§ 105. Definitions.

Access: A way or means of approach to provide physical entrance to a property.

Buffer: A strip of land located between a side or rear property line and a building, structure, or use, intended to separate and obstruct the view of the site on which the buffer is located from an abutting property; a strip of land between a stream or other natural feature and a building, structure, or use, intended to protect the stream or other natural feature.

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

Building coverage: The horizontal area measured within the outside of the exterior walls of the ground floor (i.e., "footprint") of all principal buildings, accessory buildings, and accessory structures on the lot, not including steps, terraces, and uncovered porches.

Building coverage, maximum: The greatest percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor (i.e., "footprint") of all principal and accessory buildings and structures on the lot, not including steps, terraces, and uncovered porches.

Building floor area: The gross floor area of all heated spaces within a building. Heated floor area does not include garages, unheated basements, attic storage areas or partially enclosed decks or patios. Gross floor area comprises the area within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of area open and unobstructed to the sky.

Building, accessory: A building subordinate to the main building on a lot and used for purposes incidental to the main or principal building and located on the same lot therewith.

Building, principal: A building in which is conducted the principal use of the lot on which said building is situated. In any residential zoning district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which same is situated, unless otherwise specifically provided in this UDC.

Comprehensive plan: The Comprehensive Plan for Jackson County, adopted by the Jackson County Board of Commissioners, as readopted or amended from time to time in accordance with the Georgia Planning Act of 1989 and administrative rules of the Georgia Department of Community Affairs. Comprehensive plan also broadly includes any other functional plans adopted by the Jackson County Board of Commissioners pertaining to land use, transportation, community facilities, natural and historic resources, and the environment.

Condition of zoning or use approval: A requirement adopted by the Jackson County Board of Commissioners at the time of approval of a rezoning, or conditional use; placing greater or additional requirements or restrictions on the property than provided in this UDC to reduce an adverse impact of the request and to further protect the public health, safety, or general welfare.

Cul-de-sac: A paved area terminating a cul-de-sac street, provided for the purpose of enabling vehicles to reverse direction while driving continuously in a forward but circular manner.

Cul-de-sac street: A street having one end open to traffic and the other end terminated with a turnaround.

Density: The quantity of building per unit of lot area; for example, the number of dwellings per lot area (gross square foot or per acre).

Development:

(1)

A land development project involving the construction of streets, utilities, buildings, or other improvements required for the habitation or use of property, such as a residential neighborhood, an apartment complex, a store, or a shopping center;

(2)

Any manmade 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;

(3)

The act of constructing or carrying out a land development project, including the alteration of land or vegetation in preparation for construction activity.

Dwelling: A building or portion of a building arranged or designed to provide living quarters for one or more families or households on a permanent or long-term basis.

Dwelling, single-family detached: A residential building, whether site-built or a manufactured home or an industrialized building, designed for occupancy by one family or household and which is not attached to any other separate dwelling unit.

Floor: The top surface of an enclosed area in a building, from the top of slap in concrete slab construction or top of wood flooring in wood frame construction, to the top of ceiling of enclosed area.

Floor-area ratio (FAR): The ratio of the floor area of a building to the area of the lot in which the building is located.

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

Governing body: The Jackson County Board of Commissioners.

Height of building: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Grade is defined as the average elevation of the ground on all sides of a building.

Height of structure: For all structures other than buildings, height shall be the vertical distance to the highest point of a structure, as measured from the average grade at the base of the structure or directly below a projecting structure.

Landscaped open space: That portion of a given lot, not covered by buildings, parking, access and service areas, or detention ponds, that is designed to enhance privacy and the amenity of the development by providing open spaces and/or landscaping features, screening and buffering for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Landscaped open space may include, but need not be limited to, grass lawns, decorative planting, berms, walls and fences, pervious walkways, ornamental objects such as fountains, statues and other similar natural and man-made objects, wooded areas, and water courses, any or all of which are designed and arranged to produce an aesthetically pleasing effect within the development.

Landscaping: Shrubs, vines, turf, ground cover and other landscape materials which are utilized to enhance the aesthetic and functional qualities of a site.

Lot: A parcel or tract of land held in single ownership.

Lot area: The total horizontal area included within lot lines. Street rights-of-way shall not be considered a part of a lot for the purpose of meeting the minimum requirements of this UDC.

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

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

Lot line, front: Any boundary line of a lot that abuts a street right-of-way line. A lot adjacent to more than one street will have more than one front lot line.

Lot line, rear: Any boundary line of a lot that does not intersect with a public street right-of-way line and is not a front lot line.

Lot line, side: Any boundary line of a lot that intersects with a public street right-of-way line and is not a front lot line.

Lot of record: A lot which is part of a subdivision lawfully recorded in the plat books of the office of the Clerk of the Superior Court of Jackson County, Georgia, or a lot described by metes and bounds, the description of which has been lawfully recorded. A tax parcel is not necessarily a lot of record. A lot of record may not conform to the requirements of this UDC, in which case it is a nonconforming lot of record. A lot shall not be considered a lot of record if it is:

(1)

Described in a deed recorded in the county deed books with reference to an attached boundary survey or plat that has not been recorded in the plat books;

(2)

Not described in a deed recorded prior to the original adoption of zoning and subdivision regulations in Jackson County.

Lot width: The distance, in feet, measured across the lot between side lot lines. The lot width is measured parallel to the road frontage, where it exists. Where a lot does not have road frontage, the public development director shall decide which lot lines are considered side lot lines for purposes of determining lot width.

Occupied: The word "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

Open space: An area of land or water that is permanently set aside through dedication, designation or reservation to remain in a nature and unimproved state or that may be improved only for active or passive recreation or enjoyment.

Overlay district: A defined geographic area established by article 4 of this UDC that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district or relaxes certain requirements of an underlying zoning district.

Permitted use: A use by right which is specifically authorized in a particular zoning district, or permitted by right in a particular overlay district.

Setback: The straight-line distance between a street right-of-way or lot line and the nearest point of a structure or building or projection therefrom (excluding roof overhangs of 18 inches or less).

Setback, minimum: The shortest distance allowed between a street right-of-way line or any other lot line and any principal or accessory building on a lot. Minimum setback requirements for buildings are associated with the type of lot line from which the setback is taken; for instance, a "side yard setback" is measured from a side lot line. Street rights-of-way shall not be considered a part of a front yard setback for the purpose of meeting the minimum requirements of this UDC.

Story: That portion of a building comprised between a floor and the floor or roof next above. The first floor of a two- or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy.

Street: A dedicated and accepted public right-of-way, or a private street approved by the Jackson County Board of Commissioners, which affords the principal means of access for motor vehicles to abutting properties.

Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and extending vertically from the ground by one foot or more. Tents, vehicles, trailers, and play equipment attached to the ground in some permanent or temporary way shall be considered structures. A structure may or may not be easily moved from a given location on the ground. Among other things, unless the context clearly indicates otherwise, structures include but are not limited to buildings, walls, fences, signs, and swimming pools.

Unincorporated: Any land within the boundaries of Jackson County, Georgia, which are not a part of the corporate limits of a municipality.

Use, accessory: A use that is permitted on a lot in conjunction with a principal use. An accessory use is incidental to the principal use of the lot and would not exist independent of the principal use.

Used: The word "used" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

Variance: A grant of relief from the requirements of this UDC which permits construction or use in a matter otherwise prohibited by this UDC, which may be approved in individual cases upon application and applied to specific property.

Yard: An area that lies between the principal building on a lot and a lot line. A yard is unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front: A yard situated along any public street right-of-way or private street or access easement. In the case of a double frontage lot, if there is an established no access easement along one of the frontages, the yard adjacent to the no access easement shall not be considered a front yard for purposes of this UDC.

Yard, rear: A yard situated along a rear lot line.

Yard, side: A yard situated along a side lot line, but not extending into a front or rear yard.

Zoning district: A district established in article 2 of this UDC.

(Ord. No. 17-003 , § 1, 10-2-2017)