§ 110-1. 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 a piece or parcel of land entirely surrounded by public highways or streets other than alleys. In cases where the plotting is incomplete or disconnected, the subdivider may determine the outline of the block.

Building line means the minimum horizontal distance between the street right-of-way line, or the street centerline where appropriate, and the building or any projection thereof, except any of the following:

(1)

Steps, terraces and open fire escapes.

(2)

Balconies, canopies or cornices projecting no more than three feet beyond the main building wall.

(3)

Offset or overlapping portions of the floor of the main building that do not extend more than three feet beyond the main building wall.

Condominium means a development providing individual ownership of units within a multifamily zone, together with the joint ownership of common areas of the buildings and grounds.

Controlling financial interest means 51 percent or more, legal or equitable ownership interest of the total assets or capital stock of a business entity.

Controlling property interest means any ownership of real property, direct or indirect, and includes any percentage of ownership less than total ownership.

Crosswalk means a right-of-way within a block dedicated to public use, ten feet or more in width, intended primarily for pedestrians and from which motor-propelled vehicles are excluded. It is designed to improve or provide access to adjacent roads and lots.

Department means the community development department.

Department of transportation means the county department of transportation, or successor department, by whatever title designated.

Director means the director of the community development department or his designee.

Director, department of transportation means the director of the department of transportation, or successor to his duties, by whatever title designed.

Final plat means a plat of a tract of land which meets the requirements of this chapter for recording in the office of the clerk of the superior court of the county.

Frontage. See Lot width.

Lot means a portion of a subdivision intended as a unit for transfer of ownership or for development or both. In determining the area and dimensions of a lot, no part of the right-of-way of a road or crosswalk may be included.

Lot width means the distance between the side lot lines measured as a tangent to the front building line as described by chapter 134.

Major thoroughfare plan means an engineered or designed comprehensive plan or program of arterial, collector and minor streets and roads for all or a portion of the county.

Master plan means a comprehensive plan which may consist of several maps, data and other descriptive matter for the physical development of the county or any portion thereof. This includes any amendments, extensions or additions thereof recommended by the planning commission indicating the general location for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

Person means any business entity, subdivider, developer, corporation, partnership, limited partnership, joint venture, firm, enterprise, franchise, association, trust or other entity of any kind.

Sediment control regulations means chapter 50, article III, or any other ordinance dealing with sediment control during construction.

Standard design specifications means standards and specifications in use by the county which shall apply to the physical improvements required to be provided and installed by a subdivider in a subdivision.

Streets and alleys means as defined according to the major thoroughfare plan.

Subdivider means any person who undertakes the subdivision of land as defined in this section.

Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. Provided, however, that the following are not included within this definition:

(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 equal to the standards of the county.

(2)

Any subdivision of land, provided that all such lots are within the boundaries of a pre-existing platted subdivision or no lots hereby produced contain less than 80,000 square feet each and has a minimum frontage of 200 feet. Also, where no new streets, roads, or other rights-of-way are involved and provided further that such subdivision shall be platted and recorded. For lots of 80,000 square feet or more the property shall be zoned for R-80 purposes as defined in chapter 134.

(3)

A division or sale of land by judicial decree.

(4)

The sale or exchange of a parcel of land between owners of adjoining properties; provided, that additional lots are not thereby created.

(5)

In those instances where the board of appeals grants a variance for a subdivision of property lacking the minimum public road frontage and an easement is necessary for ingress and egress to the property, there shall be a maximum of three lots permitted, a minimum of 80,000 square feet per lot, a minimum of 25 feet width easement, and the easement and the subdivided lots shall be platted and required to be recorded as restrictive covenants running with the land in the clerk's office, county superior court. The board of appeals shall be authorized and directed to consider any variance application to this provision so long as the lots shall be a minimum of 40,000 square feet in size (as recommended to the board of commissioners per section 134-271), a minimum of 20 feet width easement, and a maximum of three lots. Cobb County Fire and Emergency Services shall review and approve all one- and two-family residential dwelling units accessing private easements with respect to applicable codes including but not limited to emergency vehicle access and hydrant placement. In the event that these applicable codes cannot be met, Cobb County Fire and Emergency Services may require indemnification in a form approved by the county attorney.

Subdivision administrator means any person in the department to whom the duties of subdivision administrator are assigned, or successor to his duties, by whatever title designated.

Traffic engineer means any person in the department of transportation to whom the duties of traffic engineer are assigned, or successors to his duties, by whatever title designated.

Variance means a change in the general design of a subdivision but which shall in no way make null the standard design specifications of the director or the county zoning regulations.

Water and sewer system means the county water and sewer system.

(Ord. of 9-24-74, art. IV; Ord. of 2-22-77, § 2; Ord. of 4-26-77; Ord. of 9-5-79; Ord. of 8-11-88, §§ 2, 3; Ord. of 2-13-90; Ord. of 9-12-00; Ord. of 7-26-05; Amd. of 7-25-17)

Cross reference

Definitions generally, § 1-2.