§ 109-2. Definitions.

Except as specifically defined herein, all terms used in these regulations have their customary dictionary definition. Terms used in the present tense include the future; terms in the singular include the plural number and terms in the plural include the singular; the term "building" includes the term "structure;" the term "shall" is mandatory and not directory. The term "may" is permissive.

Administrative officer means the director of planning and zoning of the City of Cumming, or his authorized representative.

Alley means a public or private thoroughfare that affords only a secondary means of access to abutting property.

Appeal means a request for a review an administrative official's interpretation of any provision of this chapter, or an action taken by an administrative official in the application or enforcement of this chapter.

Block means a piece or parcel of land entirely surrounded by public streets.

Building means any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built, or used as a shelter or enclosure for persons, animals or property of any kind, including tents, awnings, or vehicles used for purposes of a building.

Building setback line means a line establishing the minimum allowable distance between the buildings, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way.

Centerline of street means that line surveyed and monumented by the mayor and council and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches, or pavement/improvement ends of such street, or such midway line extended.

City engineer. The term "city engineer" shall be interpreted broadly, appropriate to its context, to include staff of the City of Cumming Planning and Zoning Department with regard to development permitting and subdivision plat approval, the director of utilities for the City of Cumming with regard to water, sewer, and stormwater permitting and approval, and any consulting city engineer employed by the City of Cumming with respect to the functions of this chapter.

Comprehensive plan means those coordinated plans, or portions thereof, which have been prepared by or for the mayor and council for the physical development of the jurisdiction; or any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.

Cul-de-sac means a street having one end open to traffic and being permanently terminated at the other end by a vehicular turnaround.

Cul-de-sac, temporary, means a nonpermanent vehicular turnaround located at the termination of a street.

Curb cut means a provision for vehicular ingress and/or egress between property and an abutting street.

Deceleration lane means an added roadway lane, of a specified distance and which may include a taper, as approved by the city engineer, that permits vehicles to slow down and leave the main vehicle stream.

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.

Dedication plat means a plat that indicates property to be dedicated for public right-of-way or land for public use.

Development means any manmade change of improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

Easement means a nonpossessory interest in land; a grant by a property owner for the use by the public, a corporation, or persons of a portion of land for a specified purpose.

Escrow account means a type of subdivision improvement guarantee where the subdivider deposits either cash, a note, a bond, or some other instrument readily convertible to cash for specific face-value specified by the city engineer to cover the costs of required improvements.

Homeowners' association means an organization formed for the maintenance and operation of the common areas of a development, where membership in the association is automatic with the purchase of a dwelling unit or lot within the development, with the ability to legally assess each owner of a dwelling unit or lot and which has authority to place a lien against all dwelling units and lots within the development.

Land disturbing activity means:

(1)

Any grading, scraping, excavating, or filling of land;

(2)

Clearing of vegetation;

(3)

Any other alteration of land which causes land and stream bank erosion, siltation or water pollution; and

(4)

Any construction, rebuilding or alteration of a structure.

Letter of credit means a type of subdivision improvement guarantee whereby a subdivider secures an instrument from a bank or other institution or from a person with resources sufficient to cover the cost of improvements required by the city. The instrument pledges the creditor to pay the cost of improvements in case of default by the subdivider.

Lot means a portion or parcel of land intended as a unit for transfer of ownership or for development or both, intended to be devoted to a common use or occupied by a building or group of buildings devoted to a common use and having principal frontage on a public street or an approved private street. In determining the area and dimension of a lot, no part of the right-of-way may be included.

Types of Lots

(1)

Lot area means the total horizontal area within the lot lines of a lot, exclusive of public street rights-of-way.

(2)

Lot, corner, means a lot abutting upon two or more streets at the intersection.

(3)

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

(4)

Lot, double frontage, means a lot other than a corner lot which has frontage upon two or more streets that do not intersect at a point abutting the property.

(5)

Lot, flag, means a tract or lot of land of uneven dimensions in which the portion fronting on a public street is less than the required minimum width for construction of a building or structure on that lot.

(6)

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

(7)

Lot of record means a parcel of land within the city limits which was properly platted and recorded in the Clerk of Forsyth County's Plat and Deed Records as of January 21, 1986, or which has been lawfully subdivided in accordance this chapter and subdivision regulations since January 21, 1986, or which was lawfully subdivided prior to annexation into the city limits.

(8)

Lot width means the distance between side lot lines measured at the regulatory/required building line.

Metes and bounds means a system of describing and identifying land by distances or measures (metes) and bearings or direction (bounds) from an identifiable point of reference, such as, a monument or other marker or the corner of intersecting streets.

Performance bond means a type of subdivision improvement guarantee in the form of a bond, secured by the subdivider from a bonding company, in an amount specified by the city engineer to cover the costs of required improvements, and payable to the city. The city may call in the performance bond in the event the subdivider defaults on required improvements.

Plat, final, means a finished drawing of a subdivision showing completely and accurately all legal and engineering information, certification, and all other elements and requirements set forth in this chapter, prepared for filing for record with the Clerk of the Forsyth County Superior Court.

Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient detail to indicate its general design.

Professional engineer means an engineer duly registered or otherwise authorized by the State of Georgia to practice in the field of civil engineering.

Professional surveyor means a surveyor duly registered or otherwise authorized by the State of Georgia to practice in the field of land surveying.

Protective covenants means contracts made between private parties as to the manner in which land may be used, with the view toward protecting and preserving the physical and economic integrity of any given area.

Reservation means a method of holding land for future public use by showing proposed public areas on a subdivision plat.

Reserve strip means a strip of land across the end of, or along the edge of, a street, alley, or lot for the purpose of controlling access which is reserved or held until future street extension or widening.

Right-of-way means that area, distinguished from an easement, which is owned in fee-simple title by the mayor and council or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.

Shade tree means a tree in a public place, street right-of-way, or special easement, planted to provide canopy that will obscure the sun and heat from the ground.

Sidewalk means a hard-surfaced pedestrian access area adjacent to or within the right-of-way of a public road.

Street means a public or private thoroughfare which is open to the general public and which affords the principal means of access to abutting property.

(1)

Street, arterial, means, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, those streets and highway facilities, including full and partial access controlled highways and major urban area entrance highways, which are designed to carry the highest traffic volumes and the longest trips through and within an urban area.

(2)

Street, collector, means, unless otherwise specified by the comprehensive plan, transportation element of the comprehensive plan or major thoroughfare plan, those streets that collect traffic from minor streets or other collector streets and channel it to the arterial system. Collector streets provide land access and traffic circulation within commercial and industrial areas.

(3)

Street, private, means a road or street that has not been accepted for maintenance by the city and that is not owned and maintained by a state, county, city, or another public entity.

(4)

Street, public, means a dedicated and accepted public right-of-way which affords the principal means of access to abutting properties.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground, not including utility poles.

Subdivision means the division of a parcel or tract of land into two or more lots for the purposes of creation of lots for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership.

Variance means a minimal relaxation or modification of the strict terms of these regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

(Ord. of 2-18-2003, art. II; Ord. of 5-17-2005(02), § 1)