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Banks County Unincorporated
City Zoning Code

ARTICLE XXIII

EXTENDED STAY HOTELS OR MOTELS

Section 2301.- Extended stay hotels or motels.

"Extended Stay Hotels or Motels" means any hotel or motel in which guest rooms have facilities for both the storage, refrigeration, and preparation of food, and/or which are advertised, designed, or utilized for weekly or monthly occupancy.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2302. - Permit.

A special land use permit must be obtained for the construction and operation of extended stay hotels and motels and may only be a conditional use in C2, general commercial zoning district.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2303. - Minimum lot size.

On and after the passage of this ordinance, a minimum of two acres is required to construct an extended stay hotel or motel in Banks County. On and after the passage of this ordinance a minimum of two acres is required to convert a hotel or motel or other structure to an extended stay hotel or motel in Banks County.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2304. - Occupation.

No individual guests shall register, reside in, or occupy any room or rooms within the extended stay hotel or motel for more than a 29-consecutive day period.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2305. - Recreation.

An indoor or fenced outdoor active recreation area shall be provided. The size of each recreation area shall be calculated at a ratio of five square feet per room with a minimum provision of 750 square feet. All recreation areas must be approved by the Banks County Planning and Zoning Department prior to development to ensure that all applicable safety specifications and standards are met.

(Ord. No. 2017-06, § 1, 6-13-2017; Ord. No. 2024-21, § 1, 5-14-2024)

Section 2306. - Business license.

No permanent business license shall be issued for the conduct of any business from any guest room of an extended stay hotel or motel.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2307. - No conversion.

No extended stay hotel or motel under this article is to be converted to or used as an apartment or condominium. No hotel or motel or other structure can be converted to an extended stay hotel or motel without meeting all of the rules and regulations contained within this article.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2308. - Landscape plan.

Extended stay hotels and motels must have a landscape plan submitted to and approved by the Planning and Zoning Department, and constructed prior to issuance of a business license.

(Ord. No. 2017-06, § 1, 6-13-2017; Ord. No. 2024-22, § 1, 5-14-2024)

Section 2309. - Open space.

Extended stay hotels and motels must have a minimum of 25 percent of the lot area dedicated to either active or passive open space. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2310. - Sprinkler.

Each guest room must be protected with a sprinkler system approved by the fire marshal or their designee.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2311. - Timer.

Each guest room having a stove-top unit or other type burner unit shall be required to also include a maximum 60-minute automatic power off timer for each such unit.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2312. - Smoke detector.

A hard-wired smoke detector with battery backup shall be provided and installed in each guest room.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2313. - Parking.

No outside storage or permanent parking of equipment or vehicles shall be allowed.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2314. - Buffer.

All such extended stay hotels or motels shall provide a 50-foot undisturbed buffer from any property zoned for multi-family residential purposes and/or a 100-foot undisturbed buffer from any property zoned for single family residential purposes.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2315. - Set back.

No building may be placed within 300 feet of any residentially zoned property, inclusive of the required buffer.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2316. - Density.

All extended stay hotels and motels shall have a maximum density of 75 guest units per gross acre of development.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2317. - Application.

This article shall apply to all extended stay hotels or motels and other structures permitted or expanded after June 1, 2017.

(Ord. No. 2017-06, § 1, 6-13-2017)

Section 2318. - Nonconforming use.

Any lawful building, structure or use of land existing at the time of the enactment of this ordinance and not in conformity with the rules and the regulations imposed herein may for a period of one year be continued subject to the following provisions. The building, structure or use of land shall not be:

a.

Changed to another non-conforming use;

b.

Enlarged or extended except in conformity with this article;

c.

Reestablished after discontinuance for a period of six months;

d.

Rebuilt, altered, or repaired after damage exceeding 60 percent of its fair market value; or

e.

Improved in any way to the extent that such improvements equal or exceed 20 percent of the value of the structure at the time.

(Ord. No. 2017-06, § 1, 6-13-2017)