§ 100-7. Definitions.

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:

Block means an area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well-defined and fixed boundaries. (See figure 2.2.A.)

Figure 2.2.A. Block

Building permit means formal permission from the city to start any construction project. The issuance of a building permit indicates that plans for a new structure, addition, renovation, foundation, plumbing, prefabricated structure, temporary building or manufactured home have been approved by local government officials and that the plans comply with all applicable provisions of the land development code.

Commercial means any type of building other than residential.

Comprehensive plan means any plan adopted by the mayor and city council, or portion of such plan. The term "comprehensive plan" shall be construed liberally to include the major thoroughfare plan, master parks and recreation plan, or any other study, document, or written recommendation pertaining to subjects normally within the subject matter of a comprehensive plan as provided by the Georgia Planning Act of 1989, if formally adopted by the local city council.

Construction means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, shower head, toilet or urinal in an existing building. The installation of certain infrastructure improvements on land associated with the subdivision of land.

Dedication means the deliberate appropriation of land by an owner for any general and public use or purpose, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Development means any manmade change on improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, installation of utilities, drainage facilities or permanent storage of materials or equipment.

Easement means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity. (See figure 2.2.C.)

Figure 2.2.C. Easement

Health department means the health department of the county.

Lot means a portion of a subdivision, or any other tract or parcel of land, intended as a unit for transfer of ownership or for development, or both.

Open space means land that forms a permanent, undivided or relatively undivided, undeveloped area. As much as 25 percent of the open space may be devoted to active recreational facilities, as defined. Easements for electric transmission lines or any other aboveground improvement shall not be considered open space. Stormwater management features, such as lakes, ponds, and ways, may be considered open space at the discretion of the community development coordinator, provided that such areas are designed and maintained in a manner that contributes to open space and the aesthetics of the subdivision.

Open space, public, means an area within a development or subdivision designed and intended for the use and enjoyment of all residents or for the use and enjoyment of the public in general.

Owner means a person having a majority fee simple interest in real property, or a majority interest through any other form of ownership.

Planning and zoning commission means the city planning and zoning commission.

Plat means a map or drawing indicating the subdivision, re-subdivision, or recombination of land.

Residential means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel.

Right-of-way means:

(1)

A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

(2)

Generally, the right of one to pass over the property of another.

Road may be used interchangeably with the term "street."

Street means any vehicular way, other than an alley, that:

(1)

Is an existing federal, state, county or municipal roadway;

(2)

Is constructed as shown upon a plat approved pursuant to law and is open to vehicle travel;

(3)

Is constructed and open to vehicle travel as approved by other official action of the mayor and city council; or

(4)

Is constructed and open to vehicle travel and shown on a plat duly filed and recorded in the clerk's office, county superior court, prior to the effective date of the ordinance from which this chapter is derived. Land between the street lines, whether improved or unimproved, shall be considered part of the street.

Subdivider means any person dividing or proposing to divide land so as to constitute a subdivision as herein defined.

Subdivision means:

(1)

Any division or re-division of a lot, tract, or parcel, regardless of its existing or future use, into two or more lots, tracts, or parcels. The term "subdivision" means the act or process of dividing property. The term "subdivision" includes re-subdivision and, when appropriate to the context, relates either to the process of subdividing or to the actual land or area which is subdivided.

(2)

Where appropriate to the context, the term "subdivision" also may be used in reference to the aggregate of all lots held in common ownership at the time of division.

Utility means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel or gas pipelines, telephone lines, roads, cable telephone line, fiber optic cable, driveways, bridges, river/lake access facilities, stormwater systems and drainageways, and railroads or other utilities identified by the city. As appropriate to the context, the term "utility" may also include all persons, companies, or governmental agencies supplying the same.

(Code 2004, §§ 155.11, 152.005, 53.02; Ord. No. 316, 5-13-1991; Ord. No. 381, 4-10-2006; Am. Ord. No. 456, 9-16-2013; Am. Ord. No. 458, 10-15-2013; Am. Ord. No. 468, 7-28-2014; Am. Ord. No. 479, 1-26-2015; Am. Ord. No. 488, 1-25-2016; Ord. No. 1710, 7-24-2017)