§ 26.2. Definitions.

Hazardous material: Any substance defined as "hazard material" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq.

Hazardous waste: Includes those solid and liquid wastes or combinations thereof that may cause or contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness, or which pose a substantial threat to human health when improperly handled.

Local governing authority or local government: Cherokee County Board of Commissioner.

Land disturbing activity: Any operation that involves excavation or filling of land; clearing of vegetation; and construction, rebuilding or alteration of an existing structure. Land disturbing activity does not include ordinary maintenance and landscaping activities; yard and grounds maintenance; individual home gardens; repairs or minor modifications to a single-family residence; or the cutting of firewood for personal use.

Natural vegetated area: An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include:

• Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife;

• Outdoor recreational activities including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting, education, scientific research and nature trails;

• Maintenance or repair of lawfully located roads, structures, and utilities used in the service of the public, provided the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized;

• Limited excavating, filling, and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.

Nonconforming use: A land activity, building, or structure legally established prior to adoption of this ordinance, or subsequent amendment that would not otherwise be permissible under the provisions of this ordinance and as indicated in article 13.

Overlay district: A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land-use category.

Perennial river: A river or section of a river that flows continuously throughout the year (12 months).

Person: Any individual, partnership, corporation, trust, entity or authority that shall include the State of Georgia and its entities (i.e. departments; boards; bureaus and commissions, etc.).

Plan: General reference to a plan or comprehensive plan prepared by the county covering such county prepared pursuant to the minimum planning standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the Georgia Department of Community Affairs.

Plat map: The large scale map that shows the location of tracts of land within a jurisdiction, and the tax status of such tracts.

Protected river: Any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents.

Protected mountain area: All land area 2,200 feet or more above mean sea level, that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits and ridge tops which lie at elevations higher.

Quadrangle map: The U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000.

Reforestation plan: A plan prepared by a registered forester to calculate the trees required for replanting or by natural regenerative processes (i.e. coppicing, seedlings, etc.).

River bank: The rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

River corridor: All land, inclusive of islands, in areas of a protected river, which serves to confine the water to the natural channel during the normal course of flow. Because stream channels move due to natural processes, the river corridor may shift with time. For the purpose of these standards, the river corridor shall be considered to be fixed at its position at the time of adoption of the river corridor plan. Any shift in the location after that time will require a revision of the boundaries of the river corridor at the time of comprehensive plan review by the Georgia Department of Community Affairs.

River corridor protection plan: The part of the local comprehensive plan that deals with the river corridor protection requirements specified herein.

Sensitive natural areas: Any area, as identified now or hereafter by the Georgia Department of Natural Resources, which contains one or more of the following:

• Habitat, including nesting sites, occupied by rare or endangered species;

• Rare or exemplary natural communities;

• Significant landforms, hydroforms or geological features; or

• Other areas so designated by the Georgia Department of Natural Resources; and which are sensitive or vulnerable to physical or biological alteration.

Setback measurement: The measurement for buffer area, which shall be measured horizontally from the uppermost part of the riverbank, usually marked by a break in the slope.

Single-family dwelling: A dwelling structure that is designated for the use of one family.

Utility: 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.

(Ord. No. 99-O-12, 4-20-90)