Appendix A — Definitions

The following words, terms and phrases, when used in this UDO, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A A-frame sign. See sidewalk sign.

Abutting property. Two or more pieces of property touching at one or more points along a common side, boundary or property line. Two or more pieces of property that are separated by a railroad, street right-of-way, or natural feature, such as a naturally occurring body of water, are considered abutting.

Access. A way or means of approach that provides a physical entrance to a property.

Accessory. A use or structure customarily incidental and subordinate to the principal use or structure, and located on the same zoning lot as such principal use or structure.

Accessory building. A detached subordinate building, such as a garage, the use of which is incidental to the primary use of the main building or land and is located on the same lot as the principal structure or use.

Accessory dwelling unit. An attached or detached dwelling unit subordinate to a principal single-family detached dwelling on the same lot or parcel.

Accessory structure. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the primary structure.

Accidental discharge. A prohibited discharge into the City of Fayetteville Drainage System which occurs by chance and without planning or consideration prior to occurrence.

Active park/active recreation. Indoor or outdoor leisure activity involving the physically active use of the body, whether undertaken by individuals (running, skiing, climbing, etc.) or involving organized participatory activity with others, specialized equipment, and occurring at prescribed sites, fields, courses, structures, or buildings developed or improved for that purpose. Active recreation uses include but are not limited to golf courses, playgrounds, tot lots, skateboarding parks, courts for tennis and other court games, swimming pools, and fields for team sports such as baseball, soccer, basketball, football, lacrosse, Ultimate Frisbee, and similar activities. Active recreation may involve motorized or non-motorized vehicles.

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

Adjacent property. See abutting property.

Adult day care (ADC). The provision of a comprehensive plan of services that meets the needs of aging adults under a social model. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities.

Adult day center. A facility serving aging adults that provides adult day care or adult day health services, for compensation to three or more persons.

Adult day health services (ADHS). The provision of a comprehensive plan of services that meets the needs of aging adults under a medical model. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities.

Advertising sign. Any surface, material, fabric, device, object, or display which bears lettered, numbered, pictorial or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view. For the purposes of this chapter, the term “sign” shall not include those devices located entirely within a building or structure unless such devices are considered a window, door or display sign; additionally, the term “sign” shall include all structural members used to erect or mount the same.

Agent. An individual with a place of business in the state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant or foreclosed property owner.

Aging adults. Persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living.

Aggregate sign area. The combined area of all signs of a particular category on a single parcel.

Agriculture, urban. Planting, growing, and cultivating vegetables and fruits as an accessory use, but not including the keeping of farm animals.

Alley. A public thoroughfare or way, not more than 30 feet in width except for necessary turnarounds, and which normally provides a secondary means of access to abutting property.

Alteration. Any change to a tract of land, a structure or a building.

Alteration, building. Any change in the use of a building or any physical alteration made which modifies the existing foundation, load bearing walls or roof of a building; or requires an electrical, plumbing or mechanical permit.

Alternative nicotine product. Any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Such term shall not include any tobacco product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act (per O.C.G.A. § 16-12-70.)

Alternative tower structures. Manmade trees, clock towers, bell steeples, light poles, and similar mounting devices for telecommunications equipment.

Animal care (indoor). A facility designed or arranged for the care of animals without any outdoor activity. No outdoor activity associated with care of animals is allowed. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel (11 or more dogs) and doggy day care.

Animal care (outdoor). A facility designed or arranged for the care of animals that includes outdoor activity.

Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel (11 or more dogs) and doggy day care.

Animated sign. Any sign with action, motion, changing colors, or having characteristics that utilize electrical or mechanical energy, including wind-activated elements such as spinners and aerial devices, to change the sign copy or appearance or draw attention to the sign. Animated sign includes signs that have visual special effects, such as copy that fades, scrolls, moves or changes as the viewer’s attention is drawn to the sign.

Animated sign also includes signs that emit sound, smoke or other special effects.

Antenna. Any exterior apparatus designed for telephonic radio or television communication through the sending of electromagnetic waves. As it relates to small wireless facilities and antennas, antenna has the same meaning as in O.C.G.A. § 36-66C-2(2).

Antique. A product that is sold or exchanged because of value derived because of the age and historical nature of the product, and not simply because the same is not a new product. An antique is typically over 50 years old and has collectible value.

Antiques shop. A retail establishment primarily engaging in the sale or trading of articles of which 80 percent or more of the products are antiques.

Appeal. A request for a review by the City Council, the city manager, and/or the UDO Administrator or their designee related to an interpretation of any provision of the UDO.

Applicable laws. As it relates to small wireless facilities and antennas, all applicable local, state, and federal law, including but not limited to building, fire, electrical, plumbing, or mechanical codes adopted by the City, and the Telecommunications Act of 1996 as codified in 47 U.S.C. § 151 et seq.

Applicant. A person submitting an application or a plan for review or approval.

Application. As it relates to small wireless facilities and antennas, application means a request submitted by an applicant (i) for a permit to install or collocate small wireless facilities; or (ii) to approve the installation or modification of a utility pole or wireless support structure.

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

Arborist. A professional in the practice of arboriculture and certified by The International Society of Arboriculture.

Architectural treatment. Exterior design features, materials of construction, and finishes which combine to produce an aesthetic structure in harmony with the architectural zone in which the building is located. Such treatment shall consist of one or more of the following materials: brick, stone, stucco, glass, or wood.

Area of future-conditions flood hazard. The land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

Area of shallow flooding. A designated AO or AH Zone on the city’s Flood Insurance Rate Map (FIRM) with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of sign. Only one face of a double-faced sign, as defined herein, bearing identical copy on each side shall be used in computing the area, otherwise both sides shall be used in computing area.

said perimeter to be drawn around the vertical plane through the sign which creates the perimeter with the largest area. The three dimensional sign shall be treated as a double sided sign for purposes of sign area; therefore, the area of the above described perimeter shall be doubled, which product shall be the area of the sign for purposes of this sign ordinance.

Area of special flood hazard. The land subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation designated as Zones A, A1-30, A-99, AE, AO, AH, and AR on a community’s Flood Insurance Rate Map (FIRM).

As-built drawings. Amended site plans specifying the locations, dimensions, elevations, capacities and operational capabilities of road and drainage structures and facilities as they have been constructed.

Assisted living care. The specialized care and services provided by an assisted living facility which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self-preservation.

Assisted living facility. A facility providing residential, social, and personal care for elderly residents with disabilities or for those who cannot or chose not to live independently.

Attic story. Habitable space situated within the structure of a pitched roof and above the uppermost story.

Automobile brokerage. A business which provides for the purchasing and/or leasing of a vehicle, whether non-commercial or commercial, which includes, but is not limited to helping clients find the desired vehicle, negotiate the price or lease contract, manage paperwork associated with the sale or lease, or secure financing for the sale or lease of the vehicle. An automobile brokerage is not a dealership and does not sell or lease vehicles. The brokered vehicles are not stored on the same lot as that on which the business office is located.

Automobile service station. A land use where gasoline, oils, greases, batteries, tires, and general automobile accessories may be provided, but where no part of the premises is used for the storage or dismantling of wrecked or junk vehicles.

Awning. A roof-like-cover that projects from the wall of a building for the purpose of shielding a doorway, walkway, or window from the elements. Awnings are often made of metal, fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the building.

Awning, retractable. An awning designed to be stored against a building when not in use, but which can be temporarily extended either manually or mechanically. For purposes of administering this ordinance, a retractable awning will be allowed to extend into a rear setback area in a general residential zoning district;

provided that, when fully extended, it encroaches no more than ten feet into the rear setback area.

Awning or canopy sign.

A sign imposed or painted upon any roof-like structure that provides either permanent or temporary shelter for adjacent walkways or entrances to a building or property.

B Banner. A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Banquet or meeting hall/event center. A use which provides rental space for group functions such as, but not limited to, wedding parties, conferences, service club meetings, and similar gatherings, along with the catering of food (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.

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

Basement. A portion of a building located partially below grade where the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted in determining the maximum number of stories.

Basement, English. A habitable floor level below the first floor that is partially above and below grade. The ceiling of an English basement is typically at least three feet above sidewalk grade with windows and an entry with direct street-space access.

Bathroom. A non-habitable room which affords privacy to a person within the room and which is equipped with a toilet in good working condition.

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

Bed and breakfast inn. A business operated in an owner-occupied, single-family detached dwelling with up to six guestrooms where overnight accommodations and a morning meal are provided to transients for compensation, and where the bed and breakfast inn is operated as subordinate and incidental to the main residential use of the building.

Bedroom. A habitable room with at least 70 square feet of floor space which is intended as a place for regular sleeping purposes with sleeping sessions generally lasting in excess of five hours per 24-hour period, and which contains at least one bed or soft mattress for every two occupants and excludes bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics.

Bench sign. Any sign attached to or painted upon a bench or other seat placed in the public view and meant to be for public use or viewing.

Best Management Practices (BMPs). Structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia. These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are 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.

BMP landscaping plan. A design for vegetation and landscaping that is critical to the performance and function of the BMP including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants with common and botanical plant names.

Billboard. Any structure or portion thereof on which lettered, figured, or pictorial matter is displayed for advertising goods or services which are not available at the property on which the sign is located, also considered offsite advertising sign.

Blade sign. A sign affixed to a wall and extending more than four inches from the surface of such wall and perpendicular to the wall surface.

Block. An increment of land comprised of lots, alleys and tracts circumscribed and not traversed by streets (pedestrian pathways excluded).

Board. The board of natural resources.

Boarding house. A building, other than a hotel, where for compensation or by prearrangement for a definite period, lodging is provided with or without meals for three, but not more than ten persons non-transient persons unrelated by blood or marriage.

Body shop. A building or premises where motor vehicle repair and/or replacement is performed, including but not limited to painting and metal fabrication of motor vehicle bodies or structures.

Brewpub. A fully licensed restaurant where beer or malt beverages are manufactured and sold on the premises as an accessory use. Limited retail sales for on-premises consumption in draft form and wholesale distribution are permitted in accordance with O.C.G.A. § 3-5-36 (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Buffer. An area consisting of landscaping, walls, fences or berms designed to visibly separate one use from another through screening and distance to shield or block noise, light, glare, or visual or other conditions or to reduce air pollution, dust dirt or litter.

Buffer, planted. An area of land which consists of newly-installed plant material and/or other features (berms, fences, etc.) in an effort to establish a natural transition between adjoining properties and/or uses.

Buffer, state waters. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Buffer, stream. The area of land immediately adjacent to the banks of state waters and left in its natural state of vegetation to facilitate the protection of water quality and aquatic habitat. With respect to a stream, a natural or enhanced vegetated area, lying adjacent to the stream.

Buffer, undisturbed. An area of land which is not to be reduced or altered except for minor maintenance as may be authorized under this ordinance.

Buffer zone. That portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate residential zoning districts from other zoning districts. In the event that insufficient existing vegetation or trees exist in the buffer zone, planting, fencing or other supplemental screening shall be required, with a density, or opacity to accomplish buffering as required by this UDO.

Roads, parking areas, aboveground stormwater retention facilities, recreational facilities, or other aboveground construction shall not be permitted within the required buffer zone. Public rights-of-way and utility easements shall not be considered as part of the buffer zone. Required buffer zones are in addition to required yard areas.

Buildable area. That portion of a lot remaining after required yards have been provided and areas subject to flooding during the 100-year storm event have been deducted.

Building. Any enclosed structure, attached to the ground and having a roof supported by columns, walls, or other support used for the purpose of housing or storing of persons, animals, or property, or carrying out of business activities, or similar uses.

Building department. The individuals and/or agency appointed to review, permit and inspect residential, commercial and industrial structures within the city, among other duties.

Building face. See façade.

Building face projection. The facade area of a building, generally parallel to the street, excluding roofs, covered sidewalks, or facade areas which are perpendicular to the street. For applicants located in a planned center, the building face projection shall be that portion of the front facade that the applicant occupies.

Building height. The vertical distance as measured from the average elevation of the proposed finished grade on the front of the structure to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof or parapet.

Building line. A boundary established to ensure no foundation wall or part of a structure shall project, with the exception of roof overhang and the subsurface projection of footings; provided, however, that such overhang and footings do not encroach upon the adjacent property or right-of-way.

Building Official. The official appointed by the city as its agent for enforcing, in conjunction with the zoning administrator, the regulations of this ordinance relating to building construction and permitting.

Building, principal. A building or structure in which the main use of the lot or parcel of land is conducted.

Building sign. A sign that in any manner is fastened to, projects from, or is placed upon the exterior wall of a building.

Business premises. A building, suite, office or other unit used for nonresidential purposes. In the case of businesses licensed by the city, the area occupied by a single business license holder shall be deemed as one business premises. In the case of professionals paying individual taxes to the city, each professional corporation, partnership or other entity in which the professional participates shall be considered the occupant and all area occupied by that occupant shall be the business premises. For the purpose of this chapter, business premises shall include nonresidential space occupied by charitable organizations, political organizations, institutions or other noncommercial entities.

Bulk storage facility. The storage of chemicals, petroleum products, grains, and other materials in structures for subsequent resale to distributors or retail dealers/outlets.

Business sign. An identification sign containing only the name or names of the businesses located on the same premises the business is located.

C Caliper. The diameter of the main trunk of a tree or sapling as measured at no less than six inches above ground level. For a multiple-trunk tree, the diameter of the largest stem or trunk shall be used to measure the entire tree.

Campground. A facility for short-term recreational use where multiple sites are arranged and available for rent and occupied by tents, campers, trailers and/or other recreational vehicles for overnight stays, not exceeding 30 consecutive days, and that usually has toilets and showers for campers to use and may include accessory uses such as laundry facilities and sale of convenience goods.

Camping trailer.

A vehicular structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is not more than eight feet in body width, is less than 4,500 pounds in gross weight, and does not exceed 28 feet in length.

Canopy means. A roof-like structure supported by columns or projecting from a building and open on at least three sides.

Canopy tree. Any self-supporting woody plant of a species that grows to an overall height of at least 40 feet, usually with one stem or trunk and many branches.

Care home. A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit or nonprofit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill or convalescent persons.

Carport. A structure intended for vehicle storage not completely enclosed by walls and doors.

Cemetery. A combination of one or more of the following: a burial ground for earth interments, a mausoleum for crypt entombments, or a columbarium for the internment of cremated remains. For the purposes of this ordinance, a cemetery does not include a crematorium.

Centerline of street. The midpoint of a street or road. In the case of a multiple-lane street or road, the centerline of the total right-of-way.

Certificate of Occupancy (CO). A permit authorized and issued by the Building Official indicating that the use or the building or land in question is in conformity with this ordinance or that a legal variance has been approved.

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

Changeable copy sign. A sign on which panels of copy may be changed electronically or manually in the field, or boards or backgrounds upon which changeable letters or changeable panels may be placed.

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

Child care center. A facility other than a private residence in which one or more preschool or school age children are provided care and supervision for periods of less than twenty 24 hours per day, and where the parents or guardians are not immediately available to the child. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program or drop-in center.

Church or other place of worship. A building or combination of buildings either used for or intended to be used for public worship including temples, synagogues and related Sunday school or church school facilities.

Cigar bar or lounge. An establishment that is open to the public where cigars are sold for consumption on and off the premises, and space and seating are provided for patrons to sit and smoke cigars.

Cigar wraps. Individual cigar wrappers, known as wraps, blunt wraps, or roll your own cigar wraps, that consist in whole or in part of reconstituted tobacco leaf or flavored tobacco leaf (per O.C.G.A. § 16-12-170).

Cigarette. A roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco (per O.C.G.A. § 16-12-170).

City. The City of Fayetteville, Georgia.

City Council. The Mayor and City Council of the City of Fayetteville, Georgia.

City Manager. The City Manager of the City of Fayetteville, Georgia.

City of Fayetteville Drainage System. Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, which are:

City of Fayetteville Water Quality Best Management Practices for Stormwater Management Guidance Manual.

The manual developed by the City of Fayetteville to provide an overview of design criteria for selected stormwater management facilities that remove and reduce pollutants from stormwater runoff.

City-owned pole. As it relates to small wireless facilities and antennas, a city-owned pole means (i) a utility pole owned or operated by the City in the rights-of-way, including, but not limited to, a utility pole that provides lighting or traffic control functions, including light poles, traffic signals, and structures for signage, and (ii) a pole or similar structure owned or operated by the City in the ROW that supports only wireless facilities. The term shall only include vertical portions of covered poles; horizontal extensions are not included.

Civic buildings. Those buildings that house strictly civic uses or historically and urbanistically significant structures designated on the regulating plan. Civic use buildings and publicly-owned public art are not subject to the building form standard prescriptions of this district.

Civic. For the purpose of this district, uses include meeting halls, libraries, schools, police and fire stations, post offices (retail operations only, no primary distribution facilities), places of worship, museums, cultural, visual and performing art centers, transit centers, government functions open for the public, and other similar community uses. Public ownership alone does not constitute civic use.

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

Cleaning agent. A laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes.

Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street, highway or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Clearing. The removal of all trees from a property, whether by cutting or by other means, excluding stream buffer requirements.

Clear-cutting. The broad removal of all trees or vegetation from a particular area.

Clear height. Within a structure, the habitable distance between the floor and ceiling. For external building features, the unobstructed distance from the ground/sidewalk to the lowest element above.

Clear view zone. The area of a corner closest to the intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Also called “clear view triangle” or “sight triangle.”

Clear walkway. An area within a street-space that must remain clear of obstructions and allow public passage.

Clearing. An activity which removes and/or disturbs the vegetative cover, including trees.

Clerk of the Superior Court. The clerk of the superior court of Fayette County, Georgia.

Clinic. An establishment where patients, who are not lodged overnight, are admitted for examinations and treatment by a medical professional or a group of medical professionals.

Club. A building owned, leased, or hired by an association of persons, who are bona fide members paying dues, the use of which is restricted to the members and their guests. The serving and selling of food and beverages may be permitted, providing that adequate kitchen and restroom facilities are available and that such sales are in accordance with federal, state, and local laws.

Club, civic. A use of property and buildings for the purpose of providing a meeting place or meeting house for a group or organization of persons having as their primary purpose or goal the furtherance of activities or concepts relating to the common good and general welfare of the citizens of a geographic area.

Club, private. Associations and organizations of a fraternal or social character, not operated or maintained for profit. The term “private club” shall not include nightclubs, or other institutions operated for profit.

Cluster homes. A group of single-family or multifamily housing units sharing common open space in an approved residential development.

Collectors. Streets which channel local traffic into the major/minor collector and arterial system. Collectors provide circulation within residential subdivisions or commercial and industrial areas.

College or university.

A facility for post-secondary education that grants associates, bachelors, masters, or doctoral degrees, and may include research functions. Includes professional schools (law, medicine, etc.) and technical colleges.

Collocate. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A. § 36-66C -2(11).

Commerce. For the purpose of this district, uses shall be considered to encompass all of the by-right and conditional uses included in the non-residential zoning districts identified herein.

Commercial recreation, indoor. An establishment providing indoor amusement and entertainment services, often for a fee or admission charge, including, but not limited to bowling alleys, commercial health and fitness facilities, coin-operated amusement arcades, movie theaters, electronic game arcades (video games, pinball, etc. ), indoor ice skating and roller skating rinks, pool and billiard rooms as primary uses. Does not include adult-oriented businesses. May include bars and restaurants as accessory uses. Any establishment with four

Commercial recreation, outdoor. A facility for outdoor recreational activities where a fee is often charged for use. Examples include, but are not limited to, amusement and theme parks, go-cart tracks, golf driving ranges, miniature golf courses, marinas, watercraft rentals and water parks. May also include ancillary commercial facilities including bars and restaurants, video game arcades, etc. Marinas may include marine-related retail (bait and tackle, boat supplies), fuel sales, minor boat repair, and boat storage.

Commercial message. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial speech. The expression of an idea, opinion or message that directs or attracts attention to a business operated for profit; or to a product, commodity or service for sale, trade, barter, swap or lease; or to any other commercial interest or activity.

Commercial vehicle.

Vehicles designed, maintained or used primarily for the transportation of property or passengers in furtherance of commercial enterprise; all vehicles, including passenger vehicles, affixed with signs advertising or identifying an establishment, product, service or activity; and/or mobile mechanized equipment, such as cranes, bulldozers, trenchers, tractors, compressors and similar equipment.

Commercial warehousing. See warehouse.

Commission. The Planning and Zoning Commission of the City of Fayetteville, Georgia and/or the Georgia Soil and Water Conservation Commission (GSWCC), as applicable.

Commissioner of Health. The Fayette County Health Department and/or the State of Georgia Department of Health. The words “commissioner of health” are used in these regulations to denote the fact that all matters pertaining to health regulations shall be directed to that official or his staff.

Common lot lines. Lot lines shared by adjoining parcels of land.

Common area sign. A sign used to promote activities within a planned center and/or display commercial message(s) for a tenant or tenants within the planned center.

Common walk. A right-of-way, dedicated to public use, with a paved sidewalk providing pedestrian access between dwelling units and such common use facilities as schools, parking lots, shopping centers, recreation areas and other community facilities.

Community living arrangement. Pursuant to O.C.G.A. 290-9-37, any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Addictive Diseases. A Community Living Arrangement is also referred to as a "residence".

Community-oriented cultural facility. A public or non-profit facility that provides educational and cultural experiences for the general public, examples of which include aquariums, arboretums, art galleries, botanical gardens, libraries, museums, planetariums, civic centers and theaters predominantly used for live performances, and zoos. May also include ancillary retail uses such as a gift/book shop, restaurant, etc.

Community recreation. A private recreational facility for use solely by the residents and guests of a particular residential development, including indoor facilities such as community meeting rooms and outdoor facilities such as swimming pools, tennis courts, and playgrounds. These facilities are usually proposed, planned, and provided in association with a development and are usually located within the boundaries of the development.

Comprehensive Plan. The adopted plan for the City of Fayetteville establishing development goals and future land use patterns for the community.

Commissary. An approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored.

Concealment element. As it relates to small wireless facilities and antennas, means 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 is intended to make a wireless facility or any supporting structure less visible to the casual observer.

Concept plat. A plat made preparatory to the preliminary plat to enable the Applicant to save time and expense in reaching general agreement with the Planning and Zoning Commission as to the form of the plat and the objectives of these regulations.

Conditional Use.

A use which may be permitted within a zoning district by special approval of the Mayor and City Council upon findings that, under the specific circumstances present, such use is in harmony with neighboring uses.

Condominium. A multi-family dwelling in which each resident has exclusive fee simple title and ownership in the individual dwelling unit while retaining an interest in the common facilities and areas of the building and grounds which are used by all the residents of the building or development.

Conservation easement. An agreement between a land owner and the city, another governmental 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 while continuing to leave the remainder of the fee interest in private ownership.

Consignment shop. A retail establishment primarily engaged in selling used household goods and merchandise, including but not limited to, clothing and related accessories, children’s apparel and furniture, sporting equipment, or furniture and related home furnishings, on consignment. This use does not include thrift shops or antique shops. Merchandise is not donated or sold to the establishment. Merchandise is placed for sale with the establishment by the owner of the merchandise and upon sale of the merchandise the purchase price is divided between the establishment owner and the owner of the merchandise. This use does not include the sale of guns, appliances, mattresses, or motor vehicles.

Construction. Any alteration of land for the purpose of achieving its development of changing use, including particularly any preparation for, building of, or erection of a structure.

Construction activity. Activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits, including construction projects resulting in land disturbance such as clearing and grubbing, grading, excavating, and demolition.

Construction fence. Any chain link fence erected around the perimeter of a commercial construction site which requires a land disturbance permit (LDP).

Consumer fireworks. Any small fireworks devices containing restricted amount of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles.

Consumer fireworks retail sales facility, permanent. A consumer fireworks retail sales facility, as defined by NFPA 1124, consisting of a permanent building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.

Consumer fireworks retail sales facility, temporary. A consumer fireworks retail sales facility, as defined by NFPA 1124, consisting of a temporary building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.

Continuing care facility. A residential facility which may have one or any combination of assisted living, memory care, nursing home, or skilled nursing for the elderly or for other individuals incapacitated in some manner for medical reasons, as determined and licensed and/or certified by the State of Georgia Department of Human Services regulations and licensing requirements. In addition to the above, up to 30 percent of the total square footage may be used for age-restricted independent living as regulated by the U.S. Department of Housing and Urban Department.

Convenience store. A small retail outlet which offers commonly needed food and staples, including gasoline and oil, normally through extended hours of operation.

Convenience store with fuel pumps. A facility with a floor area less than 7,500 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. A convenience store with fuel pumps can sell vehicle fuel but cannot have any type of vehicle repair or service.

Conveyance. Stormwater facilities both natural and artificial designed for the movement of stormwater through the drainage system, such as concrete pipes, ditches, depressions and swales.

Conveyor car wash. A commercial car wash where vehicles move on a conveyor belt during the wash, and where the driver of the vehicle can remain in the vehicle or wait outside of the vehicle.

Council. The Mayor and City Council of the City of Fayetteville, Georgia.

Corridor. All land within the buffer areas and other setback areas identified herein.

Cottage court for tiny homes. A series of small, single-family detached dwelling units which fall under the minimum building size for the applicable zoning district and are designed to share a common court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and is an important community-enhancing element.

CPESC. Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Crematorium. An establishment containing a furnace or device which is used to reduce human and/or animal remains to ashes by burning.

Critical Root Zone (CRZ). The total area contained within a circle that surrounds the trunk of a tree. The radius (measured from the trunk of the subject tree) of the circle shall be equal to 1. 5 feet per caliper inch of the tree. For pines, the radius of the circle shall be equal to 0.5 foot per caliper inch of the tree.

Cryptocurrency. A digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.

Cryptocurrency data center. Leased or owned boundaries of floor space devoted to the operating data processing equipment for Commercial Cryptocurrency Mining; excludes spaces for commercial offices, storage, shipping and receiving, warehousing, or any other space that is not electronic processing.

Cryptocurrency mining, commercial. The commercial process by which cryptocurrency transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of cryptocurrencies are released, through the use of server farms or data centers employing data processing equipment. Any equipment requiring a high-density load service, for a server farm or data center, will constitute a commercial cryptocurrency mining operation.

Cryptocurrency mining, residential. The use of a single and/or multiple computers on a residentially-zoned tract of land from which private citizens mine cryptocurrency for personal rather than commercial use, and which does not require a building permit, an electrical permit and/or other permits pursuant to adopted Building Codes in order to operate.

Cryptocurrency server farm. Three or more interconnected computers housed together in a single facility whose primary function is to perform cryptocurrency mining or associated data processing.

Cul-de-sac. A public or private street having one end open to traffic and being permanently terminated within the plat by a vehicular turnaround.

Curb cut. An approved ingress and/or egress between property and an abutting public or private street.

Customary home occupation. An occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products or services produced on the premises, conducted entirely within the dwelling by members of the immediate family residing in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products and no outdoor advertising.

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. May also be referred to as excavation.

D Data center. An establishment primarily engaged in providing infrastructure for hosting and data processing services that businesses and other organizations use to organize, process, store, and disseminate large amounts of data.

Day care facility. Any building used routinely for the daytime care or education of five or more preschool age children, including all accessory and play areas. May be referred to as a “nursery school.”

Deciduous tree. Any tree which drops its leaves at the end of the growing season.

Deforestation. The cutting and/or removal of 40 percent or more of trees eight inches DBH and larger on a development site.

Demising wall. The wall separating adjoining tenant spaces in a multi-tenant retail, office or industrial building.

Density. The number of dwelling units per acre of land used for residential purposes. Unless otherwise stated, density figures are to be in terms of net acres, or the land devoted to residential use exclusive of streets or other public lands.

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

Department store. A retail store in excess of 45,000 square feet in size which is organized into a number of smaller departments selling a variety of merchandise which may include a selection of clothing and apparel, furniture, appliances and home furnishings.

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 EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

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

Detention facility. A structure designed for the storage and gradual release of stormwater runoff at controlled rates.

Developable area. That area of an overall project site that can be developed with buildings, parking lots, driveways, service courts or other impervious surfaces. The developable area does not include those areas designated as tree save and/or landscape buffers, undisturbed buffers, no impervious buffers, delineated wetland or floodplain areas, stream buffers, designated open space, watershed protection buffers or other areas of a project site that cannot be developed Developer. Any person who acts in his own behalf or as the agent of any owner of property and engages in alteration of land or vegetation in preparation for construction activity.

Development. Any action in preparation for construction activities which results in alteration of either land or vegetation other than such minor land disturbing activities as home gardens and individual home landscaping repairs or maintenance work which result in minor soil erosion.

Development activity. Any alteration of the natural environment which requires the approval of a development plan or site plan and the issuance of a land disturbance permit. Specifically, a man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.

Development permit. A permit issued by the city that authorizes development activity and includes, but is not limited to, a clearing permit, grading permit, land disturbance permit or building permit.

Diameter-at-breast-height (DBH).

A standard of measure of existing tree size and is the trunk diameter measured in inches at a height of 4. 5 feet above the ground. If a tree splits into multiple trunks below 4. 5 feet, then each trunk is measured and added together to determine DBH. A tree which splits into multiple trunks above 4. 5 feet is measured as a single tree at 4. 5 feet. The diameter is determined by measuring around the trunk (circumference) at four and one-half feet above the ground and dividing this number by 3.14.

Directional sign. A sign used to give direction or specific instruction to the public, such as, but not limited to, “enter,” “exit,” “no parking,” “drive through,” “rest room,” etc. Such signs shall contain only instructional information, and shall not contain any logos, trademarks, or other commercial message.

Director. The director of the environmental protection division or an authorized representative.

Directory sign. A sign used to identify the location of structures or a single structure.

Discharge. The release of treated or untreated stormwater runoff or other material to the City of Fayetteville Drainage System.

Distillery. A manufacturer of distilled spirits for wholesale sales. A distillery may conduct promotional tours and offer free samples of distilled spirits in accordance with the official code of Georgia, and offer retail sales in accordance with O.C.G.A. § 3-4-24.2 (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

District. The Towaliga Soil and Water Conservation District.

District or zoning district. A section or sections of the incorporated area of the city for which the then effective zoning ordinance governing the use of buildings and land is uniform for each class of use permitted therein.

Domestic animal. Any animal/fowl domesticated by humans so as to live and breed in a tame condition for the advantage of humans. Pen-raised skunks are categorized as those skunks acceptable by the state and may be kept in the state as pets.

Double-faced sign. A sign which has two display areas, where one sign face is designed to be seen from one direction and the other sign face from another direction, and where the two display areas are separated by no more than36 inches as measured from the centerline of each support post.

Disturbed area. The overall limits of site activity, outside of any undisturbed buffer area. Any area that will be graded, is classified as disturbed area.

Dooryard. The area within the street-space between the façade of the building and the clear walkway area of the sidewalk.

Dormitory. A building in which lodging or boarding and lodging are provided for more than five people not of the same family unit, for compensation and not necessarily open to the public.

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

Drainage basin. The area of ground or impervious surface that drains to a specified body of water.

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 plan. A plan prepared using appropriate and commonly accepted engineering standards which specifies the means for alteration or development of a drainage system.

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

Drainage system. The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, and ponds, whether of an intermittent or continuous nature, and the manmade element which includes culverts, ditches, channels, retention facilities and the storm sewer system.

Dripline. A line on the ground established by a vertical plane extending from a tree’s outermost branch tips down to the ground.

Drive-in or drive-through facilities. A place or premises used for the sale, dispensing, or service of food, refreshments, or beverages to customers in automobiles, including those establishments where customers may eat or drink on the premises.

Driveway. A vehicular access corridor privately owned and maintained. Residential driveways shall not serve more than two single-family residential lots. That portion of a driveway which is constructed on the city right-of-way must be constructed to city standards.

Duplex. A residential structure designed for two-family occupancy and consisting of two side-by-side residential units with each family in a separate dwelling unit.

Dust-free parking. An area with a constructed surface of asphalt or cement designed to support automobiles and trucks in a manner by which the surface material will not be carried away by wind, storm water, or normal use.

Dwelling. A structure or building or a portion of any structure or building designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses and like uses, but not including temporary housing, mobile homes or industrialized buildings.

Dwelling, duplex. See Dwelling, two-family.

Dwelling, multi-family. A building either designed, constructed, altered, or used for two or more adjoining dwelling units, each having either a party wall and/or a party floor/ceiling connecting it to other dwelling units in the building.

Dwelling, single-family. A detached building designed and constructed to include not more than one unit for residential use, which meets or exceeds the following minimum standards:

Dwelling, townhome. A building designed with multiple dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

Dwelling, two-family. A building, either designed, constructed, altered or used for adjoining dwelling units with each dwelling unit sharing a common party wall. May be referred to as a duplex.

Dwelling unit. One or more rooms including kitchen facilities designed for the occupancy, cooking and sleeping of one or more persons, but not including care homes, convalescent homes, boarding houses, orphanages or dormitories.

Dwelling, upper story. A residential dwelling located above a non-residential use within a mixed-use building.

E Easement. A grant by the property owner for the use by the public, a corporation, or persons of a strip of land for specific purposes. An acquired legal right for the specific use of land owned by others.

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.

Engineering plans. Detailed design drawings and associated technical data for the development of a tract of land and showing completely and accurately the horizontal and vertical details of utilities, roads, storm drainage, and other physical improvements which will support the development.

Entrance sign. Any monument sign placed at the intersection of a public street and a private entryway into an apartment complex, or condominium complex.

Environmental impact study. A report describing the environmental conditions and aspects of the air, surface and subsurface waters, soil, topography, local flora and fauna and their natural habitats, and all local micro and macro ecosystems.

Erect. To build, construct, attach, paint, hang, place, replace, suspend, or affix or fabricate a sign, which shall also include painting of wall sign or other graphics.

Erected. Built, constructed, attached, hung, placed, suspended, affixed, reconstructed, moved upon or any physical operations on the premises required in building. Excavation, fill, drainage, and the like shall be considered a part of erection, as well as the painting of wall or window signs.

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

Erosion, Sedimentation and Pollution Control Plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the State General Permit, best management practices, and requirements identified herein.

Essential public services and utilities. The erection, construction, alteration, or maintenance by a public utility, or municipal department, of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water, transmission, distribution collection, supply, or disposal systems. This includes related poles, wires, pipes, conduit, cables, public safety alarm and communication equipment, traffic signals, hydrants and similar accessories that are necessary to furnish adequate service, addressing general public health, safety, convenience, or welfare. These do not include wireless telecommunication towers (unless located on public property and used as part of a municipal emergency communications network); wind energy turbines; offices, utility buildings, substations, or structures that are enclosures or shelters for service equipment; or maintenance depots.

Evergreen. Any tree, shrub or groundcover which retains its green foliage throughout the year.

Existing construction. Any structure for which the “start of construction” commenced before September 12, 1988 [i.e., the effective date of the FIRST floodplain management code or ordinance adopted by the city as a basis for the city’s participation in the National Flood Insurance Program (NFIP)].

Existing grade. The vertical location of the existing ground surface prior to cutting or filling.

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 September 12, 1988 (i.e., the effective date of the FIRST floodplain management regulations adopted by the city).

Exotic animal. Any animal of any kind which is not indigenous to the state, but not included in the definition of a domestic animal, but shall include any hybrid animal which is part exotic animal.

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.

Exposed neon. Neon tubing left uncovered or exposed to view on exterior of structure or a building.

Extended detention. The storage of stormwater runoff for an extended period of time.

Externally-illuminated sign. Any sign that is partially or completely illuminated at any time by an artificial light source that directly or indirectly illuminates the face of the sign from outside the sign structure.

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 (building face). The elevation facing the primary street-space or required building line. Exterior building walls facing private interior courts, common lot lines, alleys, and common drives are not façades; they are elevations.

Façade composition. The arrangement and proportion of materials and building elements (windows, doors, columns, pilasters, bays) on the principal façade.

Family. A person, or group of persons, immediately related by blood, marriage, or adoption, living and cooking together as a single housekeeping unit, exclusive of household servants; also, a group of not more than three persons, or a group of not more than eight disabled persons not necessarily related by blood, marriage, or adoption, living and cooking together as a single housekeeping unit.

Family day care home. A private residence certified by the Georgia Department of Human Resources and operated by any person paid to supervise and care for 3 but not more than 6 children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. This service may be provided for a duration of less than 24 hours per day and does not include and is not limited to residents of the dwelling Farm and pasture land. Any land that has historically been used for agricultural purposes, other than silviculture, for more than ten years.

Farmers market. The seasonal selling or offering for sale at retail of home-grown vegetables or other produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or other produce and also including the incidental sale of agriculturally-related products.

Feather flag. A temporary sign oriented in a vertical direction and supported by a harpoon-style pole or staff driven into the ground as its primary means of support.

FEMA. The Federal Emergency Management Agency.

Fence. An artificially constructed barrier, typically constructed of posts, wire and/or wood, erected to enclose, screen, or separate areas.

Fenestration. Openings in the building wall, including windows and doors, allowing light and views between the block and/or building interior (private realm) and exterior (public realm).

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

Filling. The placement of any soil or other solid material, either organic or inorganic, on a natural ground surface or excavation.

Final plat. A surveyed and detailed drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Final stabilization. The time at which all soil disturbing activities at the site have been completed and 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 landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and 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.

Fitness club. An establishment which provides, as one of its primary purposes services or facilities to assist persons in improving their physical condition or appearance, or change in weight, weight control, treatment, athletic development, dieting or exercise. The term also includes establishments referred to as “reducing salons,” “health spas,” “spas,” “exercise gyms,” “health studio,” “health club” or other similar establishments.

Flag. A sign consisting of any fabric containing distinctive colors, patterns, logos or symbols, used as a symbol of a government or any other entity or organization.

Flashing sign. A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits marked changes in lighting effects, or displays visible movement achieved by electrical, electronic or mechanical means, or displays an optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy, or with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary intensity or color. Illuminated signs shall not be considered as flashing signs.

Flea market. Any licensed business whereby there is operated a center for shopping among collected flea market vendors selling merchandise to the public from marketing booths, stalls, tables, and similar displays in marketing configurations and arrangements for the sale of new and used merchandise. Flea markets shall not include antique stores, art galleries, jewelry stores, coin shops, consignment stores, farmers’ markets, city-sponsored events, or other businesses where the vendor therein is not operating centers for sales from stalls, booths, tables, and other similar displays or where the vendor therein is not operating among a collection of vendors or renting or securing individual space within an overall operation.

Flea market promoter. Any person operating, maintaining and promoting flea markets.

Flea market vendor. Any person operating among collections of other flea market vendors for retail sales to the public of new and used merchandise in collected marketing among a collection of similar vendors. All businesses in the city which meet the definition of flea market above shall be subject to the provisions and regulations of these businesses as hereinafter set forth.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; or, a volume of surface water that exceeds the banks or walls of a BMP or channel and that overflows onto adjacent lands.

Flood Hazard Boundary Map (FHBM). An official map of the city, 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 (FIRM). An official map of the city, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the city.

Flood Insurance Study (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 which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan.

Flood-proofing. Any combination of structural and non-structural 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 one foot.

Floor area, gross. The sum of all gross horizontal areas of the several floors of a building or buildings, measured from the outside dimensions of the structure or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.

Floor area, gross leasable. The area within a shopping center, commercial or industrial condominium that is available for lease by tenants, not including common elements such as, but not limited to, hallways and public areas.

Floor area, livable. The gross horizontal area of a dwelling unit (as measured by exterior walls) of each floor of a residential structure, exclusive of garage, carport, unfinished basement, unfinished attic and unenclosed porches.

Floor area, usable. That area to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers, measured from the interior faces of the exterior walls. Areas used principally for the storage or processing of merchandise, for hallways, stairways and elevator shafts, or for utilities and sanitary facilities shall be excluded from this computation.

Food processing facility. A commercial or industrial facility at which edible materials are washed, prepared, packed, cooked, converted or otherwise prepared so as to be fit for human consumption.

Front porch. A ground floor platform attached to the façade or required building line side of the main building.

Front yard fence. A low wooden or wrought iron fence or masonry wall located along and surrounding the front yard (generally behind and parallel to the dooryard/clear walkway line) of private lots and also along common lot lines forward of the required building line.

Frontage. The length of the front lot line.

Frontage, building. Total linear feet of enclosed building length, as measured from demising wall to demising wall, along the building facade that fronts the principal dedicated street, or the facade that contains the main entrance to the building.

Frontage or street frontage. The width in linear feet of a lot where it abuts the right-of-way of any street from which access may be directly gained.

Fronts or fronting on a street. A business “fronts” on a street when the lot line on the property on which the business is located also forms the line marking the edge of a publicly dedicated right-of-way.

Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities Future-conditions flood. The flood having a one percent 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 the city’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.

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

Garage, public. Any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other motor vehicles.

Garage, repair. A public garage intended to be used to make major commercial automobile or other motor vehicle repairs; provided that all body work and painting shall be conducted within fully enclosed buildings, and further provided that there is no open storage of junk, wrecked vehicles, dismantled parts, or supplies visible beyond the premises.

Garage entry. An opening (with curb cut) in the building façade and/or street wall where vehicles may enter into a parking structure in the block interior for general parking and business servicing.

Garage sale. All general sales, open to the public, conducted from or on noncommercial property, for the purpose of disposing of personal property, including, but not limited to, all sales entitled “estate”, “garage”, “lawn”, “yard”, “attic”, “porch”, “backyard”, “patio”, “flea market”, or “rummage” sale.

Garden wall. A masonry wall defining a property line or delineating a private area, and which may serve as a front yard fence.

Gasoline service station. Buildings and premises wherein a primary use is the supply and dispensation of retail gasoline, diesel fuel, oil, grease, batteries, tires and motor vehicle accessories, and where minor repair services may be provided.

General frontage building. Building form and functions resulting from/ as determined by the general building form standard as indicated on the regulating plan.

Georgia Stormwater Management Manual. The stormwater design manual developed and distributed by the Atlanta Regional Commission (ARC).

Governmental facility. Buildings, structures and facilities that may include administrative offices, public works services, cemeteries, recreational centers and storage areas for public equipment and materials for local, county, state and federal public adjacencies.

Grade, average. The natural elevation of the ground surface, prior to construction next to the proposed walls of a structure.

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

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

Grade, natural. The elevation of the ground level in its natural state before construction, filling or excavation.

May be referred to as Ground Elevation or Natural Ground Surface.

Grading. The act of altering the shape of ground surfaces to a predetermined condition and includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Green or square. A public open space designated on the regulating plan. The term square is generally used to describe spaces that have more paved surface area. The term civic green is generally used to describe a formally configured small public lawn or park that is primarily unpaved.

Greenhouse. A detached subordinate building or enclosure covered with glass, plastic or transparent material, the use of which is clearly incidental to that of the main building or to the land used for the cultivation, protection, culture or storage of trees, seedlings, shrubs and tender or tropical plants.

Greenspace. Also known as open space, is permanently protected areas of the site that are preserved in a natural state.

Greenway. A landscaped or planted strip along the lot frontage of prescribed dimension as measured from the front lot line, and that serves as an obscuring screen or visual enhancement between a land use and a public or private right-of-way.

Grocery store. A retail store of at least 12,000 square feet in size that primarily sells food and beverages for offsite consumption and includes the sale of fresh meat and produce.

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

Ground floor. The first habitable level of a building at or above grade. The next story above the ground floor is the second floor or story.

Ground sign. A permanently affixed sign, which is wholly independent of a building for support.

Groundcover. Natural plant material such as vines, shrubs, or grasses which would not normally attain a height of more than two feet.

Groundwater recharge area. An area of the earth’s surface where water infiltrates the ground, thereby replenishing the groundwater supplies within an aquifer. May be referred to as the Aquifer Recharge Area.

Group home. A residential dwelling unit containing up to six unrelated persons who are mentally or physically impaired who are protected under the Fair Housing Act, along with support or supervisory personnel or family members who may reside at the facility. The term mental or physical impairment includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness.

Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders, are not considered mental or physically impaired under the Fair Housing Act. The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability.

GSMM. The latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices.

Guest house. Living quarters situated within an attached or detached accessory building located on the same premises as the principal building; such quarters shall be used only by bona fide nonpaying guests or relatives of the owners or occupants of the principal building and shall not be rented or otherwise occupied as a separate dwelling. In certain zoning districts, a guest house may be permitted as the principal building on a zoning lot, but on the same conditions as stated above.

Gym, health spa, yoga studio. An establishment which for profit or gain provides as one of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.

H Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding: bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics.

Hanging sign. See suspended sign.

Hazardous material. A flammable, highly corrosive, acidic or toxic material as identified in the Official Code of Georgia (O.C.G.A. § 12-14-1) in the “Oil and Hazardous Materials Spill Reporting” requirements.

Hazardous substance. A substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury. Such substance is regulated by the federal government under the Resource Conservation and Recovery Act.

Height of a ground sign or monument sign. The vertical distance from the base of the sign at normal grade to the top of the highest component of the sign. Normal grade shall be the predominant grade after construction, exclusive of any filling, berming, mounding or excavating for the purpose of locating or elevating the sign. Base shall be where the sign support meets, or should meet, the normal grade. Signs with a height of greater than six feet are prohibited, except that the structure of the monument may extend to seven feet above normal grade.

High-density load service. The provision of electrical service where the requested load density has, for any monthly billing period, either an average power demand in excess of 300 kilowatts, or an average power density in excess of 250 kilowatt-hours per year per data center square foot, equivalent to 35.064 square feet per kilowatt, at 100% load factor.

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

Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Home occupation. A business carried on by an occupant of a dwelling as a secondary use which is clearly incidental to the use of the dwelling for residential purposes. For purposes of this ordinance, occasional activities at a dwelling like garage sales, Tupperware parties and bazaars are not considered to be home occupations.

Homeowner’s association. A community association, other than a condominium association, that is organized in a development in which individual owners share common interest and responsibilities for cost and upkeep of common area and facilities.

Hookah/vapor bar or lounge. An establishment that is open to the public where hookah, shisha, or vapor products are sold for consumption on and off the premises, and space and seating are provided for patrons to sit and smoke hookah, shisha, or vapor products.

Hospice. A health-care facility for the terminally ill that emphasizes pain control and emotional support for the patient and family, typically refraining from taking extraordinary measures to prolong life.

Hospital. Any institution receiving inpatients, providing a staffed 24-hour emergency care facility and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term shall also include a sanitarium with an approved certificate of need (CON) from the state health planning agency for the treatment and care of various forms of mental illness, but shall not include clinics, convalescent homes or rest homes or office facilities for the private practice of medicine, dentistry or psychiatry.

Hotel. A building under single management that provides rooms or suites intended primarily as sleeping accommodations for public rental on a daily basis for registered guests. A hotel includes a central interior lobby and provides daily room cleaning and linen changes. Other supportive facilities may also include, but not be limited to, meeting rooms, incidental retail sales, restaurants, lounges, swimming pools, recreational and fitness facilities and similar facilities/ services intended principally to serve registered guests.

Hotspot. A land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the Industrial Stormwater General Permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.

Household. One or more persons, including servants, who share the same dwelling and use some or all of its cooking and eating facilities.

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 Illegal connection. Either of the following:

Illicit discharge. Any direct or indirect non-stormwater discharge into the City of Fayetteville Drainage System that is not composed entirely of stormwater runoff except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the City of Fayetteville Drainage System).

Illuminated, externally. Illumination so arranged that the light source is external to the sign and directed toward the sign. Also known as “indirect lighting.”

Illuminated, internally. Illumination so arranged that the light is contained behind the face of the sign and no lighting source is directly visible exterior to the sign. Also known as “direct lighting.”

Impervious surface. Surfaces that more readily promote horizontal conveyance of stormwater runoff instead of allowing vertical infiltration. Impervious surfaces are defined as paved parking surfaces, concrete areas, rooftops, cement soil areas, compacted graded base material areas, and any other areas that readily promote horizontal flow of stormwater runoff rather than vertical infiltration. Pervious pavers, meeting the requirements of the Georgia Stormwater Management Manual section 3.3.8 for Modular Porous Paver Systems, will be given credit from impervious surface calculations. Pervious paver systems shall be considered 50 percent pervious and 50 percent impervious for purposes of the calculations. Pervious pavers shall be allowed for use on 25 percent of the parking spaces in a parking lot. Pervious pavers are not allowed for use as driveways, or where traffic volumes are high or where heavy duty pavement is needed.

In-bay automatic car wash. A commercial car wash where the driver pulls into the bay and parks the car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of the vehicle moving through the tunnel.

Independent living. A building or buildings containing individual dwelling units designed for and restricted to occupancy by persons of a specified age who are retired or are nearing retirement and wish to live within multi-family rental properties with central dining facilities that provide residents, as part of their monthly fee, access to meals and other services such as housekeeping, linen service, transportation, and social and recreational activities. Independent living facilities do not provide, in a majority of the units, assistance with activities of daily living such as supervision of medication, bathing, dressing, and toileting. There are no licensed skilled nursing beds on the property. Such housing does not include a nursing or convalescent home.

Indoor commercial recreation center. A building or place of business equipped with various machines, devices, facilities and electronic devices, but not including gambling devices, where, for a fee, persons may engage in various games and diversions.

Industrial activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122. 26 (b)(14).

Industrial Stormwater General Permit. The National Pollutant Discharge Elimination System (NPDES) permit issued by the Georgia Environmental Protection Division to an industry for stormwater discharges associated with the industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies based on the Standard Industrial Classification (SIC)

Code.

Industrialized building. Any structure or component thereof which is or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site upon a permanent foundation and has been manufactured in compliance and conformity with the Industrialized Building Act of the State of Georgia.

Infected or infested tree or vegetation. Any tree or plant that, due to evidence or existence of disease, pests, or other infectious elements may, in the opinion of the city landscape architect, would be a detriment to other vegetation, roads, right-of-way, easements or structures.

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

Infrastructure. Facilities and services needed to sustain industry, residential, commercial, and all other land use activities and shall include water, sewer, natural gas, electric power, streets and roads, communication, and other public facilities.

Inoperable vehicle. A motor vehicle which is unlicensed, uninsured and/or incapable of being operated under its own power.

Inspection and Maintenance Agreement. A written agreement providing for the long-term inspection, operation and maintenance of stormwater management system and is components on a site.

Institutional residential. An umbrella term that encompasses the following uses as defined below: assisted living facility, independent living, intermediate care home, nursing home, personal care home and skilled nursing care facility.

Instructional sign. A sign used to give direction or specific instruction to motorist or pedestrians upon or near roads, streets, parking, sidewalks, within public areas (privately or government owned) in which the public is generally invited to enter or transverse. Such sign shall contain only instructional information related to vehicular and pedestrian traffic control. The size, shape, color, height, location and lettering of traffic instructional and control signs shall be substantially similar to that used by the Georgia Department of Transportation and the City of Fayetteville.

Intermediate care home. A facility which is approved for individuals who require the type of active treatment typically provided by a facility whose primary purpose is to furnish health and rehabilitative services to persons with mental retardation or related conditions.

Intermediate regional flood (IRF). A 100-year frequency flood, as defined on the flood hazard map, which has a probability of occurring once every 100 years or having a one percent chance of occurring each year.

Internally-illuminated sign. Any sign that is illuminated by an artificial light source from within the sign structure over any or all of its sign face Island. A raised planting area, curbed, placed in parking areas to guide traffic, separate lanes, preserve existing vegetation, and increase aesthetic quality.

Issuing authority. The City of Fayetteville, which has been certified by the director of environmental protection division of the department of natural resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended.

J Junk. Includes, but is not limited to, inoperable vehicles; solid waste; any motor vehicles, machinery, appliances, products, or merchandise with parts missing; or scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition which precludes their use for the purpose for which they were manufactured.

Junkyard. Property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged materials and equipment; or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Jurisdictional wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

K Kennel. A commercial facility for the boarding, breeding, and/or maintaining of animals for a fee that are not owned by the operator. This use includes pet day care facilities, animal training facilities, and may include grooming as an accessory use. This use includes the breeding of animals in outdoor structures, cages or pens for sale, but does not include animals for sale in pet shops.

Kindergarten. A state-approved institution for the education of preschool-aged children.

Kiosk. A freestanding sign structure, usually 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.

Kitchen. Any room containing any or all of the following equipment, or any other room within three feet of such equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shells for storage of food, equipment and cooking utensils, and counter or table for food preparation.

Kitchenette. A small kitchen or an alcove containing cooking facilities.

L Land development. Any change to the configuration of the natural topography of a tract of land, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover.

Land development activities. Those actions or activities which comprise, facilitate or result in land development.

Land development application. The application for a land development permit on a form as provided by the city along with the supporting documentation required in this UDO.

Land development permit. The authorization necessary to begin construction-related land disturbing activity.

Land disturbing activity. Any activity which 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, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices. Land disturbing activity does not include agricultural practices as described O.C.G.A. 12-7-17(5) or silvicultural land management activities as described O.C.G.A. 12-7-17(6) within areas zoned for these activities.

Land Disturbance Permit (LDP). A permit issued to authorize clearing, dredging, grading, excavating, transporting and filling of land.

Land subdivision. All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of legacy or building development; including all division of land involving a new street to which the public has access or a change in an existing street, and including resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:

Landscape plan. A written plan with drawings by the applicant or his agent with details of tree locations, tree removals, and tree replanting, with each tree designated as to species or common name on each parcel to be developed.

Landscaping. Any additions to the natural features of a plot of ground to restore construction disturbance and to make it more environmentally compatible, such as adding trees and shrubs, groundcover, lawn areas, etc., to the natural environment. Landscaping requirements shall not interfere with fire and life safety standards according to the development standards and other adopted ordinances and requirements, subject to public safety review.

Landscape wall sign. A permanent sign attached to a freestanding wall that does not form a part of the structure of the building for which the sign is erected.

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.

Light servicing. The minor repair of motor vehicles which includes, but may not be limited to, repairing and changing tires; lubricating vehicles; cleaning, adjusting, and replacing spark plugs; changing oil, transmission fluid and filters; replacing, adjusting, repairing, or servicing hoses and air filters; changing, flushing or otherwise servicing the coolant system; changing or adjusting the battery, battery ground cable, battery hold-down strap, battery positive cable or battery-to-starter relay cable; changing or adjusting the fan belt, power steering pump belt or alternator drive belt; changing fuses, headlamp switches, horns, ignition coil output wire, light bulbs and headlamps; installing, replacing or repairing ornamental accessories; filling windshield washer tank and other fluids; changing or adjusting windshield wipers and wiper blades; and any other minor service which may be performed in less than three hours.

Linear feasibility program. A feasibility program developed by the city and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land implementation of stormwater management standards for linear transportation projects being constructed by the city is infeasible.

Linear transportation projects. Construction projects on traveled ways including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

Live retention. That quantity of water capable of being effectively contained by a designated facility for stormwater storage for a specified period of time.

Living room. A common sitting room or meeting room that will accommodate group gatherings and that is appropriate for group activities; provided, however, that a living room does not include bathrooms, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet of floor space, foyers or communicating corridors, stairways, closets, storage space, and hobby and recreation areas in unheated or uninsulated parts of structures below ground or in attics. May be referred to as a den, family room or great room.

Loading space. An off-street area of land providing space for the loading and unloading of delivery trucks and other commercial vehicles, for the delivery of goods, commodities and merchandise to stores and other commercial uses, and for the picking up and hauling away of objects, materials, discarded items and the like from land uses and locations.

Local government. Any county or municipality which exercises zoning power within its territorial boundaries Local Issuing Authority (LIA). The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8.

Lot. A developed or undeveloped parcel or tract of land in one ownership, legally transferable as a single unit of land. Also means a parcel or a portion of a subdivision, or any other parcel of land identified by a tract number, lot number, or symbol on an approved subdivision plat properly recorded, and which is or may in the future be offered for sale, conveyance, transfer or improvement. In determining the area and dimensions of a lot, no part of the right-of-way of a road or common walk may be included.

Lot area. The total horizontal area within the lot lines of a lot, excluding any street right-of-way or easement dedicated for street purposes.

Lot building limit. A line delineating the outer edge of the buildable area, generally to the rear of a lot away from the required building line. A lot building limit (lbl) may be used, for example, to establish an edge toward a conservation area, or within a workplace area to establish a common mid-block working courtyard.

Where designated on the regulating plan, it supersedes the building form standard minimum setback.

Lot coverage. The portion of a lot, stated as a percentage of the total lot area, covered by impervious surfaces, including all buildings and paved surfaces such as driveways, patios and walkways. The total lot coverage calculation shall also include one-half of the area of permeable surfaces on the lot.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured generally perpendicular to the front lot line.

Lot width. The horizontal distance between the sidelines of a lot measured at the front building line.

Lot, corner. A lot located at the intersection of two or more streets.

Lot, interior. A platted lot, the side lines of which do not abut on a street.

Lot, multiple frontage. Property having boundary lines adjacent to more than one public street, right-of-way or private street shall be deemed multiple frontage property.

Lot, through. An interior lot having frontage on two (2) public or private streets that are approximately parallel.

Lot line, front. That lot line separating the lot from the street right-of-way or street easement. Corner and through lots have two front lot lines. In the case of a corner lot, the property owner may treat one of the lot lines opposite either of the front lot lines as a rear lot line.

Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or gore -shaped lot where the two side lot lines converge in the rear, the rear lot line shall be considered to be an imaginary line ten feet long within the lot, parallel to and at the maximum distance from the front lot line. A through lot has no rear lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. A parcel of land separately described on a plat, condominium document or metes and bounds description and recorded in the office of the Fayette County Register of Deeds, which was in existence on the effective date of this ordinance.

Lot width. The horizontal distance between the side lot lines of a lot measured at the two points where the front setback line intersects the side lot lines.

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 complies with the UDO.

M Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Maintenance of retention facility. Preserving the enclosing walls or impounding embankment of the retention facility in good condition; ensuring structural soundness, functional adequacy and freedom from sediment;

and rectifying any unforeseen erosion problems.

Major repairs. Repairs, improvements or additions to a motor vehicle which include, but are specifically not limited to, replacing or rebuilding of engines, transmissions, or differentials; repair of bodies, fenders or frames of motor vehicles and trailers; painting of motor vehicles and trailers; dismantling or storage of wrecked or junked vehicles or trailers; muffler and exhaust repair and replacement; other major work customarily undertaken by motor vehicle repair shops; or repairs which are not performed in less than three hours.

Maker space. A collaborative work space inside a school, library or separate public/private facility for making, learning, exploring and sharing that uses high tech to no tech tools. A place where people can come together to create or invent things, either using traditional crafts or technology.

Manufactured or mobile home. A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Such buildings shall be constructed in accordance with the Federal Manufactured Home Construction and Safety Standard, which came into effect June 15, 1976, and shall bear an insignia issued by the U. S. Department of Housing and Urban Development (HUD).

Manufactured or mobile home community. A single parcel of land that contains two (2) or more manufactured homes for use as dwelling units where home sites are leased to individuals who retain customary leasehold rights.

Manufacturing, processing and packaging – heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include the following: chemical product manufacturing; concrete, gypsum, and plaster product manufacturing; glass product manufacturing; paving and roofing materials manufacturing; petroleum refining and related industries; plastics, other synthetics, and rubber product manufacturing; primary metal industries; pulp and pulp product manufacturing; textile and leather product manufacturing; food products manufacturing.

Manufacturing, processing and packaging – light. A facility accommodating manufacturing processes involving less intense levels of fabrication and/or production such as the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. The premises may include secondary retail or wholesale sales. Examples of light manufacturing uses include: artisan/ craft product manufacturing; clothing and fabric product manufacturing;

furniture and fixtures manufacturing, cabinet shop, media production, photo/ film processing lab not accessory to a retail business, printing & publishing, food preparation and packaging, winery, brewery.

Marquee. Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.

Mass retailer. Retail stores, generally in excess of 75,000 square feet, which either offer discount, general merchandise or offer a wide selection of goods in specific narrow categories. Because of the variety of goods, and the discounted prices, such stores draw on a much larger customer base than similar size local retail merchandise and grocery stores. A mass retailer typically maintains long store hours, sometimes 24 hours, seven days a week.

Massing. The overall visual impact of a structure’s volume; a combination of height, width, and depth and the relationship of the heights, widths, and depths of the building’s components.

Maximum Extent Practicable (MEP). The discharge standards and controls necessary for the reduction of pollutants discharged into the city separate stormwater system. These standards and controls may consist of a combination of best management practices, control techniques, system design and engineering methods, and such other provisions for the reduction of pollutants discharged from the city separate stormwater system.

Mean Sea Level. The average height of the sea for all stages of the tide, which is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter the term is synonymous with National Geodetic Vertical Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.

Medical model. A comprehensive program that provides adults with the basic social, rehabilitative, health and personal care services needed to sustain the essential activities of daily living and to restore or maintain optimal capacity for self-care. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.

Memory care services. The additional watchful oversight systems and devices that are required for residents who have cognitive deficits which may impact memory, language, thinking, reasoning, or impulse control, and which place the residents at risk of eloping, i.e. engaging in unsafe wandering activities outside the assisted living community.

Memory care facility. The assisted living facility or specialized unit, thereof, that either holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's Disease or other dementia who may be at risk of engaging in unsafe wandering activities outside the unit or assisted living community (eloping) or charges rates in excess of those charged other residents because of cognitive deficits which may place the residents at risk of eloping.

Menu change. A modification of a food establishment’s menu that requires a change in the food establishment’s food preparation equipment or storage requirements previously approved by the Fayette County Health Department. The term “menu change” shall include, but is not limited to, the addition of potentially hazardous food to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.

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

Mezzanine. An intermediate level between the ground story and the second story, which may be in the form of a platform, podium, or wide balcony.

Microbrewery. A manufacturer of malt beverages for wholesale sales only, and producing less than 15,000 barrels annually. Microbreweries may conduct promotional tours and offer free samples of malt beverages in accordance with the Official Code of Georgia, and offer retail sales in accordance with O.C.G.A. § 3-5-24.1 (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Micro-wireless facility. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A. § 36-66C-2(20).

Mini-warehouse/ self-storage. A building or group of buildings in a controlled access and/or fenced compound that contains varying sizes of individualized, compartmentalized and controlled access rooms, stalls or lockers for the storage of customer’s goods or wares.

Mixed-use residential. The use of property that includes a combination of residential dwelling unit types, including single-family attached or detached dwellings, two-family dwellings and/or multifamily dwellings.

Mobile food truck. A retail food establishment that reports to and operates from a commissary and is readily movable. Said mobile food truck shall be a motorized wheeled vehicle which includes a self-contained kitchen where food is prepared or stored and from which food products are sold or dispensed.

Mobile food truck vendor (“vendor”). The registered owner of a mobile food truck or the owner’s agent or employee.

Mobile food truck vendor permit (“vendor permit”). A document indicating the owner of an established mobile food truck has met the requirements of this ordinance and is licensed to operate within the City of Fayetteville.

Mobile sign. Any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a towed vehicle.

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 and which does not comply with the Georgia Industrial Building Act, as the same may be amended from time to time.

Monument sign. A permanent freestanding sign which forms a solid structure from the ground to the top of the sign, and the width of which is constant from the ground to the top of the sign.

Motel. A building or group of buildings where lodging is provided for more than ten persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through private entrances.

Ms4 Permit. The NPDES permit issued by Georgia Environmental Protection Division for discharges from the city’s municipal separate storm sewer system.

Mulch. Pine straw, pine or cypress bark, pebbles, lava rock or synthetic landscaping materials.

Municipal Separate Storm Sewer System (MS4). Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:

Multiple frontage lots. Those lots that have frontage on two or more public streets.

N Narcotic treatment center. A residential dwelling which is approved for therapeutic services to drug or alcohol dependent persons, who are transitioning to the community or to other treatment modalities, and who, typically, lack a stable living situation and require variable levels of therapeutic services.

Narcotic treatment program. Any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration National Geodetic Vertical Datum (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by the Georgia 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 species. Any tree species that originated in a particular place or region. For the purposes of this article, a tree species is considered to be native to the Fayetteville region if it is listed in Native Trees of Georgia, Georgia Forestry Commission, 1996 (as amended), and is considered indigenous to Plant Hardiness Zone II (the Piedmont Region) as shown in Landscape Plant Materials for Georgia, Bulletin 625, University Cooperative Extension Service, 1988 (as amended).

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

Natural vegetation. Natural vegetation shall connote a generally undisturbed, maintenance-free, self-perpetuating stand of vegetation comprised of indigenous shrubs, flowers, wild grasses, and trees.

Natural vegetation areas. The areas within the boundaries of a given lot which is devoted to the preservation of existing vegetation.

Neon. A lamp or tube filled with electrically charged gas thereby creating a light source.

Neon accents. Neon lighting around windows (inside or outside the window), building facades, rooflines, doors, signs, and other building structures, building projections or designs upon buildings.

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 for which the “start of construction” commenced after September 12, 1988, and includes any subsequent improvements to the structure.

New development. Land disturbing activities, structural development (construction, installation or expansion of a building or other structure) and/or creation of impervious surfaces 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 is completed on or after September 12, 1988.

Newspaper facilities. Those facilities housing the operations necessary for the production and distribution of a serial publication that contains news and current events of general interest. Such operations include the gathering of news; writing news columns, features, and editorials; selling and preparing advertisements; and distributing the publication in printed or electronic form.

Nightclub. Refer to “bar”.

Non-commercial message. Any sign wording, logo or other representation promoting an activity or idea other than a commercial activity or idea.

Non-complying use. Any use commenced without a proper permit or authorization as required by this ordinance and existing on the effective date of this ordinance. Also considered to be an illegal nonconforming use.

Non-conforming building or structure. A building or structure or portion thereof lawfully existing at the effective date of this ordinance or amendments thereto, but no longer conforming to the current provisions of the ordinance with respect to such requirements as height, size, setbacks, access, materials or landscaping.

Non-conforming lot. A lawfully existing lot at the time it was created that does not conform to the current lot area and/or width requirements of this ordinance.

Non-conforming sign. Signs, which, at the time of construction and erection, was approved or legally erected under a previous sign ordinance but which became or has become nonconforming with respect to the requirements of a subsequent original sign ordinance.

Non-conforming use. Any use lawfully occupying a structure or land at the time of adoption or subsequent amendment of this ordinance which is no longer permitted in the district in which the use is located.

Non-point Source Pollution. A form of water pollution that does not originate from a discrete point such as a wastewater treatment facility 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 or 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-residential zoning. A lot zoned for commercial, office, retail, professional, industrial, and institutional or government use, including RP zoning. For purposes of this chapter those lots zoned for mixed residential and commercial use shall be considered “non-residential zoning”.

Non-stormwater discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.

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

Notice of Intent (NOI). Documentation provided by the Environmental Protection Agency (EPD) for coverage under the State General Permit.

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

NPDES Permit. The national pollutant discharge elimination system permit granted by the Georgia Department of Natural Resources.

Nuisance. Anything, condition, or conduct that endangers health and safety, or that unreasonably and substantially offends the senses, or substantially obstructs the free use and comfortable enjoyment of property.

Nursery and greenhouse. A building or lot, or portion thereof, used for the commercial cultivation or growing of plants, and including all accessory buildings.

Nursery school. A place for the day care and instruction of children not remaining overnight.

Nursing home. Any facility that primarily provides skilled nursing care and related services to residents who require medical or nursing care; rehabilitation services to the injured, disabled, or sick; or on a regular basis, health care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which is available to them only through these facilities and is not primarily for the care and treatment of mental diseases.

Nutrient. A substance or combination of substances which, if added to waters in sufficient quantities, provides n 2.

O Obscene. Obscene material as defined by O.C.G.A. § 16-12-80 and as may be amended or superseded or judicially interpreted from time to time.

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

Occupancy. The portion of a building or premises owned, leased, rented or otherwise occupied for a given use.

Occupant. Any person over one year of age, living, sleeping, cooking or eating or actually having possession of a dwelling unit; except that in dwelling units a guest will not be considered an occupant.

Occupied. Arranges, designed, built, altered, converted, rented or leased, or intended to be occupied.

Office, medical. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis.

Office, professional. A structure designed and intended for occupation as business premises by persons or entities engaged in an activity or field of endeavor requiring special educational or technical skills and standards, such as the practice of medicine, law, accounting, city planning and other recognized learned professions.

Office, construction. A temporary structure typically mobile, established at a permitted construction site to accommodate personnel. A location for outdoor storage of materials and equipment is commonly associated with the use.

Office, temporary sales. A short-term office, either mobile or located in a model home, used to accommodate real estate agents and associated administrative staff for the purposes of selling or renting real property in subdivisions or other housing developments.

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

Off-street parking lot. An area of land providing motor vehicle parking spaces, along with adequate drives and maneuvering aisles, for the parking of more than three (3) vehicles, other than in connection with a single -family or two-family dwelling.

Open area, private. See private open area.

Open space. The total area on a zoning not covered with buildings, driveways, parking areas, service courts, etc. that can or will be landscaped with plant material or maintain natural vegetation.

Ornamental fence. A barrier of no more than four feet in height and constructed of wood rail, stone, brick or similar material but not including wire mesh or wood stockade fence. The principal function of such fence shall be to delineate the property boundaries and not to provide protection or confinement.

Outdoor display and sales, temporary. Sales associated with a permanent, principal use of a property, for temporary durations and in temporary locations.

Outdoor storage. The outdoor placement of goods such as, building or construction materials, equipment, vehicles, trailers and other supplies, for future use, production, assembly, preservation or disposal.

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.

Outparcel. A lot carved from a planned center which is in compliance with all city requirements and ordinances for a legal stand-alone lot on which a freestanding building is constructed which building meets all city setback requirements.

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).

Overlay District. A district which superimposes supplementary regulations to land which is otherwise classified into a specific zoning district.

Overstory trees. Canopy trees, either deciduous or evergreen, of greater height and spread than surrounding understory trees, which provide shade and protection to the earth and vegetation beneath it.

Owner. The person in whom is vested the fee ownership, dominion or title of property, by proprietor. This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant, including a developer; and/or 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 firm, person or corporation in control of the site.

P Parcel. A unit of land as defined in a single deed recorded in the Superior Court of Fayette County, Georgia.

The description as specified in each recorded deed shall constitute a parcel of land for the purpose of this ordinance. Provided further, that two or more adjoining parcels in common ownership which are physically unified by the existence of a common structure or development located thereon shall constitute and be considered as one parcel for the purpose of this ordinance.

Park and ride lot. A system in which people drive to a place, typically along a transportation corridor, where they can leave their vehicle and get on a bus or transit that will take them the rest of the way to where they are going.

Parking setback line. A line or plane indicated on the regulating, generally parallel to the required building line, behind which parking must be located.

Parking space. The space required to park one vehicle, exclusive of driveways and access aisles, in accordance with the requirements of this ordinance.

Parking structure. Decks placed above ground or underground in a structure designed principally for the temporary storage and circulation of motor vehicles that includes and at least one level. A parking structure may be either freestanding or incorporated in a structure along with other uses, such as office, residential or commercial uses.

Passive park /passive recreation. A tract or tracts of land dedicated to passive recreation and may include hiking, bicycling, picnicking, fishing, horseback riding, interpretive trails and/or bird watching. Passive parks specifically do not include swimming pools, gymnasiums, or active playing fields and do not require a developed site.

Pawn shop. A business establishment that lends money on the security of pledged goods, including vehicles, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufactures or licensed dealers as a part or in conjunction with the business activities.

Peddler. A person who with no fixed place of business goes from house to house, from place to place, or from store to store conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers.

Pedestrian pathway. An interconnecting paved way providing pedestrian and bicycle passage through blocks running from a street-space to another street-space, an alley or an interior block parking area. The area within a pedestrian pathway shall be a public access easement or public right-of-way.

Pennant. Any lightweight plastic, fabric, or material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind as a means of attracting attention.

Perennial stream. A stream which flows throughout the year as indicated on a USGS quad map.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance.

Permit board. A covered board with sufficient area for posting land-disturbing or building permits, inspection reports, and any placard, which may be posted by the city. The board shall be a minimum of 16 inches by 16 inches and shall be mounted five feet in height above grade.

Permitted use. A use of property specifically allowed within a zoning district wherever that district exists in the city, provided all dimensional and other requirements applicable to that district are satisfied on the subject tract.

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, any interstate body or any other legal entity.

Personal care home. Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage.

Personal services. Establishments providing non-medical services to individuals, including, but not limited to:

barber and beauty shops, tattoo parlors, dry cleaners, small appliance repair, laundromats, massage therapists, pet grooming with no boarding, shoe repair shops, and tanning salons. These uses may include incidental retails sales related to the services they provide.

Pervious surface. Surfaces that promote vertical infiltration of stormwater runoff instead of horizontal flow.

Pervious surfaces are defined as natural areas, vegetated landscape areas, stormwater detention areas, non-compacted gravel landscape areas and any other areas that readily promote vertical infiltration rather than horizontal flow of stormwater runoff.

Pet. Any animal owned or kept for pleasure rather than sale, which is an animal of a species customarily bred and raised to live in the habitat of humans and is dependent upon them for food and shelter, except that livestock and wild animals shall not be deemed pets.

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.

Place of public worship. A building or complex, by design and construction, primarily intended for conducting organized religious worship services. Associated accessory uses include, but are not limited to, classrooms, meeting halls, indoor and outdoor recreational facilities, day care, counseling and kitchens.

Planned center, office, commercial, or industrial. A group of two or more retail stores, service establishments, offices, industries, or any other businesses, or combination thereof, consisting of individual buildings or units which are adjacent or abutting one another, and which are planned to serve the public, and which share common amenities or common area, sidewalks, parking areas or driveways, excepting outparcels.

Planning and Zoning Commission. The Planning and Zoning Commission of the City of Fayetteville, Georgia.

May be referred to as P&Z Commission.

Planting season. The time period or season during which newly installed plant material will have the best opportunity for survival.

Plat. A map indicating the subdivision or re-subdivision of land, intended to be filed for record.

Plaza. See square.

Pole. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A. § 36-66C-2 (26).

Political sign. A temporary sign erected for the purpose of soliciting votes or support for or in opposition to any candidate or issue in an election or any political party under whose designation any candidate is seeking nomination or election or any public question on a ballot in an election held under the laws of the state.

Pollutant. Anything which causes or contributes to pollution and 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; 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 contamination or other alteration of any water’s physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Pollution susceptibility. The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from dump sites, animal waste from agricultural operations or pollution generated by other human activities.

Pollution Susceptibility Map(s). Maps prepared by the Georgia Department of Natural Resources (DNR) that show the relative susceptibility of groundwater to pollution. Pollution susceptibility maps categorize the land areas of the state into areas of high, medium and low groundwater pollution potential.

Porch, enclosed. A roofed structure with walls whose surface area is at least 50 percent glass or screen attached to or a part of a building and which provides direct access to and from the building.

Porch, unenclosed. A roofed structure without walls attached to or a part of a building and which provides direct access to and from the building.

Portable sign. Any sign which is not permanently affixed, including, but not limited to, signs mounted, painted or affixed on vehicles parked in such a manner as to serve the purpose of an advertising device, or not routinely parked at the immediate premises of the business or entity indicated, advertised or identified by said sign.

Post-construction stormwater management. Stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan.

Post-development. The conditions anticipated to exist on a site immediately after completion of the proposed development.

Practicality policy. The latest edition of the Metropolitan North Georgia Water Planning District’s Policy on Practicability Analysis for Runoff Reduction.

Pre-development. The conditions that exist, on a site immediately before implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions.

Pre-development hydrology. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.

Preliminary plat. A drawing which shows the proposed layout of the property lines, rights-of-way, easements, buffer zones and building setback lines of a subdivision in sufficient detail to indicate unquestionably its workability, but which is not in final form for recording and the details are not completely computed.

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

Preschool. A child care facility specializing in preparing children for a formal education environment.

Previously developed site. A site that has been altered by paving, construction, and/or land disturbing activity.

Principal building.

A building in which the primary use of the lot on which the building is located is conducted.

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

Privacy. The existence of conditions which will permit a person to carry on an activity commenced without interruption or interference by sight of another person.

Privacy fence. An opaque fence made of wood or masonry (not chain link or any other type of rolled fence) along alleys, common drives, pedestrian pathways and common lot lines behind the required building line).

Private deed restrictions or covenants. Legal provisions imposed on land by private landowners which bind and restrict the land in the hands of present owners and subsequent purchasers. They are enforced only by the landowners involved and not by the city or other public agency.

Private lands. All real properties lying within the city limits of less and except lands hereinafter designated and defined as “public lands.”

Private open area. A usable area within the buildable lot, generally behind the parking setback line, accessible only to occupants of the particular building or site, and (primarily) open to the sky.

Produce stand. An open-air, pavilion type structure used for the sale of seasonal agricultural products such as fresh fruits and vegetables, nuts, flowers, pumpkins, firewood, and Christmas trees. Accessory sales of items such as jams, jellies, pickles, sauces, and baked goods made from the seasonal agricultural products may also be included. All items sold must comply with applicable state and federal regulations.

Professional and administrative services. Office-type facilities occupied by businesses or agencies that provide professional or government services or are engaged in the production of intellectual property.

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

Project activity. Buildings, roads, parking areas, stormwater management systems, etc.

Properly designed. Stormwater systems and erosion control measures prepared in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) 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. With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. May be referred to as the stream protection area.

Protection area. All land which falls outside the buildable area of a parcel, all areas of the parcel required to remain protected, the critical root zone of a tree or a cluster of trees to be retained, and/or all areas required as landscaping strips or buffers according to the provisions of the development standards contained herein, or conditions of zoning approval.

Public lands. The rights-of-way of all major thoroughfares within the city, all other lands owned by the city except for the rights-of-way of minor residential streets, and all lands to which the public has free access.

Public street. Right-of-way and associated infrastructure dedicated to the city or owned by the city for public purposes.

Public use. Buildings, structures and uses of land owned, operated or maintained by a governmental unit or governmental agency, including but not restricted to public easements, public schools, fire stations, recreational facilities and water treatment facilities.

Public Utility. A retail supplier of electricity, gas, telephone service, cable television services or similar services, as provided in Title 46 of the O. C. G. A.

Pushcart. Any rubber-wheeled or non-self-propelled vehicle used for displaying, keeping or storing merchandise for sale. A pushcart may be moved without the assistance of a motor and does not require registration by the state department of motor vehicles. Products typically sold from a pushcart include commissary-prepared or pre-packaged food products, fruit, merchandise, drink or flowers (prohibited).

Q Quality, stormwater. Those parameters of stormwater that relate to the physical, chemical, biological or radiological integrity of stormwater.

Quantity, stormwater. Those characteristics of stormwater that relate to the rate, volume and duration of stormwater runoff.

Quasi-judicial officers, boards or agencies. An officer, board, or agency appointed by a local government to exercise delegated, quasi-judicial zoning powers including hearing appeals of administrative decisions by such officers, boards, or agencies and hearing and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits not enumerated herein as a zoning decision, pursuant to standards for the exercise of such quasi-judicial authority adopted by a local government.

R Rate. As it relates to small wireless facilities and antennas, means a recurring charge.

Reach. A longitude segment of a stream or river measured along specified points on the stream or river.

Reader board. Form of changeable copy sign designed so that the characters, letters or illustrations can be manually changed or rearranged without altering the face or the surface of the sign.

Recreational vehicle. A vehicle or equipment used primarily for recreational purposes, including, but not limited to, motor homes, travel trailers, camper trailers, pop-up campers, boats, off-road vehicles, dune buggies, personal watercraft, and the trailers used to transport them. May be referred to as an “RV”.

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

Recycling center. The collecting, sorting and reshipment of dry recyclable waste products, but does not include the reduction to raw materials and transformation into products.

Redevelopment. Structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling.

Regulating Plan. Comparable to the zoning map, the implementing plan for development within urban form districts. Regulating plans designate the building form standards, street types, and other public spaces and provide specific information for the disposition of each building site.

Remodeling, redecorating or refinishing. Any change, removal, replacement or addition to walls, floors, ceilings, and roof surfaces or coverings which do not support any beam, ceiling, floor load-bearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Repair garage. A building or premises where general automobile repairs are performed, including, but not limited to, the repair of engines, transmissions, brakes, (or) automobile air conditioning, or other activity involving the removal, repair or replacement of automotive parts, but not including body shops as defined herein.

Repetitive loss. Flood related damage 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 percent of the market value of the structure before the damage occurred.

Replacement trees. Trees that are planted pursuant to this ordinance to replace trees that are removed for any reason.

Required Building Line (RBL). A line or plane indicated on the regulating plan, defining the street frontage which extends vertically and generally parallel to the street, at which the building shall be placed, as indicated in the building form standards. It is a requirement, not a permissive minimum.

Reserve strips. Strips of land that control access to streets, alleys and public ground. Also referred to as “nuisance strips.”

Residential District. R-70, R-40, R-30, R-22, R-15,R-8, R-6, AR, MF, and MHC Districts.

Residential sign. Any sign located in a district zoned for residential uses that contains no commercial message.

Residential streets. Residential streets primarily function to provide access to residential uses. All residential streets are intended to accommodate relatively low traffic volumes at slow speeds in order to minimize the basic incompatibility of vehicles and the pedestrians and children who characterize residential neighborhoods.

Responsible person. The owner, lessor, lessee, contractor, job superintendent, and other responsible persons or entities for any property subject to this chapter and for service of any process applicable to this chapter.

Restaurant, drive-thru. A business establishment whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises. A drive-through restaurant may also have indoor and/or outdoor seating.

Restaurant. A business establishment whose method of operation involves either the delivery of prepared food by servers to customers seated at indoor or outdoor areas, or prepared food is acquired by customers at a counter or cafeteria line and consumed at tables within a completely enclosed building, but does not include drive-through services, which are separately defined and regulated. Service of alcoholic beverages by the drink is incidental to the service of food and food receipts exceed 60 percent of sales.

Retail business. Establishments wherein the primary use is the sale of merchandise for use or consumption by the immediate purchaser.

Retail service. Establishments providing services, as opposed to products, to the general public, including restaurants, hotels and motels, finance, real estate and insurance, travel agencies, health and educational services, and galleries; as well as personal services as defined herein.

Retail, general. Stores and shops that sell and/or rent goods and merchandise to the general public.

Retail, outdoor display and sales. Stores and shops that sell and/or rent goods and merchandise to the general public that is on display or is stored outdoors.

Retention facility. A facility which provides for storage of storm water runoff and controlled release of this runoff during and after a flood storm.

Retirement community. A planned community for residents who have retired from an active working life and may contain a variety of housing types to accommodate varying needs and life stages, including independent living units, assisted living and nursing care.

Retirement home. See care home.

Right-of-way. A strip or parcel of land occupied by or intended to be occupied by a street, crosswalk, pedestrian path, cart path, utility system, water main, sanitary sewer or storm drain sewer main, drainage ditches and watercourses or any other valid public use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a record or final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such other lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or other use involving maintenance by a public agency shall be dedicated or deeded to public use by the maker of the plat on which such right-of-way is established. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A. § 36-66C-2(31).

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

Roadway drainage structure. A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled 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 sign. Any sign erected or maintained wholly or partially on or over the roof of a building. This requirement does not include those signs that may be mounted on parapets or mansards, which may extend above the roofline.

Rooming house. A place of residence that contains individual rooms without cooking facilities that are rented to the general public to no more than ten unrelated persons at any one time.

Root barrier. A wall or other durable material installed below ground around a tree’s root system to prevent the roots from spreading and damaging adjacent foundations, pavement, driveways, sidewalks, and other infrastructures.

Routine maintenance. Activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Row house. A multifamily dwelling unit in which each family has a private entrance.

Runoff. Stormwater runoff.

Runoff coefficient. The ratio of runoff to rainfall.

S Salvage or impound operations. Any land or structure used for storing, dismantling, reconditioning, collecting, purchasing or selling of scrap metal or other discarded goods and materials, including the collection, dismantlement and salvage of two or more inoperative vehicles, boats, trucks, or other types of machinery or equipment, or the impounding of any operable or inoperable vehicle associated with towing or wrecker services.

Sandwich board sign. See sidewalk sign.

Sanitary sewer system. The complete sanitary sewer system of the city which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, but shall exclude any portion or facilities of the sewage treatment plant.

Scale. The relationship of a particular building mass to other nearby or adjacent developments.

School (K-12), private. A privately operated academic educational institution, including elementary (kindergarten through 6th grade), middle and junior high schools (7th and 8th grades), secondary and high schools (9th through 12th grades), and facilities that provide any combination of those levels, as well as accessory uses, buildings, and activities.

School (K-12), public. A publicly operated academic educational institution, including elementary (kindergarten through 6th grade), middle and junior high schools (7th and 8th grades), secondary and high schools (9th through 12th grades), and facilities that provide any combination of those levels, as well as accessory uses, buildings, and activities.

School, specialized training. Small-scale facilities that provide individual and group instruction, education and/ or training, including tutoring and vocational training in limited subjects, including, but not limited to the arts, dance, photography, martial arts training, gymnastics instruction, production studios for individual musicians, painters, sculptors, photographers, and other artists, business and vocational schools, and driver education schools.

Screening. The method of visually shielding or obscuring one abutting or nearby densely planted vegetation.

Screening is designed to reduce the effects of objectionable or potentially objectionable uses and activities between incompatible uses. Breaks in screens shall be permitted to provide adequate ingress and egress as needed.

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.

Sedimentation facility. A facility specifically developed for the purpose of allowing the deposition of sediment resulting from the land development process.

Self-serve car wash. A commercial car wash where the customers wash their cars themselves with spray wands and brushes.

Self-storage/mini. A single-story commercial structure that is non-climate controlled with access to individual storage units via exterior metal doors. Facilities may allow vehicle storage and truck rental. May be referred to as “mini-warehouse facility.”

Self-storage/multi. A multi-story commercial structure that is climate controlled with interior access to storage units which are not visible from the exterior of the structure. Facilities do not permit outside storage.

May be referred to as “secured storage facility”.

Semi-trailer. A detachable trailer for hauling freight, with wheels at the rear end and the forward end being supported by the rear of a truck tractor, when attached.

Service station. A building or facility where products necessary for automobile service or maintenance are sold and/or where such maintenance services are rendered, but excluding body shops.

Setback, required. The minimum horizontal distance between the nearest point of the applicable building, structure or sign, measured perpendicular to the property line from which the setback distance is required.

Sexually-oriented business. A business establishment, including an adult bookstore, adult cabaret, adult encounter parlor, adult lounge, adult modeling studio, adult movie theater, adult theatre, massage parlor, escort agency or any establishment which has a substantial business purpose of offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term sexually oriented business shall not be construed to include:

Shared parking. Automobile parking that is visible and accessible to the public, with at least 12 hours of public parking provided in any 24-hour period, and that at least eight of those hours provided during business or nighttime hours depending on whether the administrator determines that the primary use will be for commerce or residential uses.

Shared sign. A sign that serves as common or collective use for a group of persons or businesses operating on the same lot such as, but not limited to, a shopping center or business park. Ownership of and responsibility for a shared sign shall remain with the owner of the building or buildings served by the sign.

Shear failure. Failure of an earthen bank caused by the steepness of the slope.

Shelter, transitional housing. Any facility which provides shelter to persons who may not have access to traditional or permanent housing but are capable of living independently and who participate in appropriate counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing within a reasonable period of time, generally 180 days.

Shooting range. A facility with an enclosed firing range with targets for archery, rifle or handgun practice.

Shopfront. That portion of the ground story façade intended for marketing or merchandising and allowing visibility and access between the sidewalk and the interior space.

Shopping center. See planned center.

Short-term rental. The rental of any dwelling unit to a single party or individual for a term of not more than 28 days. This term does not include: campgrounds; bed and breakfasts, hotel rooms, boarding houses, group homes, nursing homes, independent and assisted living, homestays, house-sitting arrangements, temporary rental terms between the buyer and seller of a dwelling, and occupancy of an estate representative.

Shrub. A woody plant or bush of relatively low height (two through six feet), distinguished from a tree by having several stems rather than a single trunk.

Sidewalk sign. A portable sign consisting of two sign faces placed back-to back and hinged together at the top in such a manner that each sign face leans toward the other, connecting at the top and forming a self-supporting structure which is not permanently affixed to the ground.

Sidewing. The portion of a building extending along a common lot line toward the alley or rear of the lot.

Sign. Any surface, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, reading matter, material, fabric, device, object, three dimensional object, or display which bears lettered, numbered, pictorial, or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view. For the purpose of this chapter, the term “sign” shall not include those devices located entirely within a building or structure, unless such devices are considered window signs; additionally the term “sign” shall include all structural members used to erect or mount same, and any company colors, trademarks, service marks, brand names, logos, symbols, or roof shapes, which are generally used by the company in the design of its buildings, and are generally used, or identified, as trade styles or other identifying marks or symbols of the company’s business.

Sign face. That 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.

Significant groundwater recharge areas. Areas mapped by DNR in Hydrologic Atlas 18 (1989 edition).

Mapping of recharge areas is based on outcrop area, lithology (chemical nature and form of the rock), soil type and thickness, slope, density of lithologic contacts, geologic structure, presence of “karst” topography (sinkholes, caves and fissures associated with limestone and other carbonate rocks), and potentiometric surfaces.

Single-face sign. A sign which has one display area designed to be seen from one direction.

Site. An area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit.

Site development plan. A detailed plan showing proposed buildings, uses or reuses of all land, open space, location of major structures, recreation areas, schools and public facilities and such other planning elements and reasonable design criteria as identified herein.

Skilled nursing facility. Pursuant to O.C.G.A. § 31-6-2, a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.

Small box discount store. A retail store that is 16,000 square feet or less in size, which offers for sale a variety of convenience shopping goods and continuously offer the majority of the items in their inventory for sale at a price lower than traditional retail outlets. Small box discount stores do not include pharmacies.

Small loan business. A business that loans money to customers on a temporary basis, with the loan secured by post-dated check, paycheck or car title, or are registered as lenders under state or federal law. These types of businesses do not include a state or federally-chartered bank, savings association, nor to they include businesses where the cashing of checks or money orders is incidental to the main purpose of the business.

Small loan businesses include, but are not limited to check cashing establishments, payday or other short term loan establishments, and car title loan establishments.

Small-scale production establishment. An establishment where shared or individual tools, equipment, or machinery are used to make or grow products on a small scale, including the design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. Typical small-scale production establishments include, but are not limited to, vertical farming or the making of electronics, food products, non-alcoholic beverages, prints, household appliances, leather products, jewelry and clothing/apparel, metal work, furniture, glass, ceramic or paper, together with accessory uses such as training or educational programs.

Small wireless facility. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A. § 36-66C-2(32).

Social model. A program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.

Soil and water conservation district approved plan. An erosion, sedimentation and pollution control plan approved in writing by the Soil and Water Conservation District.

Solid waste transfer facility. An intermediate destination for solid waste, wet or dry, sorting, separation, compacting and aggregation of smaller shipments into larger ones.

Special event. A sporting, cultural, business or other type of unique activity including festivals, celebrations, games or other gatherings, occurring for a limited or fixed duration and presented to a live audience, that impacts the city by involving the use of, or having impact on, the city’s public property, infrastructure, services or resources. It usually occurs on public property but sometimes can occur on private property and have an impact upon city property, other private property or private rights, or city services, infrastructure or other resources. The venue for a special event must be approved by the city.

Special event facility. A facility or assembly hall available for lease by private parties or special events, such as weddings.

Special exception. A land or structure use that would not normally be permitted without restriction throughout the zoning district but which with proper controls would promote the public health, safety, or general welfare. Such uses may be permitted as special exceptions after presented in a public hearing and approved by the Planning and Zoning Commission and are subject to approval by council.

Specimen tree or stand. Any tree or grouping of trees which has been determined to be of high value because of its species, size, age, location, or historic value.

Spectacular sign or device. Animated signs, feather flags, streamers, pennants, balloons and other air or gas filled devices, search lights, lasers, beacons, or other light projecting devices.

Square. See green or square.

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.

Stake sign. Any temporary sign supported by uprights which are placed into the ground, and not supported by or suspended from any building. The sign face shall not exceed five square feet, and the overall height of the stake sign shall not exceed five feet from finish grade to the top of the sign. A stake sign may not be placed within the right-of-way.

Start of construction. The date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 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 walkways; 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 ordinance 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 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, natural drainage systems which contain flowing water and which appear on the USGS Quad map, springs, wells, wetlands and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Wetlands shall also be considered jurisdictional waters of the United States, as that term is defined by 42 USCFR and the regulations promulgated thereunder.

Stoop. An entry platform on the façade of a building.

Storefront frontage building. Building form and functions resulting from/as determined by the storefront building form standard as indicated on the regulating plan.

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 concept plan. An initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan including the natural resources inventory, site layout concept, initial runoff characterization, and first round 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 facility. Any constructed or natural components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, natural systems and modular pavement.

Stormwater management plan. A plan for post-construction stormwater management at the site that meets the requirements of Section [Y]-8(d) and is included as part of the land development application.

Stormwater management standards. Those standards set forth in Section [Y]-7.

Stormwater management system. The entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed 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 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. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. May be referred to as “stormwater.”

Story. The portion of the building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling above. May be referred to as “story height.”

Stream bank. The sloping land that contains the stream channel and the normal flows of the stream.

Stream buffer. An area along the course of any state waters to be maintained in an undisturbed and natural condition.

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

Street. A dedicated and accepted right-of-way for vehicular traffic whether designated as highway, thoroughfare, lane, intended to distinguish between different categories of streets:

Street, collector. A street which is designated as such in the zoning ordinance and which is intended to collect traffic from minor streets and direct it safely to major streets.

Street, commercial. A street serving primarily commercial developments.

Street, dead-end. A street having only one end open for access to another street, the other end being abruptly terminated with no turnaround.

Street, marginal access. A street parallel to and adjacent to a major thoroughfare or secondary street providing access to abutting properties and protection from through traffic.

Street, major. A street which is designated as such in the zoning ordinance and which is intended to provide swift and safe movement of traffic through the community.

Street, minor. Means a street which is designated as such and which is used for local circulation in residential areas providing access to abutting property.

Street, industrial. A street serving primarily industrial developments.

Street, private. A street that is privately owned and used in accordance with the wished of the owner. Street, public. A street that is used for travel by the general public, whether or not it is owned by a public agency.

Street frontage. The length of any property line of a zoned lot, which property line abuts a legally accessible street right-of-way. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the zoning definition for yards.

Street-space. All space between fronting required building lines (streets, squares, plazas, pedestrian pathways, civic greens, sidewalks, quadrangles) but not within garage entries, common drives or alleys.

Street tree alignment line. A line that is generally parallel with the street-space and in which street trees shall be planted and streetlights and other such infrastructure are to be placed.

Street tree. Trees as required herein and listed in the Street Tree List located in Urban Space Standards that are of a proven hardy and drought tolerant species and large enough to form a shade canopy with sufficient clear trunk to allow traffic to pass under unimpeded.

Street wall. A masonry wall located along the required building line which assists in the definition of the street -space in the absence of a building.

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, which requires location on the ground or is attached to something having a location on the ground including by way of example, but not limited to, buildings, billboards, swimming pools, advertising signs, a gas or liquid storage tank, and satellite dishes; but not including walls or fences.

Subdivider. The person having sufficient proprietary interest in the land to be subdivided to authorize the maintenance of proceedings to subdivide such land under these subdivision regulations, or the authorized agent of that person for the purpose of such proceeding.

Subdivision. The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Subdivision sign. A monument sign placed at the intersection of two public roads where one of the roads is the main thoroughfare into and out of a commercial or residential subdivision.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent 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 percent of the market value of the structure prior to the improvement. The market value of the building means the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred “substantial damage” regardless of the actual amount of repair work performed. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement official, and not solely triggered by an improvement or repair project.

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

Support structure. As it relates to small wireless facilities and antennas, has the same meaning as in O.C.G.A.

§ 36-66C-2(34).

Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Swinging or projecting sign. A sign projecting perpendicularly more than 12 inches from the outside wall or walls of any building or supports upon which it is located.

T Tap house. A commercial establishment whose primary business is to sell premium, craft malt beverages and wines for on-premises consumption only (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Teen clubs. Entertainment establishments that cater to young people age 14 through 20 who are not accompanied by a parent or guardian and may include, but are not limited to teen nightclubs and teen dance clubs.

Temporary building. A temporary, portable structure designed to transport freight, containing walls and a roof, including, but not limited to trailers, that is designed to be transported, either on its own wheels or on a flatbed or other trailer, or has detachable wheels. Storage sheds designed for placement on the ground or on a permanent foundation do not meet this definition.

Temporary housing. A tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and which is not attached to the water system of another structure or to any utility system on the same premises for more than 20 days.

Temporary sign. Any sign that is not permanent in nature.

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; an occupant, inhabitant, or dweller of a place.

Tent. A portable or temporary cover or shelter, with or without side panels, which is supported by poles or other manner other than by air or the contents it protects and is made of canvas, plastic or similar pliable materials.

Territorial boundaries. In the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2.

Theater. A building or part of a building use to show motion pictures or a facility used for drama, dance, musicals or other live performances.

Thrift shop. A retail establishment primarily engaged in selling secondhand articles, such as clothing, furniture, and other assorted items, the value of which is only a fraction of the original cost, and which normally have no collectible or antique value, where such goods and merchandise are not sold on consignment. Thrift shop merchandise is obtained through bulk purchases, or through donations or gifts and where the donor receives no compensation upon the sale of such merchandise. This use does not include establishments which sell used merchandise on consignment or antique shops, nor does it include the sale of used guns or motor vehicles.

Tobacco product. Any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos;

shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Such term shall not include any alternative nicotine product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act (refer to O.C.G.A. § 16-12-70).

Tobacco-related product. Any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form whatsoever (refer to O.C.G.A. § 16-12-70).

Tract. A defined lot, piece or parcel of land, of greater or lesser size.

Traffic impact study. A written report prepared by a Licensed Transportation Engineer describing in detail the roads and streets which serve an area of the city, furnishing information on ingress and egress to and from lots, providing current traffic counts on existing streets and projected traffic counts on both existing and proposed streets, and additionally containing an impact statement describing the expected impact of the proposed activities on traffic flow and traffic patterns within a specific area of the city.

Tractor trailer. A combination trucking unit consisting of a truck tractor coupled to a full-trailer or semi-trailer.

Tractor truck. A large commercial motor vehicle with a driver’s cab but no body, designed for hauling or pulling a trailer or semi-trailer.

Trailer. A vehicle, including a motor home, designed and/or maintained for use as temporary or permanent storage, dwelling or sleeping place, or for travel or recreational purposes, having no foundation other than wheels or jacks.

Trailer park. A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle excluding trailers used for temporary or permanent storage.

Trailer sign. See mobile sign.

Transportation Plan. The map, plan, and or document adopted by the City Council indicating the transportation system improvements needed within the city to accommodate future growth.

Treatment. Removal or reduction in pollutants as it relates to the degraded physical, chemical, biological or radiological integrity of surface or subsurface waters. Treatment methods implemented under this division shall address pollutant removal/reduction in all forms including, but not limited to, free floating, solid, dissolved, debris/trash and solids/sediments.

Tree. A self-supporting woody plant having one or more well-defined stems or trunks, a more or less definitely formed crown, usually attaining a mature height of at least ten feet, and a trunk diameter of at least two inches measured at a point four feet above the ground.

Tree canopy. Any tree having reached a relatively tall height compared to surrounding trees and vegetation and providing shade from its foliage mass; also individual or tree groups forming an overhead cover.

Examples include oaks, red and silver maples, hickory, beech, pecan, sycamore, sweetgum, poplar, ash, river birch, long leaf pine, loblolly pine and Virginia pine.

Tree damage. Any act which 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, hardwood. Those trees that shed their leaves in fall or winter.

Tree lawn. A continuous strip of soil area typically covered with grass, other vegetation, bridging pavement or sometimes porous pavers and located between the back of curb and the clear walkway, and used for planting street trees and configured to foster healthy street tree root systems.

Tree protection. Barriers constructed around trees at construction sites sufficient to prevent damage or injury to tree trunks, limbs, and roots.

Tree protection zone. The area around a tree corresponding to the larger of the drip line or ten feet from the base of the tree as determined by the director.

Tree removal, illegal. The unauthorized, intentional, and/or negligent killing, uprooting, removal or damaging of trees on a parcel of land. Such acts include but are not limited to damage inflicted upon the root system of a tree or trees, by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to unapproved excavation or filling, or by the unauthorized alteration of the soil or tree.

Tree, softwood. Those trees, including broadleaf and conifer evergreens that maintain their leaves throughout the year.

Tree, understory. Those trees that grow underneath the canopy of a hardwood or softwood tree.

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

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.

U UDO Administrator. The members of city staff appointed by the Mayor and City Council to interpret and administer the provisions of the UDO.

Understory tree. Any tree or woody plant which of lesser height and spread than surrounding evergreens or deciduous trees but which still provides shade and a degree of protection to the earth and vegetation beneath it.

Unit. A portion of a planned center which by city ordinances and codes may be occupied by a single use or tenant, and which is segregated from other uses or tenants within the planned center by 360 degrees of vertical walls (may include doors and windows) and a floor and a ceiling, and which has a separate entrance to the outside.

Use, conditional. Those uses that are permitted in a particular zoning district but only under certain specified conditions.

Use, principal. The main purpose for which a zoning lot is intended and for which it may be used.

Use, residential. The use of residential property in accordance with the uses allowed by-right and with a conditional use permit in the residential zoning districts as defined herein.

Utility. A public or private water or sewer piping system, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by the city.

Utility pole. As it relates to small wireless facilities and antennas, means 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 or poles supporting only wireless facilities.

V Vapor product. Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from nicotine or other substances in a solution or other form. Such term shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, including, but not limited to, a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Such term shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act (refer to O.C.G.A. § 16-12-170).

Variance. A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not as a result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

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, abandoned. A vehicle which does not bear a current license plate unless said vehicle is stored within a completely enclosed building or unless it is stored on a bona fide sales lot and is in a satisfactory operating condition. This definition does not include vehicles which are not intended to be operated on public streets or roads.

Vehicle repair, major. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning.

Vehicle repair, minor. General maintenance of vehicles such as oil changes and lubrication; servicing and replacement of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors;

replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing;

sale and installation of automobile accessories such as tires, radios, and air conditioners; wheel alignment and balancing; but, excluding tire recapping or grooving or any major mechanical repairs, collision work or painting.

Vehicle sales and rental - heavy. A retail or wholesale establishment selling and/or renting heavy equipment, commercial vehicles, boats, or recreational vehicles which may also include accessory repair shops.

Vehicle sales and rental - light. A retail or wholesale establishment selling and/or renting cars, trucks, vans, and other motor vehicles that includes outdoor and/or indoor display. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include businesses dealing exclusively in selling used parts, auto wrecking and/or salvage; the sale of auto parts/accessories separate from a vehicle dealership; or service stations.

Vehicle service station. An establishment where motor vehicle fuel is dispensed for retail sale. This use may also collectively include minor vehicle repair services, retail sales of convenience items, restaurant sales and a single bay vehicle wash, but not overnight vehicle storage.

Vehicle sign. Any sign painted, drawn or affixed to or on a vehicle including an automobile, truck or trailer.

Vehicle wash, trucks and heavy equipment. A building or portion of a building with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of trucks and heavy equipment.

Vehicle wash, self-service. A commercial car wash where the customers wash their cars themselves with spray wands and brushes.

Vehicle wash. A building or portion of a building with machine or hand- operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.

Veterinary clinic. An establishment used by a veterinarian where animals are treated, and may include boarding and grooming as accessory uses.

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

W Wall sign. A sign applied to or mounted to the wall or surface of a building or structure, not to include window signs, the display surface of which does not project more than 15 inches from the outside face of the wall of such building or structure, and does not extend above the highest horizontal line of the wall. The vertical surface of a canopy is not a wall for purposes of this chapter.

Warehouse. A building or structure for receiving, delivery, consolidation, distribution and storage of freight, bulk storage of raw materials or finished or partly finished goods, merchandise, commodities pending either onward transit or division into smaller batches for subsequent distribution or sale.

Warehousing. Those activities of holding and handling goods in a warehouse.

Waste management and recycling facility. A site used for collecting waste and recyclables, sorting and transferring materials.

Water quality. Those characteristics of stormwater runoff that relate to the physical, chemical, biological or radiological integrity of surface or subsurface waters.

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. The land area that drains into a particular stream.

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.

Wholesaling and distribution. An establishment engaged in selling merchandise in bulk quantities to retailers;

to contractors, industrial, commercial, agricultural, institutional, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

Wind screen.

A heavy duty, woven, coated polyethylene fabric, which blocks wind and rain. The fabric is completely opaque, and may be of a solid color or may contain signage. Wind screens may only be attached to construction fencing, and only for the duration of construction.

Window. An opening made in the wall of a building to admit light and air, and/ or to furnish a view; provided, however, that as such term is used herein, the term “window” shall not include the framework for such opening, but shall only include the glass or translucent portion of such opening Window sign. Any type of sign located on the interior or exterior of a window or door, the letters, numbers, pictorial or sculptured matter of which is visible from the exterior of the premises. Window signs placed on the exterior of any window or door must be constructed of 50/ 50 perforated vinyl graphic.

Wine bar. A fully licensed restaurant which sells alcoholic beverages, not including distilled spirits, with a primary focus on wine sales by the glass (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Wine tasting room. An outlet, authorized by the State of Georgia, for the promotion of a Georgia farm winery’s wine by providing samples of such wine to the public and providing for retail wine sales in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee (Refer to Chapter 10 - Alcoholic Beverages within the Code of Ordinances for additional requirements).

Wireless Communications Facility. The plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireless communications services. Wireless communication facilities shall be specifically excluded from the definition of “Essential Public Services and Utilities.”

Wireless Services. As it relates to small wireless facilities and antennas, means 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. As it relates to small wireless facilities and antennas, means a person that provides wireless services.

X Xeriscape. A set of garden design and landscape maintenance principles that promotes the efficient use of water (term is a registered trademark of the National Xeriscape Council).

Y Yard. The open spaces on a lot situated between the principal building or use on the lot and a lot line and unoccupied by any structure except as otherwise provided herein. Yard areas do not include required buffer zones.

Yard, front. The space extending the full width of the lot, the depth of which is the distance between the front lot line and the nearest building line of the principal building.

Yard, rear. The space extending the full width of the lot, the depth of which is the distance between the rear lot line and the nearest building line of the principal building.

Yard, required. That portion of the yard lying between the lot lines and the minimum required setback lines.

Yard, side. The space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the distance from the side lot line to the nearest building line of the principal building.

Yard, special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line and so placed or oriented that neither the term “side yard” nor the term “rear yard” clearly applies. In such cases, the UDO Administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district. The appropriate yard shall be determined based on the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Yard and garage sales. A sale of personal household goods and clothing on the same premises as a principal residential use.

Z Zero lot line. The location of a building or structure on a lot in such a manner that one or more of the building’s sides rests directly on a lot line.

Zoning. The power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.

Zoning Administrator. The person, officer, or official and the authorized representative of said person, who the Mayor and City Council has designated as its agent for administration of these regulations.

\ Zoning decision. Final legislative action by a local government which results in:

Zoning District. A section or sections of the incorporated area of the city for which the effective zoning ordinance governing the use of buildings and land is uniform for each class of use permitted therein.

Zoning lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.

Zoning ordinance. An ordinance or resolution of the Mayor and City Council of the City of Fayetteville establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein Zoning map. The Official Zoning Map of the City of Fayetteville