Chapter 100 — General Provisions, Article 2 — Definitions

Defined Terms A Abutting. Touching at one point or along a common side, boundary, or lot line. Two pieces of property that are separated by a street or right-of-way are not abutting.

Accent, architectural. A structural or decorative element applied to the exterior wall of a building to accentuate rooflines, doors, windows, corners, stories, and similar features. Architectural accents include, but are not limited to, cornices, quoins, balusters, pilasters, trim, railings, belt courses, and similar features. Windows and doors (including all preassembled components), foundations, chimneys, awnings, and canopies are not considered architectural accents.

Accessory Building. A building detached from a principal building on the same lot and customarily incidental to the principal building or use including but not limited to detached garages serving one dwelling unit, utility buildings, sheds, gazebos, and barns. Detached garages and parking decks serving more than one dwelling unit are considered principal buildings.

Accessory Structure. A structure which is on the same lot as the principal structure and the use of which is incidental to the use of the primary structure. (syn. Accessory facility).

Accessory use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Accidental discharge. A discharge prohibited by this section that occurs by chance and without planning or thought before occurrence.

Active recreation area. This category of common area includes, but is not limited to, bikeways, paths, tennis courts, ballfields, playfields, courts, swimming pools, clubhouses, toilets, dressing rooms, lockers, equestrian facilities, beaches, docks;

amphitheaters, stages, bandshells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters or picnic areas, and similar facilities and the related storage, landscaping, lighting, sidewalks, outdoor furnishings, play structures, and utilities related to active recreation areas.

Addition (to an existing structure). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a 4-hour firewall. Any walled and roofed addition which is connected by a 4-hour firewall or is separated by independent perimeter load-bearing walls is new construction.

Adjacent. Property that is abutting or on the opposite side of an easement that separates it from the subject property. Properties separated by a railroad track, a major thoroughfare, or a designated and numbered U. S. or State routes are not abutting or adjacent.

Adjoining. To share a common border with.

Adult entertainment establishment. “Adult Entertainment Establishment” will have the same meaning as set forth in Chapter 10, Article II of the City of Snellville Code of Ordinances.

Alley. A public or private service-way which is used primarily as a secondary means of vehicular and service access to the back or side of abutting properties.

Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of telecommunication antennas or towers.

Antenna. An exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Appeal. A request for a review of the Department’s interpretation or decision of an provision of this UDO.

Applicant. A person, either the owner or the bona fide representative of the owner of land or structures governed by these regulations, who seeks authority to use, develop, construct upon or otherwise enjoy the use of property through any of the procedures established under these regulations.

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

Area of shallow flooding. A designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater chance of flooding to an average depth of 1 to 3 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 special flood hazard. The land area subject to a 1% or greater chance of flooding in any given year. This includes all floodplain and flood-prone areas at or below the base food elevation designated as Zones A, A1-30, A-99, AE, AO, AH, and AR on a community’s Flood Insurance Rate Map (FIRM).

Arterial. A principal arterial, major arterial, or minor arterial street as classified on the Gwinnett County Long Range Road Classification map.

As-built survey. A survey or other drawing based on a field survey specifying the locations, dimensions, elevations, capacities, and operational capabilities of buildings, roads, drainage structures, other and facilities as they have been constructed.

Assisted living facility. See "Community living arrangement," "Family personal care home," or "Personal care home" in Chapter 200 Article 6.

Attached, or attached to. The relationship between two or more buildings or structures, or between a structure and the ground. In order for two or more buildings to be attached, they must be permanently connected along a common wall. A structure and building are attached when one relies on the other for structural support. A building or structure is attached to the ground when the ground provides the principal structural support and the structure or building is permanently affixed to the ground such that it is not movable or subject to tipping or falling due to design loads.

Attic. The unfinished space between the ceiling joists of the top story and the roof rafters.

Authorized Registered Professional.

An authorized registered professional must know and understand the limits of their professional expertise, certification, license or registration and may not perform work which is outside of the scope of said professional expertise, certification, license or registration. An authorized registered professional must be liable for complying with all State laws and rules and licensing board requirements that apply to their particular profession, including ethical standards, and must be liable for failure to meet the applicable standards of professional care. All documents and drawings submitted to the City by an authorized registered professional must bear that person’s certification, license, registration or seal, as appropriate. The certification, license, registration or seal of an authorized registered professional on documents and drawings submitted to the City of Snellville must certify that the documents and drawings comply with all applicable City of Snellville ordinances, rules, and regulations and must certify that the documents and drawings are based on personal knowledge of the conditions depicted thereon and that the accuracy and completeness of the documents and drawings have been verified by field inspection of the facilities depicted therein.

Awning. A roof-like structure with a rigid frame that cantilevers from the elevation of a building designed to provide continuous overhead weather protection.

B Base flood. The flood with a 1% chance of being equaled or exceeded in any given year; i.e., the "100-year flood."

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

Basement. That portion of a building with its floor subgrade (below ground level) along all or a majority of its perimeter length, and includes the term "cellar."

Bedroom. A separate room planned or intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.

Best Management Practices. A collection of structural measures and vegetative practices that, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term “properly designed” means designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in Georgia Law.

Big Haynes Creek Watershed Protection Area. That area of land lying within the drainage basin or watershed of Big Haynes Creek as shown on the official set of maps of the protection area maintained by the Department.

Block. A piece of land entirely surrounded by public or private streets, other than alleys.

Board of Appeals. The City of Snellville Board of Appeals as set forth in this UDO.

Bonus room. An occupied and finished room in a dwelling that is located over a semi-enclosed space such as over a carport, garage, or porch, which is connected to the remainder of the dwelling and does not have a separate outside entry.

Boundary tree. A tree on an adjacent property whose critical root zone area intrudes across the property line of the site under consideration.

Buffer and landscape plan. A plan that identifies areas of tree preservation and methods of tree protection within the protected zone, undisturbed, or other buffer areas, as well as all areas of replanting. Within replanting areas, the common and botanical names of the proposed species, the number of plants of each species, the size of all plants, the proposed location of all plants, and any unique features of the plants must be indicated.

Buffer. Land area used to visibly separate property of one use from another through screening and distance; to shield or block noise, light, glare, or visual or other conditions; to minimize physical passage to non-similar areas; or to reduce air pollution, dust, dirt, and litter.

Buildable area. The portion of a lot which is not located within any minimum required yard, landscape area, or buffer, i.e., that portion of a lot wherein a building may be located.

Buildable lot of record. A lot or parcel of land which existed as a single parcel of ownership, recorded as such in its entirety and present boundaries with the clerk to superior court before April 19, 1999, or which is shown in its entirety and present boundaries on a final plat or exemption plat duly approved under these or any previously applicable regulations providing for the subdivision of land in the City of Snellville and recorded with the Clerk to Superior Court of Gwinnett County.

Building. Any structure attached to the ground with a roof supported by columns or walls which is designed for the shelter, housing, or enclosure of any persons, animals, process, or property of any kind.

Building inspector. The Planning and Development Director of the City of Snellville or their designee.

Building line. A line across a lot parallel to a street right-of-way or other property line formed by the building facade. All building lines must be at least as restrictive as the corresponding minimum yard required in this UDO.

Building permit. Authorization by the City of Snellville to construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, fuel gas piping, mechanical, or plumbing system.

C Caliper. An American Association of Nurseryman standard for trunk measurement of nursery stock. Caliper is the diameter (in inches) of new tree trunk. For non-fruit trees, the caliper of the trunk shall be taken 6 inches above the ground for up to and including 4-inch caliper size, and 12 inches above the ground for larger sizes.

Canopy. A roof-like cover with rigid frame and column supports, that projects from the wall of a building over a door, entrance, or window; or a free-standing or projecting cover above and outdoor service area, such as a gasoline service station. A marquee is not a canopy.

Canopy tree. A tree that, under normal forest conditions, will compose the top layer or canopy of vegetation and generally will reach a mature height of greater than 40 feet.

Cellar. See “basement.”

Certificate of development conformance. Final approval issued by the Department for completion of land development activities for a subdivision or project for which a development permit was issued.

Certificate of occupancy. Final approval by the City of Snellville for the use or occupancy of a structure for which a building permit was issued.

Certified arborist. An individual who has been certified as an arborist by the International Society of Arboriculture and maintains said certification in good standing.

Certified personnel. For the purposes of Sec. 402.2 (Soil Erosion and Sedimentation Control), a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

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

City Arborist. The Director or a certified arborist as assigned by the Director and charged with the duties of City Arborist.

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

City. The City of Snellville and its departments, employees, and agents with duties and responsibilities for administering and enforcing this UDO.

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

Clearing (major) permit. An official authorization issued by the department of planning and development permitting clearing (major) activities (only) of a site.

Clearing (major). Clearing (minor) activities plus the cutting and removal of all trees regardless of diameter, but not including the removal of the stumps and root systems of the trees larger than 3 inches in diameter (DBH). The surface of a cleared site may be disturbed by the tracks or tires of the equipment used but may not be intentionally altered from its natural contour. Minor earthmoving to construct stream crossings is permitted.

Clearing (minor) permit. An official authorization issued by the department of planning and development permitting clearing (minor) activities (only) of a site.

Clearing (minor). The removal of underbrush, shrubs and other low growing vegetation and trees up to 3 inches in diameter (DBH), including the removal of the stumps and root systems. The surface of a cleared site may be disturbed by the tracks or tires of the equipment used but may not be intentionally altered from its natural contour. Minor earthmoving to construct stream crossings is permitted.

Clearing and grubbing permit. An official authorization issued by the department of planning and development permitting clearing and grubbing (only) activities of a site.

Clearing and grubbing. Clearing (major) activities plus grubbing activities.

Clearing. The removal of trees or other vegetation, but not including grubbing activities.

Code enforcement officer. The Planning and Development Director of the City of Snellville or their designee.

Collocate.

Collocation. See “collocate.”

Color, fluorescent. A hue with a high light reflectivity because it reflects absorbed ultraviolet energy as visible light, including, but not limited to, a hue equivalent to one that is advertised as “fluorescent,” “neon,” or “day glow” by any major paint manufacturer.

Color, primary. A hue that is visually indistinguishable (by average human eyes) to the blue, red, or yellow paint colors that cannot be created by combining any other paint colors.

Columbarium. A structure with niches for the respectful storage of funeral urns.

Commercial vehicle. Any motor vehicle licensed by the State as a commercial vehicle.

Common area. Natural or improved land that is owned in fee simple by a public entity or property owner association and provides continuous public access. See also the related terms “primary conservation area,” “secondary conservation area,”

“active recreation area,” and “public space.”

Community living arrangement. Any State-licensed 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 Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Addictive Diseases. Personal services mean the provision of services, on a daily basis, that include, but are not limited to, individual assistance with or supervision of medications, ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing and toileting. Supports, care, or treatment means specific services that are provided to the resident of the community living arrangement, coordinated by the administrator as necessary, or reasonably requested by the resident and that include, but are not limited to, mental health services, habilitation, rehabilitation, social services, medical, dental, and other health care services, education, financial management, legal services, vocational services, transportation, recreational and leisure activities, and other services required to meet a resident's needs.

Comprehensive Plan. The City of Snellville Comprehensive Plan, a plan summarizing and illustrating the adopted goals and objectives of the City Council regarding the future location and character of anticipated land uses, transportation, and other public facilities in the city. The term includes component or functional plans for the City, including but not limited to a plan for land use (i.e., Future Land Use Map) or a plan for transportation facilities.

Concept plan. A drawing which shows the overall concept (i.e., a concept plan) of a proposed development, and which may include lots and streets in a subdivision or the general location of buildings and improvements for a multifamily or non-residential project, and which may be drawn to approximate dimensions in a freehand style.

Condominium. A form of property combining individual unit ownership with shared use or ownership of common property or facilities. A condominium is a legal form of ownership of real estate and not a specific building type or style.

Connectivity. The degree to which streets, sidewalks, trails, and bike paths form a continuous and interconnected system that allows full mobility and convenient access between all origins and destinations as they may be distributed throughout a developed area.

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

Construction activity. For the purposes of Sec. 403-3 (Illicit Discharge and Illegal Connection), “construction activity” means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in a land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, stockpiling, and demolition.

Construction/demolition waste. For the definition, refer to the Georgia Department of Natural Resources, Environmental Protection Division Rules and Regulations, Solid Waste Management.

Condominium: A multifamily dwelling or single-family attached dwelling in which each dwelling is owned and financed by the occupant, but in which halls, entrance ways, and underlying lands are owned jointly.

Consumer fireworks. Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations 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 Standards 87-1, and additionally shall mean Roman candles.

Consumer fireworks retail sales stand. The meaning provided for by NFPA 1124, as a temporary or permanent building or structure that has a floor area not greater than 800 square feet, other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks.

Contamination. An impairment of the quality of the water, which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, bacteria, chemicals, industrial fluids, waste, etc.

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

Council. See “City Council.”

County. Gwinnett County and such of its departments, employees, and agents as may have duties and responsibilities for administering and enforcing activities and implementation of the specific provisions of this UDO.

County standards. The County ordinances, standard drawings, Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications, Gwinnett County Department of Water Resources Water Main Design and Construction Standards for Private Development Projects, Gwinnett County Department of Water Resources Sanitary Sewer Standards for Developers, Traffic Calming Design Guide, and any other standards, specifications, and regulations that govern development permitting, and all procedures, rules, and policies pertaining thereto as these may be updated or amended from time to time.

Critical root zone (CRZ). A circular region measured outward from a tree trunk representing the essential area of roots that must be maintained or protected for the tree's survival. The CRZ is a radius of 1 foot for each 1 inch of diameter at breast height (DBH) of the tree. Adjustments to the root save area may be made by the Director if justified by specific documented site conditions.

Crown reduction pruning. Method of pruning to reduce the height or spread of a tree by performing appropriate pruning cuts.

Cul-de-sac. A street with one end open to traffic and being permanently terminated within the development by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround.

Culvert. Structures designed to convey water from one side of a public right-of-way to the other.

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 excavated surface. Also known as “excavation.”

D Day. A calendar day unless otherwise indicated. When a time period is measured in days, it means a consecutive number of days.

Deck. An unenclosed, exterior floor without a permanent roof supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

Density. The number of families, individuals, dwelling units or floor area per unit of land.

Department. The City of Snellville Department of Planning and Development.

Department of water resources. The Gwinnett County Department of Water Resources.

Design professional. An authorized, registered professional, forester, geologist, architect, CPESC, or certified personnel.

Destroy. Any intentional or negligent act or lack of protection that is more likely than not to cause a tree to die within a period of 5 years, as determined by the Director.

Such acts include, but are not limited to: performing grade changes (including lowering or filling the grade) that affect more than 25% of the root save area;

trenching of roots; cutting, girdling or inflicting other severe mechanical injury to the trunk, roots or other vital sections of the tree; removing more than 25% of the live crown of the tree; inflicting damage upon the root system of a tree by the application of toxic substances, including solvents, oils, gasoline and diesel fuel; causing damage by the operation of heavy machinery; causing damage by the storage of materials;

and/or deliberately or negligently burning or setting fire to a tree. In addition, topping, tipping, or any similar improper or excessive pruning practices will automatically be deemed as destruction of a tree.

Detached. Being separated from a principle structure by at least 3 feet.

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

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

Developed land. All lots not deemed as undeveloped land, as defined herein.

Developer. A person who undertakes land development activities.

Development

Developments of Regional Impact. Large-scale developments that are likely to have regional effects beyond the local government jurisdiction in which they are located as defined and regulated by the Georgia Department of Community Affairs per the Georgia Planning Act of 1989, as may be amended.

Development permit. An official authorization issued by the Department permitting clearing, grubbing, grading or construction of storm drainage facilities, access drive streets, parking, or other improvements exclusive of buildings.

Development plans. The detailed and professional plans showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the preliminary plat or site plan (as applicable), grading plan, tree preservation/replacement plan, erosion and sediment control plan, buffer and landscape plan, and construction drawings for streets, stormwater drainage facilities, sanitary sewers, water supply facilities, and other site improvements.

Development regulations. The portion of this UDO that is not considered a zoning ordinance under Sec. 101-1.6 (Zoning Compliance Law).

Diameter at breast height. A standard measure of tree size. The tree trunk diameter is measured in inches at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, then the trunk is measured at its most narrow point beneath the split.

Director. The Planning and Development Director or their designee, except as otherwise stated.

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

Disease. Any fungal, bacterial, or viral infection that will result in the death of the tree, as determined by the Director. Disease also means any fungal, bacterial or viral infection that has progressed to the point where treatment will not prevent the death of the tree, as determined by the Director. In order for the Director to deem that a tree has a disease, the person requesting such determination must present a report from a certified arborist, a Georgia registered forester, or lab identifying and presenting the etiology (the cause and origin) of the fungal, bacterial or viral infection.

Distributor (fireworks). Any person, firm, corporation, association, or partnership that sells fireworks.

District. A zoning district unless otherwise indicated.

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 improvements. Those facilities and structures intended to control and direct the passage of stormwater and other surface water flows from and across a property; including, but not limited to, swales and ditches, cross drains and other piping systems, catch basins, detention ponds, and velocity dissipation devices.

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

Drainage structure. A device composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater 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, swales and ponds, whether of an intermittent or continuous nature, and the manmade element that includes culverts, ditches, channels, retention facilities, and the storm sewer system.

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 to surface water.

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

Driveway. A vehicular access way in private ownership, other than a private street, which provides access primarily to only one property, or to no more than two single-family detached residences.

Dwelling unit. A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, attached. A single-family attached dwelling, multiple-family dwelling, Towne Center loft, or Towne Center flat.

E Easement. Recorded authorization for a specified purpose by a property owner for the use of any designated part of the real property by other entity.

Electric Vehicle (EV) Charging Station. A piece of equipment that supplies electrical power for charging plug-in electric vehicles by three levels of charging.

Level-1. Connects directly to a standard 120V alternating current (AC) residential outlet, capable of supplying 6-16 Amps depending on the capacity of a dedicated circuit.

Level-2. Utilizes 208V to 240V alternating current (AC) power supply between 6 and 80 Amps, providing a significant charging speed increase over Level-1 charging.

Level-3. Utilizes 400V to 900V direct current (DC) power supply between 80 and 400 Amps, providing the fastest charging speeds. Also known as DC fast chargers or Supercharger.

Elevated building. A non-basement building that has its lowest elevated floor raised above the ground level by foundation walls, pilings, columns, posts, piers, or shear walls.

Emergency vehicle. A motor vehicle belonging to a fire department; a certified private vehicle belonging to a volunteer firefighter or firefighting association, partnership or corporation; an ambulance; a motor vehicle belonging to a private security agency; or a motor vehicle belonging to a federal, State, County or municipal law enforcement agency, provided such vehicles are in use as an emergency vehicle by one authorized to use such vehicle for that purpose.

Emergency work. Any work for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, demanding immediate attention.

Environmental Health Section. The Gwinnett County Board of Health, Environmental Health Section.

Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

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

Erosion control regulations. The City of Snellville Soil Erosion and Sediment Control Ordinance.

Erosion and sedimentation control plan. A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities, as required by the Erosion and Sedimentation Control 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 in Sec. 402.2 (Soil Erosion and Sedimentation Control).

Exemption plat. A subdivision plat drawn to final plat standards, as contained herein, prepared in accordance with one of the exemptions provided under Chapter 100 Article 3.

Existing construction. For the purposes of Sec. 403-4 (Flood Protection), any structure for which the "start of construction" commenced before April 9, 1975.

Existing Density Factor (EDF). The density of existing trees to be preserved on site.

Existing manufactured home park or subdivision. Any manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 9, 1975.

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

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

Exterior Insulation Finishing Systems (EIFS). Nonstructural, non-loadbearing, exterior wall cladding systems that consist of an insulation board (attached either adhesively or mechanically, or both, to the substrate), an integrally reinforced basecoat, and a textured protective finish coat.

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. A vertical exterior face or elevation of a building.

Family personal care home. Any State-licensed and customary home business, non-institutional in character residential dwelling, whether operated for profit or not, which undertakes through its ownership to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults, aged 18 years or older who are not related to the owner by blood or marriage; personal services includes, but is not limited to, individual assistance with supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Family. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities (except as otherwise provided by Federal Law):

Fee simple. A form of property ownership in which the buildings and surrounding lands are owned by the same person.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or demarcate areas of land.

Floor area. See Sec. 201-1.10 (Floor Area).

Fill. A portion of land surface to which soil or other solid material has been added;

the depth above the original ground.

Final plat. A finished drawing of a subdivision showing completely and accurately all legal and boundary information and certification required by these regulations.

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

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

Fire marshal's office. A section of the Gwinnett County Department of Fire and Emergency Services charged with the responsibility of enforcing the County's fire prevention and protection code, the standard fire prevention code, the national fire prevention code, and Georgia handicapped laws.

Fire services division. A division of the Gwinnett County Department of Public Safety charged with the responsibility of enforcing the County's fire prevention and life safety codes, and the Gwinnett handicapped ordinance.

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

Flood insurance rate map (FIRM). An official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and/or the applicable risk premium zones.

Flood-prone area. See “floodplain.”

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

Floodway. The channel of a stream, river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floodplain. Any land area susceptible to flooding, which would have at least a 1% probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Floor. The top of the walking surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Foot-candle. A unit of measure of the intensity of light falling on a surface, equal to 1 lumen per 1 square foot and originally defined with reference to a standardized candle burning at 1 foot from a given surface.

Forest. A naturally forested residential and/or commercially zoned premise larger than 1 acre, containing no habitable space.

Functionally dependent use. A use that cannot be used for 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 shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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

Future conditions flood elevation. The highest water surface elevation anticipated at any given location during the future conditions flood.

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

Future conditions hydrology. The flood discharges associated with projected land use conditions based on a community’s zoning maps, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of stormwater management (flood detention) structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Future Land Use Map. A policy document adopted by the City Council, the purpose of, which is to provide a guide for the location, type and intensity of future land uses within the corporate limits of the City of Snellville.

G Garbage. Solid wastes from the preparation, cooking, and disposing of food and from the handling, storage, and sale of produce.

Gatehouse. A roofed accessory structure located at the entrance to a development or lot.

Governing authority. The Mayor and Council of the City of Snellville, Georgia.

Governmental facilities and structures. Facilities or structures owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government.

Grade, Average. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.

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

Grading permit. An official authorization issued by the Department permitting grading of a site, which may include clearing and grubbing, and may include installation of attendant stormwater drainage facilities.

Grading plan. A plan showing existing and proposed contour lines at an interval of no more than 2 feet and shall outline the areas, including dimensions, that are required to remain undisturbed (i.e. tree protection areas, buffer, etc.) and shall indicate protective fencing or staking to be placed surrounding such areas. Grading for roads and improved ditches shall be shown as well as all stormwater detention facilities.

Greenway. A linear open space primarily consisting of undisturbed natural areas, creeks and streams, and walking, bicycling, or multi-use trails.

Greenspace. Open space.

Greenway trail. A type of open space that meets the applicable standards of such use provided in Title 3, Chapters 360 and 900 of the Gwinnett County Unified Development Ordinance and is designed in general conformity with Gwinnett County Open Space and Greenway Master Plan.

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

Groundcover. A category of plants usually ranging from a few inches to a foot or more in height. Some groundcovers are excellent for preventing soil erosion; others are helpful in carrying out design patterns.

Ground coverage: See “lot coverage.”

Group home. A State-licensed child-welfare agency that is any institution, society, agency or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for six or more children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board of human resources. This full-time care is referred to as room, board, and watchful oversight.

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

H Habitable space. Space in a structure for living, sleeping, eating or cooking.

Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Hard-surfaced area or all-weather surface. An area that has been paved with concrete, asphalt, or similar approved paving surface and confined by landscaping timbers, railroad cross-ties, concrete curbing, or masonry or rock walls.

Hardwood tree. A tree that does not bear either needles or cones. The term hardwood is based on the colloquialism and does not reflect any true qualities of the tree.

Hazard tree. Tree with uncorrectable defects severe enough to pose a present danger to people or buildings under normal conditions, as determined by Director.

Hazardous Waste. Solid or liquid waste material resulting from the manufacture or use of pesticides or drugs (other than normal household use) pathological wastes;

highly flammable or explosive wastes; toxic wastes; sewage sludge; or other waste material that may be a hazard to the public health, safety or environment.

Health department. The Environmental Health Services Division of the Georgia Department of Human Resources for Gwinnett County.

Height of building. The vertical distance measured from the mean finished ground level at the front of the building to the highest point of the roof or the parapet.

Height of a tower or other telecommunication structure. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Highest adjacent grade. The highest natural (original) elevation of the ground surface, before construction, next to the proposed foundation of a structure.

Hobby breeding. Owning an animal that is considered to be a pet, which is registered with a national registry for the breed, in order to breed the animal to preserve and further the respective breed with regard to physical and temperamental soundness and in conformance with official breed standards.

Homeowners association. A community association in which membership of all the owners of property within the subdivision is mandatory, which holds title to certain common property, manages and maintains the common property, and enforces certain covenants and restrictions. The association shall have the duty and the authority to assess its members for such maintenance and improvements as set forth in the instrument creating the association.

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

House location plan. A drawing showing lot information and all improvements, as required in this UDO.

Hydrologic Soil Group. 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. Any of the following:

or

expressly includes, without limitation, those connections made in the past.

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

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

Impervious surface. A paved, hardened or structural surface, including but not limited to, buildings, driveways, walkways, parking areas, patios, decks, streets, swimming pools, dams, tennis courts, and other structures.

In perpetuity. The state or condition of lasting forever, continuing forever, or occurring continually.

Industrialized building. A structure meeting the definition of “industrialized building” set forth in O.C.G.A. section 8-2-111, as amended, and that bears a valid insignia of approval issued by the Georgia Department of Community Affairs pursuant to the Georgia Industrialized Building Act, as amended. With the exception of mobile homes, any uses may occupy an industrialized building, as provided by law.

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

Inoperable vehicle. A motorized vehicle incapable of immediately being driven.

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

J Junk Vehicle. A vehicle, automobile, truck, van, trailer of any kind or type, or contrivance or part thereof which is wrecked, dismantled, partially dismantled, stripped, partially stripped, inoperative, abandoned, discarded, or kept parked, stored or maintained on any premises or public right-of-way without a current license plate and/or decal displayed on the vehicle.

K Kennel. A location where boarding, caring for and keeping of more than a total of five dogs or cats or other small animals or combination thereof (except litters of animals of not more than 6 months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats or other small animal for commercial use.

L Lakes, existing and proposed. An inland body of water fed by springs, creeks and surrounding runoff which has a surface area larger than 2 acres of water measured at outflow structure elevation. An existing lake is a body of water, formed by a natural or man-made dam, which is not increased as a result of development by more than 25%. A proposed lake is a body of water that is created by a developer or is an existing lake which realizes an increase of 25% or more as a result of development. Any body of water which has a surface area of 2 acres or less measured at outflow structure elevation will be considered floodplain for the purpose of calculating the required open space.

Land development. Any land change, 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 project. A discrete land development undertaking.

Land disturbance activity. Those actions or activities which comprise, facilitate or result in a land disturbance.

Land disturbance. A land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that does not involve construction, paving or any other installation of impervious cover.

Land disturbance permit. A permit other than a building permit issued by the City that authorizes clearing or grading activities on a site or portion of a site. Said permit may be a clearing, clearing and grubbing, a grading, or development permit as defined and authorized herein.

Land disturbing activity. 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 as described in O.C.G.A. § 1-3-3.

Landscape plan. A plan that identifies areas of tree preservation and methods of tree protection within the protected zone, as well as all areas of replanting. Within replanting areas, the common and botanical names of the proposed species, the number of plants of each species, the size of all plants, the proposed location of all plants, and any unique features of the plant shall be indicated.

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

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-emitting diode. A solid-state semiconductor device that converts electrical energy directly into a discrete color of light.

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

Livestock. Cattle, horses, donkeys, mules, goats, sheep, swine and other hoofed animals; poultry, ducks, geese, pigeons, peacocks, and other live fowl; and fur or hide-bearing animals; whether owned or kept for pleasure, utility or sale. The term livestock shall not include small species of pigs, cage birds or rabbits kept within a dwelling as a household pet.

Loading space, on-site. Space logically and conveniently located for bulk pickups and deliveries scaled to delivery vehicles expected to be used.

Lobby. A lobby is a public internal waiting area at or near the entrance of a building.

A lobby may include a variety of uses but is limited to contiguous open area and may not include separated space for public uses such as restrooms or offices.

Local issuing authority. The governing authority of any county or municipality, which has been certified by the Director of EPD as an issuing authority, pursuant to O.C.G.A. § 12-7-8(a).

Lost tree. A tree that has had its critical root zone (CRZ) impacted greater than 25%.

A lost tree will not count towards the site’s tree density factor.

Lot. See Sec. 201-1.3 (Lots).

Lot line. A boundary of a lot. Lot line is synonymous with a property line, except as otherwise provided for streetscape easements by Sec. 401-4.2.A.3.a.

Lot line, front. The shortest boundary of a lot coincident with a street right-of-way (except as otherwise provided for streetscape easements by Sec. 401-4.2.A.3.a), except on a corner lot, where the front is the boundary of a lot coincident with the shortest street right-of-way line unless otherwise determined by the Director.

Lot line, interior. A boudarly of a lot not coincident with a street right-of-way line.

Lot of record. Land designated as a separate and distinct parcel in a subdivision, the plat of which has been recorded in the office of the Clerk of the Superior Court of Gwinnett County, or a parcel of land, the deed to which was recorded in said office before the adoption of this ordinance.

Lot, Stormwater Facility. A lot designed for the principal use of containing a stormwater treatment facility.

Low-to-mid-rise. A structure that is two or more stories high.

Lowest floor. The lowest floor of the lowest enclosed area, including a basement.

An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of Sec. 403-4 (Flood Protection).

M Maintenance. The act of keeping property, structures or vegetation in a proper condition so as to prevent their decline, failure or uncontrolled growth.

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 intersection. The intersection of two or more public streets in which at least one of the streets is an arterial or major collector as classified on the Gwinnett County Long Range Road Classification map.

Major thoroughfare. Any public street, existing or proposed, which is shown in the classified on the Gwinnett County Long Range Road Classification map as an arterial or major collector.

Manufactured home. A structure (or building), transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when attached to the required utilities. The term also includes mobile homes, park trailers, travel trailers, and similar transportable structures placed on a site for 180 days or longer and intended to be improved property. The term does not include a “recreational vehicle.”

Massing. The exterior form of a building, a structure or a series of buildings seen as a whole, encompassing bulk, shape, height, width, scale, proportion, and the spatial relationships of buildings, landscaping, and open space.

Mayor. The Mayor of the City of Snellville, Georgia.

Mean sea level. The datum to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced. For purposes of this UDO, the term is synonymous with National Geodetic Vertical Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.

Minor collector. A through street with the primary function of connecting subdivisions or other areas to major collector streets or other major thoroughfares, or functioning as a central route within a subdivision channeling traffic from the local streets to an abutting major thoroughfare or other minor collector street. For the purposes of these regulations, a central but nonthrough route within a subdivision or other project will be considered as a minor collector, if the average daily traffic generated by the development on the route will exceed 2,000 trips.

Mitigation, stream duffer. An action taken to avoid, minimize, rectify, reduce, compensate, or monitor the negative impacts of development on a protected stream buffer.

Mixed-use development. A development containing both residential and non-residential uses.

Mobile home park. A tract of land that is used, designated, maintained, or held out for rent to accommodate four or more mobile homes. Mobile homes located in a mobile home park are used only to provide living and sleeping accommodations: a mobile home park does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale.

Mobile home subdivision. A tract of land that is used, designated, maintained, or held out for sale of lots to accommodate mobile homes. Services such as water, sewage, recreational facilities, and solid waste collection may be provided for a service charge.

Modification. A type of administrative appeal that may be granted by the Director only where specifically authorized in this UDO.

Month. A period of time between the same dates in consecutive calendar months.

Motor vehicle. A vehicle with two or more wheels, or a machine propelled or drawn by mechanical power, and used on the public roads and highways in the transportation of passengers or property, or any combination thereof, which must be licensed, but does not include any vehicle, locomotive or car operated exclusively on rails.

Municipal separate storm sewer system. Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, City or County streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping channels, reservoirs, and other drainage structures, and which is:

Owned or maintained by the City or County;

Not a combined sewer; and Not part of a publicly owned treatment works.

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

National Pollutant Discharge Elimination System (NPDES) Stormwater 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 to an individual, group, or general area-wide basis.

Natural area. An area of land or water that has substantially retained its innate character and functions as a habitat for plant and animal life.

Nephelometric turbidity units. 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 particles are present.

New construction.

New development. For the purposes of Chapter 400 Article 4 (Stormwater), land development activity on a previously undeveloped site.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 9, 1975.

Non-common ownership. That part of the greenway land now owned jointly by the residents of a community association.

Non-residential district. Any zoning district except a residential district.

Non-residential use. Any use except a residential use.

Nonconforming lot: A lot of record that does not comply with the current requirements of this UDO.

Nonconforming lot, legal. A lot of record that does not comply with the current requirements of this Ordinance, but was lawfully established before the adoption, revision, or amendment of the requirements in this Ordinance making the lot of record, structure, or use non-compliant.

Nonconforming building or structure. A building or structure that was lawful at the time of passage or amendment of this UDO which does not conform, after the passage or amendment of this UDO, with the regulations of the district in which it is located.

Nonconforming use. A use of land that lawful at the time of passage or amendment of this UDO which does not conform, after the passage or amendment of this UDO with the use regulations of the district in which it is located.

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

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

Non-residential district. A zoning district that is not a residential district.

Non-residential use. Any principal use not listed in Sec. 206-3 (Residential Uses).

Non-stormwater. For the purposes of Sec. 403-3 (Illicit Discharge and Illegal Connection), any surface flow, runoff, drainage, or discharge that is not composed entirely of stormwater and which may include pollutants, but that excludes:

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

Notice of intent. A notice of intent form provided by EPD for coverage under the State general permit.

Notice of termination. A notice of termination form provided by EPD to terminate coverage under the State general permit.

Nuisance. Anything which causes hurt, inconvenience, or damage to another, provided that the hurt, inconvenience or damage complained of shall not be fanciful or such as would affect only one of fastidious taste, but rather such as would affect an ordinary reasonable man; and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.

O Occupancy. The purpose for which a building is utilized or occupied.

Occupant. Any individual living or sleeping in a building; or having possession of a space within a building.

Occupiable Space. Enclosed space designed and constructed for human occupancy and equipped with means of egress, and light and ventilation facilities in accordance with the applicable codes. Occupiable space does not include space used exclusively for unheated storage or vehicle parking.

Off-Site facility. For the purposes of Chapter 400 Article 4 (Stormwater), a stormwater management facility located outside the boundaries of the site.

On-site facility. For the purposes of Chapter 400 Article 4 (Stormwater), a stormwater management facility located within the boundaries of the site.

Open space, Big Haynes Creek Watershed. A lot set aside, designated, and reserved which must remain in its natural state, undisturbed and unoccupied by any structures or impervious surfaces, and located within the Big Haynes Creek Watershed Protection Area.

Open space

Operator.

Ornamental trees. Small growing trees, attaining a mature height of less than 40 feet, grown primarily for aesthetic purposes; i.e., flowers, fruit, etc. Common ornamental trees in this area include Dogwood and Bradford pear trees.

Outdoor storage. The keeping outdoors of any goods, materials, merchandise, equipment or vehicles in the same place for more than 24 hours whether for storage, display, processing or sale. Outdoor storage includes portable moving or storage containers and tractor trailers.

Outfall. The location where stormwater 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.

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

P Parcel. See “lot.”

Parking, bicycle. An area that is designed and marked for the purpose of securing bicycles in an upright fashion, using a locker or open framework that is permanently attached to the ground, floor, wall, or ceiling, and providing secure anchorage.

Parking space, off-street. An off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

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

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

Permanent stabilization (soil). When all soil disturbing activities at the site have been completed, and that a uniform and evenly distributed cover of perennial vegetation with a density of at least 90% has been established, without large bare areas, for unpaved areas of the site not covered by permanent structures.

Permit. The authorization necessary to conduct any land-disturbing or land development activity under the provision of this UDO.

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.

Pervious Paving. Materials used for surfacing parking lots and driveways such as porous concrete or modular porous paver systems that are designed to allow infiltration of stormwater and are consistent with Stormwater BMPs. Pervious paving areas are not considered as impervious surface areas for the purpose of calculating impervious surface coverage.

Pet or household pet. A domesticated animal such as a dog, cat, common cage bird, rodent, rabbit, ferret, or aquarium-kept fish, reptile, amphibian or turtle, which is traditionally kept in the home for companionship or pleasure rather than for utility or commercial purposes. This term specifically excludes livestock and wild animals.

Phase or phased. Subparts or segments of construction projects where the subpart or segment is constructed and stabilized before completing construction activities on the entire construction site.

Planned commercial/office/industrial development. A contiguous area or subdivision of land planned and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, office or industrial uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses (i.e., office park, shopping center, industrial park).

Planning and Development. See “Planning and Development Department.”

Planning and Development Department. The Planning and Development Department of the City of Snellville.

Planning Commission. The City of Snellville Planning Commission.

Planter. A zone adjacent to the curb intended for planting street trees and the placement of street furniture including light poles, litter receptacles, utilities, traffic signs, newspaper vending, bike racks, bus shelters, and similar items in a manner that does not obstruct pedestrian access or motorist visibility and as approved by the City.

Plat. A map indicating the subdivision, resubdivision, or recombination of land.

Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons;

automotive fluids; cooking grease; detergents (biodegradable or otherwise);

degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables;

pesticides, herbicides, and fertilizers; liquid and solid wastes; process wastewater and wash water; sewage, fecal coliform and pathogens; dissolved and particulate metals;

animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution. The contamination or other alteration of any water’s chemical, physical, 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.

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

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

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued before the adoption of this ordinance.

Preliminary plat. A drawing that shows the perimeter boundary, topography, lotting arrangements, street layout, and other features of a proposed subdivision, as specified in these regulations.

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

Principal building. A building built to fulfill the primary or predominant purpose for which a lot is occupied and/or used. Garages and parking decks serving more than one dwelling unit are considered principal buildings.

Principal permitted use. That use of a lot, which is among the uses allowed as a matter of right under the zoning classifications.

Private deed restrictions or covenants. Private deed restrictions or covenants are imposed on land by private landowners. They 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.

Procedure. For the purposes of Sec. 403-3 (Illicit Discharge and Illegal Connection), a procedure adopted by the Department of Planning and Development, by and through the Director, to implement a regulation or regulations adopted under said ordinance, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the City or other agencies.

Project.

Project access improvement. Any improvement or facility that is planned and designed to provide service or access for a particular project and which is necessary for the use and convenience of the occupants or users of the project and is not a system improvement. A project access improvement includes but is not limited to:

pedestrian access improvements; site driveways; new streets; median cuts; right turn lanes, left-turn lanes, acceleration lanes, and deceleration lanes made necessary to serve site driveways or new streets leading to or from the project; traffic control measures made necessary to serve site driveways or new streets; intersection improvements whose primary purpose at the time of construction is to provide access to the project; and, necessary right-of-way dedications required for any project access improvement.

Property line. See “lot line.”

Property owner’s association. A community association in which membership of all the owners of property within the subdivision holds title to certain common property, manages and maintains the common property and enforces certain covenants and restrictions. The association shall have the duty and authority to assess its members for such maintenance and improvements as set forth in the instrument creating the association.

Protected zone. All lands that fall outside of the buildable area of a lot, all areas of the lot required to remain in open space, and all areas required as landscaping strips according to the provisions of this UDO, or conditions of the zoning approval.

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

Public nuisance. A nuisance that damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals.

Public officer. As used in O.C.G.A. § 41-2-17, means the Director.

Public right-of-way. Any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.

Public sewer. A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.

Public Space. Certain types of developed land held in perpetual common or public ownership for the collective use of multiple property owners, maintained and made accessible for public use. Public spaces shall be defined as common area and regulated by this Ordinance, provided they are designed in general conformity with the applicable [UDO Design Guidelines] and owned by a public entity, homeowners’

association or property owners’ association. See also the terms “pocket park,”

“green,” “square,” “plaza,” “courtyard,” “pedestrian way,” and “greenway.”

R Recreation facility. A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

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

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

Replacement Density Factor (RDF). The density of new trees to be planted on a site.

Residential area. A residential district or a lot used for residential purposes.

Residential district. A zoning district in Chapter 200 Article 2 (Residential Districts).

Residential subdivision. A development made up entirely of single-family detached and/or two-family dwellings.

Residential use. Any use defined in Sec. 206-3 (Residential Uses).

Responsible party. In the context of enforcement procedures, a person (as defined above) who is alleged to have committed, caused, continued or created a violation of the terms, requirements, regulations, or provisions of these regulations whether as a direct act, through lack of action or neglect, or at the direction of or on behalf of others. A responsible party may be the owner of the premises where a violation has occurred; an occupant whether through ownership, lease or other tenancy; a contractor, builder or developer; an agent of or person otherwise acting on behalf of the aforementioned parties; or other person acting in violation of these regulations.

Retention. The storage of stormwater runoff and controlled release of such runoff during and after a flood or storm.

Revegetation. The replacement of trees and landscape plant materials into the minimum required landscape areas, as determined by this UDO or conditions of zoning approval.

Right-of-way, public. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, sidewalk, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses; right-of-way is not generally part of adjacent lots and usually coincides with adjacent lot lines.

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

Road frontage. The distance, measured in a straight line, from the two furthest property corners located on the same public right-of-way, excluding out lots.

Road. See “Street, public.”

Roadway drainage structure. A device such as a bridge, culvert or ditch, composed of a virtually nonerodible 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 way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Roadway. The paved portion of a street from the back of the curb to the back of the curb (or the edge to edge of the pavement for streets without curbs) but excluding driveway aprons, bridges, and large single and multi-cell culverts which in a hydrologic sense can be considered to function as a bridge.

Roofed Accessory Structure. See “Accessory Building.”

Rubbish. Discarded waste paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, cans, glass, crockery, dunnage, and/or similar materials.

Runoff. Stormwater runoff.

Runoff coefficient. The ratio of runoff to rainfall.

S Sanitary sewer. A sewer which carries sewage and to which stormwaters, surface waters, and groundwaters are not intentionally admitted.

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

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.

Setback See “yard.”

With respect to a stream, the area established by Sec. 403-1 (Stream Buffer Protection) extending beyond any buffer applicable to the stream.

Sewage. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

Sewer. A pipe or conduit for carrying sewage.

Sewer system. All public sanitary sewer facilities for wastewater collection and treatment and other support facilities required for system operation.

Shopping center: A group of commercial uses (which may include craft manufacturing) with a site and building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, owned and managed as a unit related in location, size, and type of shops to the trade area that the unit serves, and providing on-site parking in definite relationship to the types and sizes of stores services (laundry, dry cleaning, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, and is usually built around a supermarket which is the principal tenant.

Shrub. A woody plant that is never tree-like in growth habit and produces branches or shoots from or near the base.

Sign. Any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, movement, or illumination.

Single-family detached residential district. A zoning district beginning with “RS.”

Site plan. The plan required to acquire a development, construction or building permit which shows the means by which the developer will conform with applicable provisions of this UDO and other applicable ordinances.

Site. See Sec. 201-1.1 (Sites).

Site work. Development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading, and installation of soil sedimentation and erosion control facilities.

Sketch plan. See “concept plan.”

Softwood tree. Any coniferous (cone-bearing) tree. The term softwood is based on the colloquialism and does not reflect any true qualities of the tree.

Solid Waste. Putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations.

Special flood hazard area. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This includes all floodplain and flood-prone areas at or below the base flood elevation (including A, A1-30, A-99, AE, AO, AH, and AR on the FHBM or the FIRM), all floodplain and flood-prone areas at or below the future conditions flood elevation, and all other flood-prone areas as referenced in Sec. 403-4 (Flood Protection). All streams with a drainage area of 100 acres or greater must have the area of special flood hazard delineated. In the absence of official designation by the Federal Emergency Management Agency, Special Flood Hazard Areas may be those designated by the local community and referenced in Sec. 403-4 (Flood Protection).

Special tree. Any tree, which qualifies for special consideration for preservation due to its size, type, and condition as defined in this article.

Special use. A use which while not permitted as a matter of right may be allowed within a given zoning district when meeting standards as prescribed by this UDO.

Special land uses have operational characteristics and/or impacts that are significantly different from the zoning district's principal authorized uses and therefore require individual review pursuant to the standards and criteria set forth in this UDO.

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

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

Start of construction. Start of construction includes substantial improvement, and means 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 a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or, the placement of a manufactured home on a foundation. Permanent construction does not include 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 buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or not 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 stormwater 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. § 1251 et seq., and subsection (f) of O.C.G.A. § 12-5-30.

State. The State of Georgia.

State route. A road under the jurisdiction of the State of Georgia as defined in O.C.G.A. § 32-1-3.

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

Stealth technology. A method of concealing or reducing the visual impact of wireless support structures, including small cell wireless support structures, antennas, and small cell technology, by use of incorporating features or design elements of the installation which either totally or partially conceals the structure;

achieves the result of the structure blending into the surrounding environment; or otherwise minimizes the visual impact of the structure.

Stop work order. An order to cease and desist building, development, and land disturbing that is issued by the Department of Planning and Development pursuant to the requirements of this UDO and the International Construction Code.

Storefront Street. A public or private street intended for a higher standard of design and walkability. Storefront streets include Oak Road (that portion within the TCO District), Wisteria Drive, Clower Street, Hugh Drive, and other streets specifically designated through a condition of rezoning.

Storm sewer and storm drain. A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

Stormwater. For the purposes of Sec. 403-3 (Illicit Discharge and Illegal Connection), any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, but which also includes:

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

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

Stormwater management design manual. The most recent version of the Gwinnett County Storm Water Design Manual.

Stormwater management facility. Any infrastructure that controls or conveys stormwater runoff.

Stormwater management measure. Any stormwater management facility or nonstructural stormwater practice.

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

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

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

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

Story. Occupiable space of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A bonus room constructed above a garage serving a single-family residence does not constitute a story.

Story, Above Average Grade. Any story with its finished floor surface entirely above average grade, or in which the finished surface of the floor next above is:

Stream. Any natural running water flowing continuously or intermittently in a channel on or below the surface of the ground, beginning at:

or

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

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

Stream, perennial. A watercourse with a source, terminus, banks, and channel through which water flows on a continuous basis as depicted on the most recent United States Geological Survey 7.5-Minute Quadrangle Map (scale 1:24,000).

Stream protection area. The combined areas of all required buffers and setbacks applicable to such stream.

Streamer. Any long, narrow flag, banner, tinsel or roping which is hung or strung from any structure to another structure or the ground.

Street. A right-of-way for vehicular traffic that affords the principal means of access to abutting properties. The various classifications of streets are defined as follows:

Street, local non-residential. A surface street intended primarily to provide local access to adjacent existing or planned commercial or industrial development and not for through traffic.

Street, local residential. A surface street intended primarily to provide local access to adjacent residential development and not for through traffic.

Street, private. An access way similar to and having the same function, design, and construction standards as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway").

Street, public. A right-of-way dedicated to and accepted by the City of Snellville or other governmental entity with jurisdiction for vehicular traffic or over which the City may hold a prescriptive easement for public access, and including designated and numbered U.S. highways and State routes. For the purposes of this UDO, the term "public street" is limited to those which afford or could afford a direct means of vehicular access to abutting lots and excludes limited access roadways which abut a lot but from which direct access may not be allowed under any circumstances.

Structural/erosion and sedimentation control measures. 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 sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, etc. Such measures 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, the use of which requires a location on, above, or below the surface of land or water, or attached to something with a location on, above, or below the surface of land or water.

Stub-out Street. A street, usually relatively short in length, which terminates at the boundary of a site and is ultimately intended to connect to a street on the abutting site when said abutting site is developed.

Stucco, true hard coat. A material usually made of Portland cement, sand, and a small percentage of lime, and applied in a plastic state to form a hard covering for exterior walls. The term specifically excludes EIFS.

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

Subdivision. Any division or re-division of a lot, regardless of its existing or future use, into two or more lots.

Substantial building permit. A non-residential building permit issued by the City of Snellville with a total value in excess of the Gwinnett County Tax Assessor's 100% assessed value of the existing improvements only. The aggregate value of all building permits issued to the property over the previous 12 months shall be included in this calculation.

Subdivision entrance. A public street, or publicly approved private street, that provides access to subdivided lots.

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

Substantially improved existing manufactured home parks or subdivisions.

Such use where the repair, reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement to a structure, taking place during a 10-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure before the improvement. The market value of the building means:

This term includes structures which have incurred “substantial damage, “regardless of the actual repair work performed. The term does not, however, include those improvements of a structure required to comply with existing State or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, which have been identified by the Director. The term does also not include any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

Swimming pool. Any structure intended for swimming, recreational bathing or wading that contains water over 18 inches deep including in-ground, above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools.

System improvement. Any improvement or facility such as streets, bridges, or rights-of-way identified on the long-range road classification map (i.e. "the system"), and any traffic control measures, landscaping or other features to same, that is included in the Comprehensive Plan and which is further designed to provide service to the community at large.

T Temporary use permit. Written authorization by the Director for the applicant to engage in a temporary use at a specified, fixed location meeting all requirements for the temporary use permit.

Tie point. The point of reference for a boundary survey. Said point of reference shall be an established, monumented position, which can be identified or relocated from maps, plats, or other documents on the public record.

Toilet room. A room containing a water closet or urinal but not a bathtub or shower.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Townhome. A one-family dwelling unit in a row of at least three attached 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.

Trailer (motor homes). A vehicle, including a motor home, designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, with no foundation other than wheels or jacks.

Trailer park (camper). A site used solely for the rental or lease of lots for transient campers, trailers, motor homes or temporary parking of any other recreational vehicle that is not a mobile home.

Trash. Combustible and noncombustible waste material, except garbage, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, bricks, lumber, concrete, mineral matter, glass crockery, and including the residue from the burning of wood, coal, coke or other combustible material.

Tree. Any self-supporting, wood perennial plant which at maturity attains a trunk diameter of 4 inches or more measured at a point 4½ feet above the ground level and which normally attains a height of at least 25 feet at maturity, usually with one main stem or trunk and many branches.

Tree, hardwood. Any tree that is not coniferous (cone-bearing) or needle bearing.

Tree, mid-canopy. A tree that normally attains a DBH of 10-25 inches and a height of 30-60 feet at maturity. Examples include Blackgum, European Hornbeam, Chinese Elm, and Laurel.

Tree, overstory. A tree that composes the top layer or canopy of vegetation and will generally reach a mature height of greater than 40 feet.

Tree, softwood. Any coniferous (cone-bearing) tree.

Tree, understory. A tree that normally attains a DBH of less than 10 inches and a height of less than 30 feet at maturity. Examples include Serviceberry, Redbud, Dogwood, and Fringetree.

Tree debris. The remains of a broken down or destroyed tree including whole trees, tree stumps, tree branches, and tree trunks.

Tree density unit/factor. A unit of measure used to prescribe and calculate required tree coverage on a site. Unit measurements are based upon tree size.

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

Tree, heritage. Any tree that is in fair or better condition with a 10-year minimum life expectancy and meets the following size criteria:

Tree type Size requirements Large hardwoods 40-inch DBH or greater Large softwoods 42-inch DBH or greater Small native flowering 16-inch DBH or greater Tree preservation and/or replacement plan (TP/RP). A plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree preservation/replacement plan. A plan that identifies tree protection areas, existing trees to be preserved and proposed replacement trees to be planted on a property to meet minimum requirements of the tree preservation ordinance, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree protection area. Any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the buffer requirements of this UDO.

Tree protection plan. A plan that identifies tree protection areas, existing trees to be preserved, and methods of tree protection to be undertaken on a property to meet the minimum requirements of the tree preservation ordinance. The plan must be prepared and sealed by a Georgia Registered Landscape Architect, certified arborist, or registered forester and shall include (at a minimum): tree survey; definition of spatial limits; detail drawings of tree protection measures; tree density calculations;

and procedures and schedules of implementation, installation, and maintenance of tree protection measures.

Tree protection zone. The area between the trunk of a tree identified for preservation and the tree protection fencing. No construction activity shall take place inside of a tree protection zone, including but not limited to, trenching, grading, paving, construction of buildings and other structures, staging of equipment and materials, and parking vehicles.

Tree, specimen. Any tree that is in fair or better condition with a 10-year minimum life expectancy and meets the following size criteria:

Tree type Size requirements Large hardwoods 28-inch DBH or greater Large softwoods 30-inch DBH or greater Small native flowering 10-inch DBH or greater Tree survey. A to-scale map or site plan, prepared and sealed by a Georgia Registered Landscape Architect, certified arborist, Georgia Registered Forester, Georgia Registered Surveyor, or Georgia Registered Professional Engineer, showing the location of all specimen trees, labeled with their size and species, CRZ delineated and the spot elevation at the base of their trunk must be indicated. Trees must be labeled in a way to determine if they are intended for removal or preservation. All trees with a DBH of 12 inches or larger shall be located and their size and species shall be indicated.

Tree topping. The removal of tree limbs, branches, or stems by cutting at the internodes and resulting in the failure of the tree to assume a typical dominance.

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

Trout streams. All streams or portions of streams within the watershed, as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout.

Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year.

First order trout waters are streams into which no other streams flow except springs.

U Undeveloped land. A lot that has less than 100 square feet of impervious surface.

Undisturbed. Land in its natural state of vegetation.

Unfinished space. Enclosed space within a building or structure which requires additional construction to render the space suitable for human occupancy in accordance with the applicable codes.

Use. The purpose or purposes for which land or building is designed, arranged, or intended, or to which said land or building is occupied, maintained or leased.

Utility. A public or private water or sewer piping systems, 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.

V Variance. A grant of relief from a requirement of this UDO.

Vegetation. All plant growth, especially trees, shrubs, vines, ferns, mosses, and grasses.

Vegetative erosion and sedimentation control measures. Technical measures approved within the Georgia Manual for Erosion and Sediment Control for the stabilization of erodible or sediment-producing areas.

Violation. For the purposes of Sec. 403-4 (Flood Protection), the failure of a structure or other development to be fully compliant with the requirements of said ordinance.

A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required of Sec. 403-4 (Flood Protection) is presumed to be in violation until such time as that documentation is provided.

Visual quality. The appropriate design, arrangement, and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

W Wall: See “fence.”

Wall plate. A structural member consisting of a horizontal beam that provides bearing and anchorage for the joists or roof rafters above it.

Water quality. The chemical, physical, and biological characteristics of the State’s public utilities.

Water quantity. The volume of runoff which is not entirely confined and retained completely upon a lot.

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. A drainage area or basin in which all land and water areas drain or flow toward a downstream collection area such as a stream, river, lake or reservoir.

Weeds. All rank vegetative growth including but not limited to kudzu, poison ivy, jimsonweed, burdock, ragweed, thistle, cocklebur, dandelion, plants of obnoxious odors, or other similar unsightly vegetative growths; however, this term shall not include cultivated flowers, fruits and vegetables, and gardens.

Wetlands. Those areas that are inundated or saturated by surface or groundwater 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.

Wild Animal. Any living member of the animal kingdom, excluding livestock and household pets.

Y Yard. An open space between a lot line and any principal structure from the ground upward, except as otherwise provided in this UDO. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum distance between the lot line and the principal building must be used measured perpendicular to the applicable lot line. See Sec. 201-1.4.B (Measurement of Building Setbacks).

Yard, front. An open space situated between the front lot line and any principal structure extending the full width of the lot.

Yard, rear. An open space situated between the rear lot line and any principal structure extending the full width of the lot.

Yard, side. An open space situated between the side lot line or an existing or proposed street right-of-way and any principal structure extending from the required front yard to the required rear yard. Side yards adjacent to a street are considered side (street) yards; those not are side (interior) yards.

Yard trimmings. Leaves, brush, grass clippings, pruned shrub and tree debris, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscape development and maintenance other than mining, agricultural and silvicultural operations.

V Zoning buffer. A buffer required by Sec. 207-2.1 (Buffers) or as a condition of zoning, special use of variance approval for a specific property.

Zoning ordinance. Those articles and definitions of this UDO that constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. See Sec. 101-1.6 (Zoning Compliance Law).

Chapter 100. General Provisions Administration Table of Contents

        General ........................................................................................ 100-63

103-1.1. UDO Administration ..................................................................................... 100-63

103-1.2. Fees ............................................................................................................. 100-63

103-1.3. City Employees ............................................................................................ 100-64

        Enforcement................................................................................. 100-65

103-2.1. Inspection and Right of Entry ...................................................................... 100-65

103-2.2. Violations ..................................................................................................... 100-66

103-2.3. Emergency Work ......................................................................................... 100-66

103-2.4. Enforcement Procedures ............................................................................. 100-67

103-2.5. Legal Penalties and/or Remedies................................................................. 100-68

        Land Disturbance Permits ............................................................ 100-69

103-3.1. General ........................................................................................................ 100-69

103-3.2. Clearing, Clearing and Grubbing, and Grading ............................................ 100-70

103-3.3. Development Permit.................................................................................... 100-73

        Building Permits ........................................................................... 100-75

103-4.1. Permit Required........................................................................................... 100-75

103-4.2. Application................................................................................................... 100-75

103-4.3. Certificate of Occupancy ............................................................................. 100-75

Certificates of Occupancy .......................................................................................... 100-76

103-4.5. Applicable Codes ......................................................................................... 100-76

103-4.6. Health Department, On-Site Sewage Disposal............................................. 100-76

103-4.7. Single-Family Detached and Two-Family Dwellings ..................................... 100-76

103-4.8. Swimming Pools........................................................................................... 100-76

103-4.9. Multifamily and Nonresidential Structures................................................... 100-77

103-4.10. Issuance on Buildable Lots of Record, Exceptions ..................................... 100-77

        Review Procedures....................................................................... 100-79

103-5.1. General ........................................................................................................ 100-79

103-5.2. Traffic Impact Analysis ................................................................................ 100-82

103-5.3. Subdivision Review ...................................................................................... 100-85

103-5.4. Non-Subdivision Review .............................................................................. 100-89

103-5.5. Assignment of Names, Addresses................................................................ 100-92

103-5.6. Initiation of Development ............................................................................ 100-94

103-5.7. Approval of Development ............................................................................ 100-96

103-5.8. Closeout and Maintenance .......................................................................... 100-97

Plans and Plats ............................................................................. 100-99

103-6.1. General ........................................................................................................ 100-99

103-6.2. Concept Plan Specifications......................................................................... 100-99

103-6.3. Subdivision Development Plans................................................................. 100-101

103-6.4. Final Plat Specifications ............................................................................. 100-106

103-6.5. House Location Plan .................................................................................. 100-111

103-6.6. Residential Drainage Plan or Study ........................................................... 100-112

103-6.7. Site Development Plans............................................................................. 100-114

103-6.8. Tree Ordinance Plans................................................................................. 100-119

103-6.9. Buffer and Landscape Plans ...................................................................... 100-119

Board of Appeals ........................................................................ 100-120

103-7.1. Proceedings ............................................................................................... 100-120

103-7.2. Powers and Duties ..................................................................................... 100-120

103-7.3. Administrative Decision Appeals ............................................................... 100-122

103-7.4. Reapplication ............................................................................................. 100-123

103-7.5. Appeals...................................................................................................... 100-123

Administrative Variances ........................................................... 100-123

103-8.1. General ...................................................................................................... 100-123

103-8.2. Criteria for Approval .................................................................................. 100-124

Amendments .............................................................................. 100-125

103-9.1. Applicability ............................................................................................... 100-125

103-9.2. General ...................................................................................................... 100-125

103-9.3. Initiation of Amendments .......................................................................... 100-125

103-9.4. Application Requirements.......................................................................... 100-126

103-9.5. Department Study ..................................................................................... 100-130

103-9.6. Planning Commission Action...................................................................... 100-130

103-9.7. City Council Public Hearing........................................................................ 100-130

103-9.8. Public Notification ...................................................................................... 100-131

103-9.9. Rezoning Condition Alteration ................................................................... 100-132

103-9.10. Order of Amendments ............................................................................. 100-132

103-9.11. Failure to Implement Plans ...................................................................... 100-132

103-9.12. Evaluation of Amendments...................................................................... 100-133

103-9.13.  Appeals.................................................................................................... 100-133

           Special Use Permits.................................................................. 100-134

103-10.1.  General .................................................................................................... 100-134

103-10.2.  Application Requirements........................................................................ 100-134

103-10.3.  Review Criteria ........................................................................................ 100-135

103-10.4.  Review Process ........................................................................................ 100-135

103-10.5.  Appeals.................................................................................................... 100-136

103-10.6.  Following Approval .................................................................................. 100-136

           Nonconformities ....................................................................... 100-138

103-11.1.  Purpose.................................................................................................... 100-138

103-11.2.  Nonconforming Lots of Record ................................................................ 100-138

103-11.3.  Nonconforming Uses................................................................................ 100-138

103-11.4.  Nonconforming Buildings and Structures ................................................ 100-139

103-11.5.  Nonconforming signs ............................................................................... 100-139

103-11.6.  Uses Under Prior Special Use Permits and Rezoning with Conditions ...... 100-140

103-11.7.  Repairs and Maintenance ........................................................................ 100-140