§ 66-82. Words and terms defined.

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

Accessory building means a secondary residence, garage, or other building or structure subordinated to and not forming an integral part of the main or principal building on a lot or parcel, but pertaining to the use of the main building.

Alley means a secondary way that affords access to the side or rear of abutting property.

Applicant means the owner of land proposed to be subdivided or his representative.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities or counties.

Bond means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the board of commissioners. All bonds shall be approved by the board of commissioners wherever a bond is required by this chapter.

Buildable area means that portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located, once the various front, side and rear yard requirements required for the land use have been subtracted from the total area.

Building means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.

Building line means a line beyond which no foundation wall or part of the structure of any building shall project, with the exception of the overhang and the subsurface projection of footings.

Building site means the ground area of a building, together with all open spaces surrounded by such building.

Building and zoning official means one or more persons, officers or officials, or their authorized representative, whom the county manager has appointed to administer and enforce individually, or collectively, the building code, this chapter, and the zoning ordinance (appendix A to this Code).

County engineer means a registered, professional engineer who may be on the staff of the county or may be a private consultant contracted by the county.

Dedication plat means a plat that indicates property to be dedicated for public right-of-way or land for public use. A dedication plat is considered a minor subdivision.

Developer means any person intending to, engaging in, or having engaged in development, as defined by this ordinance, including a developer's agent and successors of interest.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Development includes the process of preparing land and installing improvements for subdivisions or land development and may be considered in the past, present, or future tense. Development includes "major development" and "minor development" as defined in this chapter.

Development plan means any plan containing substantial information required to be filed by this chapter, which shows how the property to be affected by the development will be changed and improved in a specific manner, including the installation of streets and utilities and the erection of buildings and structures, among other specific requirements. Development plans include sketch and preliminary development plans for major developments approved by the planning commission and board of commissioners, as well as, development plan approval by the zoning administrator for "minor development" as defined in this chapter.

Easement means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasipublic purpose and within which the owner of the property shall not erect any permanent structures.

Final plat means a final drawing of a subdivision and, as applicable, dedication, prepared for filing for record with the Clerk of the Screven County Superior Court, and containing all elements and requirements set forth in this chapter. A final plat is required for both "major" and "minor" subdivisions.

Fire hydrant means an M&H Valve and Fitting Company, Traffic Model 129 dry barrel hydrant of breakaway construction or prior approved equivalent. The fire hydrant barrel opening shall meet specifications for a 4½-inch streamer connection that shall face the pavement and two 2½-inch hose connections, with not less than a six-inch connection to the service main.

Flag lot means a tract or lot of land of uneven dimensions in which the portion fronting on a street or access right-of-way is less than the required minimum width for construction of a building or structure on that lot as required by county zoning ordinance; or a tract or lot of land which has two lot lines more or less paralleling one another with a width between them that is considerably less wide than the remaining or rear portion of said lot.

Floodprone areas means the land that is usually flooded whenever a rise in the water level of a creek, stream, river or other body of water is experienced. That land adjacent to a creek, stream, river channel, canal or other body of water that is designated as a floodplain or floodprone area by a governmental agency.

Frontage means that side of a lot abutting on a street or way ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.

Governing authority means the board of commissioners.

Grade means the slope of a road, street, or other public way, specified in percentage terms from the horizontal.

Health department means the county health department.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.

Intra-family land transfer means the transfer of the ownership of land to a "family member" as defined in the county zoning ordinance and which meets applicable provisions of this chapter and the zoning ordinance. An intra-family land transfer is considered a "minor subdivision" for purposes of this chapter and, regardless of the number of lots therein, can be processed by filing a final plat for approval of the zoning administrator as a minor subdivision.

Lot means the basic development unit: an area with fixed boundaries, used or intended to be used by one building and its accessory buildings and not divided by any public highway or alley.

Lot area means the total area of the lot including easements.

Lot, corner, means a lot situated at the intersection of two streets. The interior angle of such intersection shall not exceed 135 degrees.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having frontage and access of two or more public streets. A corner lot shall not be considered having double frontage unless it has frontage and access on three or more streets.

Lot frontage means the width in linear feet of a lot where it abuts the right-of-way of any street.

Lot improvements means any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

Lot, interior, means a lot other than a corner lot.

Lot of record means a lot which is part of a subdivision approved in accordance with this chapter, a plat of which has been lawfully recorded in the records of the clerk of the county superior court; or a parcel of land, the deed of which was lawfully recorded in the same office prior to June 10, 1997.

Lot, reversed frontage, means a lot having frontage on two or more public streets, the access of which is restricted to one street.

Lot width means the mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building line), especially on irregularly shaped lots.

Major development includes but is not limited manufactured home parks, apartment complexes, condominiums, planned unit developments, and institutional, commercial, and industrial developments, or any other development determined by the zoning administrator as not meeting the definition of minor development, where the site is not subdivided into lots and public streets and is retained in one ownership.

Major subdivision means any subdivision of land of six or more lots, or a subdivision with fewer than six lots but which involves the construction of a public or private street to serve lots created as part of a subdivision. For purposes of determining the number of lots, when a subdivision involves a re-subdivision of an existing lot that was approved part of a subdivision recorded after June 10, 1997, the zoning administrator shall count all lots that were included in the subdivision recorded after June 10, 1997. For example, if an applicant wants to split a single lot into two lots, and that single lot was part of a five-lot subdivision platted after June 10, 1997, the application is a major subdivision because it results in six lots. This definition is intended to avoid consecutive minor subdivision platting without (or to avoid) installing improvements required by this ordinance for major subdivisions, which defeats the objectives of this chapter.

Manufactured home means a dwelling unit fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 USC 5401 et seq. (the HUD Code, which became effective on June 15, 1976), and meeting the development standards for the zone in which located.

Master plan means the Screven County Comprehensive Plan, 1993-2015 (March 9, 1993), prepared and adopted by the board of commissioners, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan or parts thereof.

Minor development means a development, a plan of which has been approved by the zoning administrator and which does not require approval by the planning commission, including any of the following:

(1)

The development of a single-family residence or manufactured home on an existing individual lot, not involving the subdivision of land.

(2)

The preparation of land for the addition of building space of 1,000 square feet or less or the addition of building space up to 25 percent of existing building space on an existing individual lot, neither of which involves the subdivision of land.

(3)

Modifications to development plans that received prior approval by the planning commission which are determined by the zoning administrator to be minor in nature and where such modifications are consistent with the preliminary plan approved by the planning commission, on an existing individual lot, not involving the subdivision of land.

(4)

Any land development which is exempt from the requirements of the Screven County Soil Erosion and Sedimentation Control Ordinance, or in lieu of adoption of such local ordinance, the Georgia Soil Erosion and Sedimentation Control Act (O.C.G.A. 12-7-1 et seq.)

Minor subdivision means a division of property into five lots or less, the final plat which has been approved by the zoning administrator and which does not require approval by the planning commission, and which also includes any of the following:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are at least equal to standards set forth in this chapter and the county zoning ordinance. Provided, however, that this provision shall not be construed to prevent the replatting or reconfiguration of a nonconforming lot so long as the nonconformity is not increased (i.e., the lot cannot be made smaller or narrower than existed prior to subdivision).

(2)

The division of a parcel or lot into five or less lots, where no new street is involved. For purposes of this definition, the number of lots shall be determined on the basis of and shall include all lots in the subdivision as it existed on June 10, 1997 (i.e., the date of adoption of this chapter). For example, if an applicant wants to split a single lot into two lots, and that single lot was part of a five-lot subdivision platted after June 10, 1997, the application is a major subdivision because it results in six lots. This definition is intended to avoid consecutive minor subdivision platting without (or to avoid) installing improvements required by this ordinance for major subdivisions, which defeats the objectives of this chapter.

(3)

An intra-family land transfer, as defined by this ordinance and as regulated per section 66-292(a)(3) of this chapter.

(4)

A dedication plat as defined by this ordinance.

Off-site means any premises not located within the area of the property to be subdivided whether or not in the same ownership of the applicant for subdivision approval.

Owner means any person, group of persons, firm, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under this chapter.

Parking, off-street, means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street arranged so that no maneuvering incidental to parking shall be on any public street and so that an automobile may be parked or unparked therein without moving any other automobiles.

Planning commission means the county planning commission.

Preliminary plan means a drawing of a major development which shows the proposed layout of a major development in sufficient detail to indicate its general design, which is submitted to the planning commission following sketch plan approval and required to be approved by the planning commission prior to the commencement of land development activities, or the installation of utilities and improvements, or the erection of buildings. Approval of a preliminary plan by the planning commission shall authorize a developer to submit detailed development plans for approval by the zoning administrator in accordance with the approved preliminary plan.

Preliminary plat means a drawing of a major subdivision which shows the proposed layout in sufficient detail to indicate its general design, which is submitted to the planning commission following sketch plan approval and required to be approved by the planning commission prior to the commencement of land development activities, or the installation of utilities and improvements, or the erection of buildings. Approval of a preliminary plat by the planning commission and board of commissioners shall authorize a developer to submit detailed development plans for approval by the zoning administrator in accordance with the approved preliminary plat.

Public improvement means any drainage ditch, roadway, parkway, sidewalk pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Registered engineer means an engineer properly licensed and registered in the state.

Registered land surveyor means a land surveyor properly licensed and registered in the state.

Reserve strip means a strip of land adjacent to a public street or similar right-of-way which has been reserved for the purpose of controlling access to the public way.

Right-of-way line means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use and owned by a county or municipality.

Setbacks means the required distance between a structure and the lot lines on the lot in which it is located. Lot lines can be the property lines or the edge of a street right-of-way.

Screening means either a strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a yearround dense screen at least six feet high; or an opaque wall or barrier or uniformly painted fence at least six feet high.

Sketch plan means a generalized drawing which shows the conceptual layout of a major development. Its purpose is to serve as a basis for discussion without either the planning commission or the developer making commitments.

Sketch plat means a generalized drawing which shows the conceptual layout of a major subdivision. Its purpose is to serve as a basis for discussion without either the planning commission or the developer making commitments.

Street means, relates to, and includes the entire right-of-way of streets, avenues, boulevards, roads, highway, freeways, lanes, alleys, courts, thoroughfares, collectors, minor streets, culs-de-sac, and other ways.

Street or road, arterial, means a road that is on the state highway system and is designated by a state route number. Such a street primarily serves the purpose of moving traffic through the county.

Street or road, collector, means a road that is not on the state highway system. Such a road would usually serve to distribute traffic from individual lots to arterial streets or roads. They may also connect neighborhoods with one another.

Street or road, local, means a road that serves adjacent property by providing access to the road network. A local street or road is characterized by short trips, low speeds, and small traffic volumes. The design of this type of road should be toward eliminating through traffic.

Street, cul-de-sac, means a short local street having but one end open for vehicular traffic, the opposite end terminating with a permanent turnaround.

Street, marginal access, means a minor service street which parallels and which is immediately adjacent to an arterial street (frontage road).

Street perimeter means any existing street to which the parcel of land to be subdivided abuts one side.

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Subdivider means any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or, directly or indirectly, sells, leases, or develops or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.

Subdivision shall mean a division of a tract or parcel of land into two (2) or more lots.

Use means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

Waterfront means any site shall be considered as waterfront property, provided that any or all of its lot lines abut on or are contiguous to any body of water including creek, canal, river or any other body of water, natural or artificial, including marshland, not including a swimming pool, whether such lot line is front, rear or side.

Yard means a required open space on a lot that is left unoccupied with structures and facilities, except as permitted in this chapter. A yard may also be known as a setback.

Yard, front, means the open space on a lot located between the right-of-way boundary of the abutting street and the front building line as extended to the lot lines to either side. Any yard lying between an abutting street and the building line is considered a front yard. For example, in the case of a corner lot which is abutted on two sides by streets, both yards abutting the streets would be front yards; setbacks and other developments standard for front yards would apply to both of these yards.

Yard, rear, means the open space located between the rear property line and the rear building line as extended to the side lot lines.

Yard, side, means the open space located between the side property line and the side building lines as extended to the front and rear lot lines.

Zoning ordinance means an officially adopted ordinance that regulates the manner, type, size and use to which a piece of property may be put.

(Ord. No. 97-08, § 3.2, 6-10-1997; Ord. of 11-9-2004(1), §§ 3, 4)

Cross reference

Definitions generally, § 1-2.