilities Request (Small Cell Wireless Facility). An eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.

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

Establishment period. The length of time it takes to successfully establish a tree in the landscape, generally considered to be three years from time of planting.

Exemption Plat. Also known as an exempt plat, is a legal document used in land development to address minor land divisions or boundary adjustments that are exempt from the extensive regulations and review processes typically associated with a full subdivision.

Existing Construction. Any structure for which the "start of construction" commenced before December 17, 1975.

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before December 17, 1975.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Extended Detention. The detention of stormwater runoff for an extended period, typically 24 hours or greater.

Extreme Flood Protection. Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

F Façade. The exterior vertical surfaces of a building that comprise the front, side, or rear wall.

Family. One or more persons occupying a dwelling unit and living as a single household, as distinguished from persons occupying a boarding house or motel, as herein defined.

FCC. The Federal Communications Commissions of the United States.

Feather Banner. A banner mounted on a pole. Such signs may be wind-activated (see “sign, animated”) or rigidly mounted in a stationary position Fee (Small Cell Wireless Facility). A one-time, nonrecurring charge based on time and expense.

FEMA. The Federal Emergency Management Agency.

Festoons. Strings of light bulbs or other lighted devices, and strings of ribbons, tinsel, pennants, streamers, pinwheels, or other similar devices designed to move in the wind.

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

Final Stabilization. All soil-disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches, or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

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

Flag. A sign made of paper, woven natural, or synthetic fabric, thin plastic or similar lightweight pliable material that is normally displayed by flying from a pole as a wind-activated device, but is not otherwise defined herein as a banner, pennant, or feather banner.

the overflow of inland or tidal waters; or, b. the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Hazard Boundary Map or FHBM. An official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A.

Flood Insurance Rate Map or FIRM. An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood Insurance Study or FIS. The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

Floodplain. Any land area susceptible to flooding.

Floodplain, 100 year. Those lands subject to flooding that have at least a 1% probability of flooding occurrence in any calendar year, and specifically, the floodplain as shown on the Federal Emergency Management Agency Map (FEMA).

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway or Regulatory Floodway. The channel of a stream or other watercourse and the adjacent areas of the floodplain which is necessary to contain and discharge the base flood flow without cumulatively increasing the base flood elevation more than 1 foot.

Floor Area, Gross. The sum of all floors of a structure as measured to the outside surfaces of exterior walls or the center of connected or common walls, including; common public areas (such as lobbies), restrooms and hallways, spaces devoted exclusively to elevator shafts but, excluding; internal parking and loading areas, attics, porches, balconies and other areas outside of the exterior walls of the building. Gross floor area is used to determine the building sizes for all but single-family dwellings and to determine required parking when floor area is the designated measure for a use.

Floor Area, Heated. The gross floor area of all spaces within a dwelling or dwelling unit that are heated by mechanical means, measured to the inside surfaces of exterior walls, excluding: porches, balconies, attics, unfinished basements, garages, patios, and decks.

Floor Area, Single-Family Dwelling. The floor area of a single-family dwelling is the gross horizontal area of several floors of the one-family residential structure, excluding carports, unfinished basements, attics, and open porches.

Floor, Ground. The floor of a building that is nearest the surrounding surface of the ground.

Flowing Stream. Any stream that is portrayed on the most current United States Geologic Survey 7.5 minute quadrangle for the affected area.

Fluorescent Color. A color that is intense, brilliantly colored, and seemingly emitting light, such as day glow (day-glow) colors.

Flush cut. An improper cut made into the stem or parent branch of a limb or a branch being removed during pruning, instead of outside the branch collar.

Forest management. A class of agriculture that includes management of land, forested areas, and trees for timber production, wildlife, recreation, or other purposes.

Forest regeneration area. A specified area where native seedlings, saplings, or larger trees are replanted to recreate natural forest conditions and functions to the greatest extent possible.

Forested area. An area which contains more than 100 trees of greater than six inches DBH per acre, and which is more than 70 percent covered in tree canopy at full leaf-out.

Freestanding Canopy. See under “canopy.”

Freestanding Sign. A permanent sign that is attached to or part of a completely self-supporting structure, other than a building. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure, whether portable or stationary. The term “freestanding sign”

Frontage, Lot. The distance over which the boundary line of the lot and the street line are coincident.

Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

Future Conditions Flood. The flood having a 1% chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

Future-Conditions Flood Elevation. The flood standard equal to or higher than the base flood elevation. The future-conditions flood elevation is defined as the highest water surface anticipated at any given point during the future-conditions flood.

Future-Conditions Floodplain. Any land area susceptible to flooding by the future-conditions flood.

Future-Conditions Hydrology. The flood discharges associated with projected land-use conditions based on a community's zoning map, comprehensive land-use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Future tree canopy cover. A standardized amount of future mature tree canopy cover credited to a particular species based upon its mature size category – large, medium, small or very small – and the typical shape of its crown. The amount credited to each species is found in the City of Duluth Tree Species List.

G Generalized Wetlands Map. The current U.S. Fish and Wildlife Service National Wetlands Inventory maps for the City of Duluth, Georgia.

Green Infrastructure. Stormwater management systems that mimic nature by soaking up and storing water.

Greenspace or Open Space. Permanently protected areas of the site that are preserved in a natural state.

Ground Cover. Low growing, spreading plants, other than turf grass, such as, but not limited to, ivy, liriope, juniper, mondo grass, or sedge.

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

Grubbing. The removal of stumps or roots from a site.

Guy or Guy Wire. A cable used to support or stabilize a freestanding pole or structure, such as a lattice telecommunications or citizen’s band antenna, utility pole, or traffic signal stanchion.

H Hardwood Tree. Any tree that is not coniferous (cone-bearing). This definition is based on the colloquialism and does not necessarily reflect any true qualities of the tree.

Hazard tree. A tree or any part thereof, that is at risk for failure and threatens the health, safety, or general welfare of a person(s) or property.

Healthy tree. As determined by the City of Duluth Arborist, or other certified Arborist, a tree that is vigorous as indicated by leaf color and annual shoot extension, with a relatively symmetrical form typical of the species, with 1/3 or more of its height in live crown (live crown ratio of 33 percent or more), with roots, trunk, and crown absent of extensive and significant signs of insect or disease infection, wounds, or other mechanical damage, decay and structural defects. For pine trees the live crown ratio may be less than 30 percent and the tree is still otherwise considered healthy.

Heated Floor Area. See “Floor Area, Heated.”

Heavy Truck. Any vehicle, (except recreational vehicles, vehicles displaying restricted plates, buses used in transportation of chartered parties, and government owned vehicles), used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and that is:

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Historic District (Small Cell Wireless Facility). (i) Any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of the United States in accordance with Section VI.D.1.a.i- v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act'; or (iii) any area designated as a historic district or property by law prior to April 26, 2019.

Holiday or Seasonal Event. A day established as a legal holiday by federal, state or local law; a nationally recognized holiday such as Halloween or Mother’s Day; a nationally recognized calendar season such as Fall or Spring; a religious day or term of days such as Easter, Yom Kippur or Christmas, or Lent, Ramadan or Hanukah.

Home Occupation, Small Scale Manufacturing. The making of products on residentially scaled machinery (i.e 3-D printer, household power and hand tools, oven, range, sewing machine, etc.).

Hotspot. An area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

Household. An individual living alone or a group of individuals living together in a single dwelling unit, sharing common use of and access to all living and eating areas, bathrooms, and food preparation areas, who mutually combine their efforts and share responsibilities for domestic chores such as child rearing, cleaning and cooking in a permanent and long-term relationship.

Hybrid Monument Sign. See under “Freestanding Sign.”

Hydrologic Soil Group (HSG). A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

I Illicit Discharge. Any direct or indirect non-stormwater discharge to the city separate storm sewer system.

Illuminated Sign. See “Sign, Illuminated.”

Impervious Cover. A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

Impervious Surface. A man-made structure or surface that prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Incidental Sign. See “Sign, Incidental.”

Included bark. Bark that is caught between codominant stems, or a stem and a branch, and/or within narrow branch angles, creating a structural weakness.

Industrial Activity, Regulated. Activities subject to NPDES industrial permits as defined in 40 CFR, section 122.26(b)(14).

Industrial Stormwater Permit. A National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

International Society of Arboriculture, ISA. A worldwide professional organization dedicated to fostering a greater appreciation for trees and to promoting research, technology, and the professional practice of arboriculture. ISA administers certification programs for arborists, tree workers, utility arborists, and municipal arborists.

Infiltration. The process of percolating stormwater runoff into the subsoil.

Iridescent Color. A color that when seen at different angles has a play of lustrous rainbow-like colors; pearlescent.

Inspection and Maintenance Agreement. A written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

J Jurisdictional Wetland.

Jurisdictional Wetland Determination. A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C. § 1344, as amended.

K Kiosk. A freestanding sign structure, often cylindrical in shape, intended to be viewed from all sides and erected for the purpose of posting signs, notices, or other public announcements. Kiosks that are composed of flat faces are treated as multi-faced signs.

L Land Development:

Land Development Activity. Those actions or activities that comprise, facilitate, or result in land development.

Land Development Project. A discrete land development undertaking.

Land Disturbance. Any activity that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, clearing and grubbing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices. Includes the term “Land-Disturbing Activity.”

Land Disturbance Activity. Those actions or activities that comprise, facilitate or result in land disturbance.

Land Disturbance Permit. Any permit (other than a Building Permit) issued by the City of Duluth that authorizes clearing or grading activities on a site or portion of a site. Said permit may be Clearing, Clearing and Grubbing, Grading, or a Development Permit as defined and authorized under this Development Code.

Landscape Materials. Any combination of living plant materials, nonliving materials (such as rocks, pebbles, wood chips, mulch and pavers) and decorative features such as sculpture, patterned walks, fountains, and pools. This definition includes synthetic landscaping materials that are visually indistinguishable from natural materials.

Landscape Strip. Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

Large canopy tree. A tree with a canopy that covers at least 1,600 square feet at maturity under urban conditions, with crown diameter of at least 45 feet.

Large Water Supply Watershed. A watershed containing 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Larger Common Plan of Development or Sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Lateral. A branch or twig growing from a parent branch or stem.

Law. Includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.

Leader. A dominant upright stem, usually the main trunk. There can be several leaders in one tree.

Leased Sign. An agreement by which a property owner conveys (usually for a specified rent), to other persons, permission to erect and maintain a sign upon their property.

LED Sign. Any sign or portion thereof that uses light-emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind, whether conventional (using discrete LEDs), surface-mounted (otherwise known as individually mounted LEDs), transmissive, organic light-emitting diodes (OLED), light-emitting polymer (LEP), organic electro polymer (OEL), or any other similar technology. An LED sign is considered to be a form of electronic changeable copy sign (see under “Sign, Changeable Copy”).

Limb. Same as “branch” but larger and more prominent.

Live crown ratio. The vertical extent of a tree’s live crown as compared to its total height and expressed as a fraction or percent.

Local Issuing Authority (LIA). The Duluth City Council or its assigned or designated representative, which shall be responsible for administering this Development Code and has been certified pursuant to subsection (a) O.C.G.A.

12-7-8.

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Lot Area. The computed ground area bounded by the front, side, and rear lot lines.

Lot Building Area. The area of a lot encompassed by front, sides, and rear yard setbacks or building line as required by the Development Code.

Lot Coverage. The computed ground area that is covered by buildings, structures, accessory structures, driveways, parking areas, and any other impervious surface.

Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot Line. The boundary dividing a given lot from the street or adjacent lots; the boundary defining the limit of ownership of a property.

Lot of Record. A lot or parcel whose existence, location, and dimensions have been recorded in the Office of the Clerk to Superior Court of Gwinnett County.

Lot Width. The horizontal distance between the side lot lines measured along the front principal building line.

Lowest Floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this article.

M Manufactured Home:

Manufactured Home Park. A tract of land in individual ownership that has been developed with all necessary facilities and services for the placement of two or more manufactured homes for non-transient use.

Marquee Sign. See under “Building Sign.”

Mean Sea Level. The average height of the sea for all stages of the tide. It 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) and/or the North American vertical datum (NAVD) of 1988.

Medium canopy tree. A tree with a canopy that covers at least 900 square feet at maturity but less than 1,600 square feet under urban conditions, with a crown diameter of at least 35 feet.

Metropolitan River Protection Act. A state law referenced as O.C.G.A. 12-5-440 et seq., that addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Micro Wireless Facility. A small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.

Miscellaneous Building Sign. A building sign (as defined herein), other than a principal building sign, a temporary event sign, or an incidental sign, commonly found on the wall of a nonresidential use property.

Miscellaneous Freestanding Sign. A freestanding sign, other than a freestanding principal sign, temporary event sign, or incidental sign, commonly found on multi-family and nonresidential use properties located at entrance and exit driveways, drive-through windows, internal driving lanes, parking lots, designated handicap parking spaces, etc.

Mobile Home. A structure, transportable in one or more sections, that, in the travelling 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 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. A factory fabricated, transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential purposes. A modular home shall be designed and constructed in compliance with Georgia State Minimum Standard One-and-Two Family Dwelling Code and shall be certified by the manufacturer to meet the approval of the State Building Administrative Board (SBAB) to meet the same requirements as an on site-built home within the City of Duluth. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Illustrative Example of a Monument Sign. See under “freestanding sign.” Modular Home Mobile Kitchens. Mobile Kitchens are motorized vehicles that provide the ability to independently cook, prepare, and sell food.

Mulch. Organic matter composed of pine straw, leaves, aged wood chips, compost, pine bark, or a combination thereof, that is applied in a layer on the ground over the roots of a tree to retain soil moisture, improve soil texture, cover and suppress the growth of unwanted vegetation, increase soil nutrients, and provide a favorable habitat for beneficial soil organisms.

Multi-Family Dwelling. A residential building designed exclusively for occupancy by three or more families in separate dwelling units living independently of each other.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit. A permit issued by the state EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Native tree. A tree species that naturally occurs within the City of Duluth or the Piedmont area of Georgia in which the City of Duluth is located. See the City of Duluth Tree Species List for information on which species are considered native.

Natural Buffer. See under “Buffer.”

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

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

New Construction. Any structure (see definition in this Section) for which the "start of construction" commenced after December 17, 1975 and includes any subsequent improvements to the structure.

New Development. A land development activity on a previously undeveloped site.

New Manufactured Home Park or Subdivision. 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 December 17, 1975.

NOI. A Notice of Intent form provided by EPD for coverage under the State General Permit.

Non-Development Activity. Any alteration of the natural environment that does not require development or site plan approval, but that would include the proposed removal or destruction of any trees. Any removal of trees that constitutes Development Activity as that term is herein defined shall not constitute Non-Development Activity.

Nonpoint Source Pollution. A form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Non-Stormwater. Any surface flow, runoff, drainage, or discharge that is not composed entirely of stormwater and which may include pollutants, but that excludes:

Nonresidential Use. See “Use, nonresidential.”

Nonstructural Stormwater Management Practice or Nonstructural Practice. Any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

North American Vertical Datum (NAVD) of 1988. A vertical control used as a reference for establishing varying elevations within the floodplain.

NOT. A Notice of Termination form provided by EPD to terminate coverage under the State General Permit.

O Off-Site Facility. A stormwater management facility located outside the boundaries of the site.

On-Site Facility. A stormwater management facility located within the boundaries of the site.

Open soil surface area. The minimum area around a planted tree that shall remain in a permeable condition as specified in the City of Duluth Tree Species List.

Open Space. See “Greenspace or Open Space.”

Operator. The party or parties who have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation, and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outdoor Lighting.

Often referred as “fixture.”

Civil twilight ends in the evening when the center of sun’s disk is 6 degrees below the horizon and begins in the morning when the center of the sun’s disk is 6 degrees below the horizon.

Outfall. The location where storm water in a discernible, confined, and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Overbank Flood Protection. Measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the 2-year through 25-year frequency storm events.

Overstory Tree. Those trees that compose the top layer or canopy of vegetation and will generally reach a mature height of greater than 40 feet. Also see Canopy Tree.

Owner. The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm, or corporation in control of the site.

P Parapet Wall. A building façade that extends above the eave line or edge of a roof.

Parcel. See “Lot.”

Parent branch or stem. The tree trunk; or a large limb from which lateral branches grow.

Pennant. A lightweight plastic, fabric, or similar material designed to move in the wind; pennants are often suspended from a rope, wire, or string in series. The term “pennant” shall not include a “banner” or a “flag” as regulated by this Development Code.

Permit, Land Disturbance. The authorization necessary to conduct a land-disturbing activity under the provisions of this Development Code.

Permit (Small Cell Wireless Facility). A written authorization, in electronic or hard copy format, required to be issued by the City to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, interstate body, or any other legal entity.

Person (Small Cell Wireless Facility). An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

Personal Care Home. A for-profit or non-profit facility, home, or structure licensed by the State of Georgia for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability that requires chronic or convalescent care, including medical and nursing services. Personal care facilities are categorized as follows:

Phase or Phased. Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Planned Center. A single office, medical, commercial, or industrial property that is designed or intended for occupancy by two or more principal businesses that are separately owned and have no corporate relationship. A planned center may consist of a single building, such as a shopping center, or multiple buildings, such as an office condominium center.

Plantable Area. The pervious surface area (expressed in square footage) available for the preservation or planting of trees on a single-family subdivision lot. Plantable Area shall not include that portion of the lot that is covered by buildings and structures permitted pursuant to the maximum lot coverage standards of the Development Code.

Planted tree. A new tree, native or non-native, planted on a site outside of a tree conservation area, forested area or forest regeneration area.

Pocket Park. A “pocket park” or “green” is a landscaped area larger than 0.33 acres constructed for community gathering, play, or visual enhancement.

Pole (Small Cell Wireless Facility). A vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right of way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

Pole Sign. See under “Freestanding Sign.”

Pollutant. Shall mean anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes;

process waste water and wash water; sewage, fecal coliform and pathogens; dissolved and particulate metals;

animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement;

and noxious or offensive matter of any kind.

Pollution. The manmade or man-induced alteration of the chemical, physical, biological, thermal and radiological integrity of water.

Pollution Susceptibility. The relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.

Pollution Susceptibility Map. The relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20:

Groundwater Pollution Susceptibility Map of Georgia.)

Portable Sign. See “Sign, Portable.”

Post-Development. The time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Pre-Development. The time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

Principal Building. The building in which is conducted the principal use of the parcel on which it is located. Parcels with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Principal Building Setback Line. A line delineating the minimum allowable distance between a property line (or the right-of-way line) of an abutting street and a principal building on a lot.

Principal Sign. See “Sign, Principal.”

Principal Use. The specific, primary purpose for which land or a building is used, such as residential living, professional services, retail sales, or manufacturing.

Project, Development. The entire proposed development project, regardless of the size of the area of land to be disturbed.

Project Entrance Sign. See “Sign, Project Entrance”.

Properly Designed. Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal.

Protection Area or Stream Protection Area. With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Protected trees. Trees planted or conserved to meet the requirements of this chapter, City of Duluth trees, and trees within a designated Tree Preservation Area.

Pruning. Removal of woody plant parts.

Q Quadruplex. A detached residential structure containing four dwelling units R Rate (Small Cell Wireless Facility). A recurring charge.

Recharge Area. Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

Reconditioning Work (Small Cell Wireless Facility). The activities associated with substantially painting, reconditioning, improving, or repairing authority poles.

Recycled Water System. A water system that captures and reuses water previously used in wash or rinse cycles.

Redevelopment. A land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Regional Stormwater Management Facility or Regional Facility. Stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Regulated Activity (Discharge). Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U.S. excepting those activities exempted in Section 404 of the Federal Clean Water Act.

Repetitive Loss. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals, or exceeds 25% of the market value of the structure before the damage occurred.

Replace, Replacement, or Replacing (Small Cell Wireless Facility). To replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.

Replacement Work. The activities associated with replacing an authority pole.

Replacement Planting. The planting of trees on a site that before development had more trees, and after development shall have fewer trees per acre.

Replacement trees. Trees located on the City of Duluth Tree Species List that are appropriate to be planted to meet the requirements of this Development Code.

Residential or Community Shelter. A facility licensed by the State Department of Human Resources for the purpose of receiving, on a temporary basis, persons who are subject to family violence as defined by Georgia Statutes 19-13-20 and 19-13-22.

Residential Use. See “Use, Residential.”

Right of Way (Small Cell Wireless). Generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the City and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view, and access.

Right-of-Way. A portion of land over which a local or state government has designated a right of use.

Right-of-Way Line. The dividing line between a lot, tract, or parcel of land and a continuous street, sidewalk, railroad, or other public right-of-way.

Riparian. Belonging or related to the bank of a river, stream, lake, pond, or impoundment.

Roadway. The paved portion of a street from back-of-curb to back-of-curb (or edge-to-edge of pavement for streets not having curbs) but excluding driveway aprons, bridges, and large single-and multi-cell culverts that in a hydrologic sense, can be considered to function as a bridge.

Roadway Drainage Structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodable material (such as concrete, steel, plastic, or other such material) that conveys water under a roadway by intercepting the flow on one side of the roadway (consisting of one or more defined lanes, with or without shoulder areas), and carrying water to a release point on the other side.

Roof Line. The top of a flat roof or the ridge of a gable, hip or gambrel roof.

Roof Sign. See under “Building Sign.”

Roots. Woody and fibrous (or “feeder”) structures extending from the base of the tree trunk and contained primarily within the soil that function to anchor the tree, store food, and absorb water and nutrients. A tree’s root system extends out from the trunk generally two to three times the width of the crown.

Runoff. Stormwater runoff.

S Scaffold limbs. The large, main limbs that diverge from the trunk of a tree and that support the remainder of the branches and leaves.

Screening. A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.

Seasonal Event. See “Holiday or Seasonal Event.”

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion.

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

Semi-Trailer. A trailer with a set or sets of wheels at the rear, the forward portion of which is designed to be supported by the truck tractor or towing vehicle. For the purpose of this definition, flatbeds designed to be hauled by truck tractors are included as semi-trailers.

Setback. The distance between a street line or lot line and the building line of a principal building or structure.

Setback, Minimum. The shortest distance allowed between a street line or lot line and any principal or accessory building on a lot. Minimum setback requirements for buildings are associated with the type of lot line from which the setback is taken; for instance, a “side yard setback” is measured from a side lot line.

Setback, Stream. With respect to a stream, the area (established by the Stream Buffer Protection provisions of Article 8) extending beyond any buffer applicable to the stream.

Shopping Center. See “Planned Center.”

Site (of Development). The parcel of land being developed, or the portion thereof on which the development project is located.

Sign. Any structure, device, object, design, or display that is used or intended to be used to attract the attention of or to convey information to the public, and that is placed in such a way, whether outdoors, indoors, or near a window, as to be in the view of the general public from the exterior of any building on the property.

Sign, A-frame, Sidewalk, or Sandwich. A temporary, movable sign not secured or attached to the ground or surface which it is located. This type of sign is typically “A” shaped or in some variation thereof (including a sign displayed on an easel) is usually double sided.

Sign, Aggregate Area. The combined area of all sign faces of a particular category on a single parcel. For example the aggregate sign area of all freestanding signs on a parcel is the sum of the sign face areas of all freestanding signs on such parcel.

Sign, Animated. A sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by wind or by mechanical means such as the blowing of air or motorized parts, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (light-emitting diode) screen or any other type of video display.

Sign, Banner. A sign of fabric, thin plastic, or similar lightweight material that is mounted to a pole or a building at one or more edges and is intended or displayed as commercial speech. Flags displaying noncommercial speech shall not be considered to be banners.

Sign, Billboard. A freestanding pole sign that is 200 square feet in area or larger.

Sign Body. Portion of a sign structure that is intended or designed primarily to support or display the sign face, exclusive of the sign’s base or decorative cap, if any.

Sign, Building Marker. See under “building sign.”

Sign, Canopy. See under “building sign.”

Sign, Changeable Copy. A type of animated sign that is capable of changing the position or format of texts or other displays on the sign face or change the visible display of words, numbers, symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light apertures, or other methods, provided these changes are actuated by either a control mechanism or manually on the face of the sign. Changeable copy signs include the following types:

Sign, Channeled Letter. Signs that have their letters cut out of the sign face or raised above the sign face, described as:

Sign Copy. The words, letters, figures, symbols, logos, fixtures, colors, or other design elements that are used to convey the message, idea, or intent for which a sign has been erected or placed.

Sign, Dilapidated/Deteriorated. A sign that is structurally unsound, has defective parts, or is in need of painting or other maintenance.

Sign, Double-Faced. A sign structure with two sign faces that are parallel (back-to-back) or that form an angle to one another of no more than 60 degrees, where each sign face is designed to be seen from a different direction and the two sign faces are separated from each other at their nearest point by no more than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more than 12 inches are treated as separate signs.

Sign Face. Portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two or more modules on the same surface that are separated or surrounded by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature.

Sign, Flag. See “flag.”

Sign, Height. The vertical distance from the ground to the highest point of the sign structure, as measured from the adjacent finished grade at the base of the sign.

Sign, Illuminated. Any sign or portion thereof that is illuminated by artificial light, either from an interior or exterior source, including outline, reflective, or phosphorescent light, whether or not the source of light is directly affixed as part of the sign, and shall also include signs with reflectors that depend upon sunlight or automobile headlights for an image.

Sign, Incidental. A small sign, emblem, or decal no larger than 1½ square feet in area. Such signs are normally located on doors, windows, and gas pumps, or in parking lots or loading areas, may be freestanding or building signs, and are generally not readily visible or legible from public rights-of-way.

Sign, Inflatable. A sign that is either expanded to its full dimensions through mechanical means of an air-blower or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.

Sign, Kiosk. See “Kiosk.”

Sign, Marquee. See under “Building Sign.”

Sign, Mobile. See “Vehicular Sign.”

Sign Module. Each portion or unit of a sign face that is clearly separable from other such units by virtue of its individual or independent construction or framing.

Sign, Monument. See under “Freestanding Sign.”

Sign, Multi-Faced. A single freestanding sign structure consisting of two sign faces (see “Double-Faced Sign”) or three or more sign faces that are separated from each other at their nearest point by no more than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more than 12 inches are treated as separate signs.

Sign, Neon. An illuminated sign containing a glass tube filled with neon or phosphors, which is bent to form letters, symbols or other shapes, or otherwise used to highlight, decorate or outline the sign.

Sign, Nonconforming. A sign legally existing at the time of its placement or erection that could not have been approved under the terms of this Development Code.

Sign, Permanent. Any sign that is securely affixed to the ground or to a building and not readily removable.

Temporary signs are not considered to be permanent signs.

Sign, Pole. See under “Freestanding Sign”.

Sign, Portable. A sign whose principal supporting structure is intended, by design and construction, to be used by resting on the ground for support and may be easily moved or relocated for reuse. Portable signs shall include, but are not limited to, signs mounted on a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. See also “Sign, A-Frame, Sidewalk, or Sandwich.”

Sign, Pre-Permanent. A temporary sign used for signage by a new business until the permanent sign is installed.

Sign, Principal. The main, most prominent or largest freestanding or building sign on a property’s street frontage or principal building, other than a project entrance sign as defined in this Article. Such signs are of permanent construction and not placed as temporary signage.

Sign, Prohibited. Any sign, other than a non-conforming sign, not conforming to this Development Code.

Sign, Project Entrance. A permanent freestanding sign located at an entrance designed and permitted for vehicular access into a multi-family development, or into a development containing multiple lots, such as, but not limited to, a particular single-family residential subdivision, a townhouse condominium subdivision, or a commercial subdivision such as an office park or industrial park where buildings are located on separate lots.

Sign, Projecting. See under “Building Sign.”

Sign, Roof. See under “Building Sign.”

Sign, Temporary. Any sign, the use of which is short-term in nature, that is affixed to or placed on the ground or to a building but is readily removable and not intended for permanent installation.

Sign, Under Canopy. See under “Building Sign.’

Sign, Wall. See under “Building Sign.”

Significant Recharge Areas. Those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition.

Single-Family Attached Dwelling (Townhome or Townhouse). A residential building containing three to eight one-dwelling units adjoined by vertical walls.

Single-Family Detached Dwelling. A detached building containing one dwelling unit. See also “Manufactured home,” “Modular home,” and “Site-Built Single-Family Detached Dwelling.”

Site. The parcel of land being developed, or the portion thereof on which the land development project is located.

Site-Built Single-Family Detached Dwelling. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, in contrast to assembly of pre-constructed and which is constructed in accordance with all requirements of the construction codes as adopted by the City of Duluth.

Slope. The degree of deviation of a surface from horizontal, measured in a numerical ratio, percent or degrees. Expressed as a ratio or percentage, the first number is the vertical distance (rise) and the second is the horizontal distance (run), as 2:1 or 200 percent (200%). Expressed in degrees, it is the angle of the slope from the horizontal plane with a 90-degree slope being vertical (maximum) and 45-degree being a 1:1 slope.

Small canopy tree. A tree with a canopy that covers at least 400 square feet at maturity but less than 900 square feet under urban conditions, with a crown diameter of at least 25 feet.

Small Cell Wireless Facility. A wireless facility that meets both of the following qualifications: (i) all antennas shall either be enclosed in a canister with a combined maximum height of 4 feet and a maximum total volume of 15 cubic feet, and (ii) all other wireless equipment shall, to the extent feasible, be contained within the pole or support structure, but if mounted externally, shall not exceed a maximum volume of 23 cubic feet, and must be attached to the pole. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Small Wireless Facility. Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling;

power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such terms shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

Softwood Tree. Any coniferous (cone bearing) tree. This definition is based on the colloquialism and does not necessarily reflect any true qualities of the tree.

Soil and Water Conservation District Approved Plan. An erosion, sedimentation, and pollution control plan approved in writing by the 15th Soil and Water Conservation District.

Special Event Facility. An establishment where special events including, but not limited to, weddings, wedding receptions, private parties, and similar events are held and which provides meals for food services in connection with such events and which meets the definition in Chapter 3 of the Duluth Code of Ordinances.

Special Use. The term applied to those uses specifically identified and approved by the City Council under the requirements set forth herein.

Specimen Tree. Any tree which has been determined by a registered landscape architect or the Planning and Development Director, his/her designee, or any other certified Arborist to be of high value because of its type, size, age and/or of historical significance, or other professional criteria, and has been so designated in administrative standards established by the City. This is usually a plant with desirable form, foliage, fruit, or flower that can be emphasized although isolated.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

Start of Construction. The date a permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walk-ways;

nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms;

nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are not exempt from any article requirements). For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State. The State of Georgia.

State General Permit. The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30.

State Waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia that are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, but which also includes:

Stormwater Better Site Design. Nonstructural site design approaches and techniques that can reduce a site’s impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover, and using natural features for stormwater management.

Stormwater Management. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety, and general welfare.

Stormwater Management Design Manual. The most recent version of the Gwinnett County, Georgia, Stormwater Design Manual.

Stormwater Management Facility. Any infrastructure that controls or conveys stormwater runoff.

Stormwater Management Measure. Any stormwater management facility or nonstructural stormwater practice.

Stormwater Management Plan. A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance.

Stormwater Management System. The entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.

Stormwater Retrofit. A stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

Stormwater Runoff. The flow of surface water resulting from precipitation.

Story, Building. That portion of a building included between the surface of any floor and the surface of the floor above it. If there is no floor above it, a room, suite, or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations. One-story measures 12 feet in height. The first floor of a two or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy but has at least ½ of its height on one side above grade. Those stories above the first floor shall be numbered consecutively.

Stream Bank. The confining cut of a stream channel.

Stream Buffer. See under “Buffer”.

Stream Channel. The portion of a watercourse that contains the base flow of the stream.

Stream Protection Area. See “Protection Area.”

Street. A public thoroughfare, that affords the principal means of access to abutting property. Various types of streets may be defined as follows:

Street Line. The dividing line between a lot, tract or parcel of land and a contiguous street.

Street, Private. Any right-of-way or area set aside to provide vehicular access within a development that is not dedicated or intended to be dedicated to the city, and that is not maintained by the city; An access way similar to and having the same function as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway"). Private streets shall be classified as local streets for purposes of determining building setbacks.

Street, Public. A right-of-way dedicated to and accepted by the City of Duluth for vehicular traffic or over which the City of Duluth may hold a prescriptive easement for public access and including designated and numbered U. S.

and State Highways. For the purposes of this Development Code, the term "public street" shall be limited to those that afford or could afford a direct means of vehicular access to abutting property and exclude limited access roadways that abut a property but from which direct access may not be allowed under any circumstances.

Street, Right-of-Way. The dividing line between a lot, tract, or parcel of land and a street right-of-way.

Structural Buffer. See under “Buffer”.

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

Structural Stormwater Control. A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow of such runoff.

Structure. Anything constructed or erected on the ground or attached to something on the ground, including, but not limited to: buildings, signs, gasoline pumps, parking lots, patios, pools, decks, manufactured homes, gas or liquid storage tanks, and canopies.

Stub. An undesirable short length of a branch remaining after a break or an incorrect, internodal pruning cut is made.

Subdivider. Any person, individual, firm partnership, association, corporation, estate, trust, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as herein defined, including an agent of the subdivider.

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

Substantial Improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure prior to the improvement. The market value of the building means:

Substantially Improved. Existing manufactured home park or subdivision is where the repair, reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced.

Subtenant. A natural person, business, or other entity that subleases or is otherwise allowed to occupy a portion of land or a building, the majority of which is also occupied by a tenant. For the purposes of this Development Code, a subtenant is not treated as a “tenant” as defined herein.

Suburban sprawl. The outward expansion of suburban areas into formerly rural or undeveloped land. It is characterized by low-density development, single-family homes, and increased reliance on automobiles for transportation.

Support Structure (Small Cell Wireless Facility). A building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

T Telecommunications:

Such term includes the placement of accessory equipment within an existing equipment compound.

in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.)

Temporary Event. An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days.

Tenant. A natural person, business, or other entity that occupies land or buildings by ownership, under a lease, through payment of rent, or at will; the primary occupant, inhabitant, or dweller of a place. See also “subtenant”.

Tenant Frontage. The horizontal distance in feet between the walls that delimit an exterior façade of a tenant space. A “tenant space” may be a standalone building with a single occupant, or a portion of a planned center that is separated from all other tenant spaces for occupancy by a single tenant.

Timber Harvesting. The felling, loading, and transporting of timber products (pulpwood etc.). The term “timber harvesting” may include both clearcutting and selective cutting of timber.

Topping, top (heading, lopping, tipping). An improper method of pruning that involves cutting a currently growing or one-year-old shoot back to a bud or cutting an older branch or stem back to a stub or lateral branch not sufficiently large enough to assume the terminal role.

Trail, Multi-use. A hard surface (concrete, asphalt, boardwalk, etc.) transportation structure specifically constructed for alternative transportation such as walking, biking, roller blading, etc., and not intended to transport motorized vehicles such as cars, trucks, or motorcycles.

Tree. Any living, self-supporting woody or fibrous plant that normally obtains a Diameter Breast Height of at least 3 inches and typically has one main stem or trunk and many branches.

Tree canopy cover. The land area covered by a tree crown, as measured in square feet. For a site or lot it may be expressed as the percent of the land area covered by tree canopy and is calculated by dividing the tree canopy cover in square feet by the total land area of the site or lot.

Tree Diameter. The widest cross-sectional dimension of a tree trunk measured at diameter breast height (DBH) or at a point below DBH for new trees or multi-trunked species, but in no case less than 6 inches from the ground.

Tree establishment. The activities associated with installing a tree in the landscape, including tree selection, tree placement (site selection), soil preparation, planting and new tree maintenance.

Tree-planting season. The time of year most suitable for planting trees, while they are dormant, considered to be December through March in the City of Duluth.

Tree Preservation/Replacement Plan (TP/RP). A plan that identifies Tree Protection Areas on a property where existing trees are to be preserved and where proposed replacement trees are to be planted to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree Protection Area (TPA). Any portion of a site wherein are located existing trees that are proposed to be preserved in order to comply with the requirements of this Ordinance. The Tree Protection Area shall include no less than the total area beneath the tree canopy as defined by the drip line of the tree or collective group of trees.

Tree protection zone (TPZ). A more or less cylindrical area surrounding a tree (planted or conserved) and including the critical root zone and extending up to the top of the tallest branch and out from the trunk to the dripline of the tree or the critical root zone, whichever is greater. This area includes the trunk, crown, and that portion of the tree’s roots within the critical root zone. For a group of trees, it includes the area within the group and extending out to the critical root zones of the trees located along the entire perimeter of the group. The tree protection zone increases in size as a tree grows.

Tree Removal or Removal of Trees. Any act that causes a tree to die within two years after commission of the act, including, but not limited to, damage inflicted upon the root system or trunk as the result of:

Tree Save Area. An area designated for the purpose of meeting tree density requirements, saving natural trees, and/or preserving natural buffers.

Tree-Thinning. Selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way shall be constructed as clear-cutting.

Triplex. A multi-family dwelling containing three dwelling units, designed for occupancy by not more than three families living independently of each other.

Trout Streams. All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First-order trout waters are streams into which no other streams flow except springs.

Trunk. The main stem(s) of a tree, located above ground, extending up from the root system and supporting the crown. The trunk is responsible for water, nutrient, and carbohydrate transport within the tree and the storage of carbohydrates for future use.

Two-Family Dwelling (Duplex). A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

U Understory. Those trees that grow beneath the overstory and will generally reach a mature height of less than 40 feet.

Unhealthy tree. As determined by an independent certified Arborist, a tree demonstrating one or more signs of loss of vigor and decline, as indicated by atypical leaf color, recurring short annual shoot extension, or less than one-third live crown ratio, or severe insect or disease infestation, or with damage or structural defects that may include, but are not limited to: severed or damaged roots greater than two inches in diameter within the critical root zone; signs of previous topping or other improper pruning practices resulting in decay or a structural defect;

longitudinal cracks in the trunk; wounds that encompass greater than one-third of the circumference of the trunk;

trunk cavities equal to or greater than two-thirds of the trunk diameter at the point of the cavity; cracks, wounds, or cavities of one or more of the scaffold limbs resulting in a structural defect that cannot be corrected to ensure a safe or healthy condition; and any other defect that cannot be corrected through standard arboricultural practices.

Use, Nonresidential. A principal use that is a business engaged in the sale of goods or the provision of personal, professional, business, entertainment, or other services; an institutional or nonprofit organization; a business engaged in the fabrication, manufacture, or production of durable or non-durable goods; an activity for the administration or support of a business or organization; or a place of lodging for the travelling public, such as a hotel, motel, or bed and breakfast.

Use, Residential. A principal use that is intended for occupancy by an owner or lessee as their permanent abode.

Utility. A public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, storm water systems, and railroads or other utilities identified by the Planning and Development Department.

Utility Pole. A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including city-owned poles. Such term shall not include structures supporting only Wireless Facilities.

V Variance. A grant of relief from the requirements of this Development Code which permits construction in a manner otherwise prohibited by this Development Code.

Vegetation, wrested. The line where the normal flow of water in a stream or other body of water has removed vegetation from the bank, creating a clear boundary between the water and the remaining vegetation.

Vegetative Erosion and Sedimentation Control Measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Vehicle. Any device in, upon, or by which any person or property is or may be transported or drawn upon a highway.

Vehicular Sign. Any sign placed, mounted, painted on, or affixed to a motor vehicle or to a freight, flat-bed or storage trailer, or other conveyance, whether motorized or drawn.

Very small canopy tree. A tree with a canopy that covers at least 150 square feet at maturity but less than 400 square feet under urban conditions, with a crown diameter of at least 15 feet.

View Corridor. A designated pathway or area that frames and protects a specific view of a landmark, natural feature, or important building.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

W Wall Sign. See under “Building Sign.”

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

Watershed Buffer. See under “Buffer”.

Water Supply Watershed. The area of land upstream of a governmentally owned public drinking water intake.

Watershed. The land area that drains into a particular stream.

Way. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

Way, Pedestrian. A right-of-way within a block dedicated to public use, intended primarily for pedestrians and from which motor vehicles are excluded.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Window Sign. See under “Building Sign.”

Wireless Facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small call wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated.

Wireless Infrastructure Provider. Any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

Wireless Provider. A wireless infrastructure provider or a wireless services provider.

Wireless Services. Any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless Services Provider. A person that provides wireless services.

Wireline Backhaul Facility. An aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.

Wound. The opening that is created any time the tree’s protective bark covering is penetrated, cut, or removed, injuring or destroying living tissue.

X Y Yard (with principal building). An area that lies between the principal building on a lot and the nearest lot line.

Yard (no principal building). An area beginning from the nearest lot line or street right-of-way line, as described below, to the interior of a lot.

Z Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line, such as patio homes or fee simple townhouse condominiums.

Zoning Buffer. See under “Buffer”. Example of Zero Lot Line:

Patio Homes