In interpreting the distance requirements between incompatible uses, measurements shall be made along a straight line drawn from the closest point of the property line of the site occupied by the subject use to the closest point of the property line of the site occupied by the limiting use.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

The following standards shall apply to the supplemental uses listed. Listed uses shall also meet all district requirements and other applicable UDO provisions. Should the standards of this article conflict with other standards provided in the UDO, the standards of this article shall apply. The following supplemental use standards are organized by major use category as presented in section 102-B-6-1, Table of permitted and prohibited uses. Accessory and temporary uses that permit uses containing supplemental provisions found in other sections of this article shall comply with the corresponding provisions of those sections.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Accessory uses are permitted in conjunction with an allowed principal use. Allowed accessory uses are those listed in section 102-B-6-1, Table of permitted and prohibited uses.

(2)

Accessory dwellings.

(a)

Only one accessory dwelling may be created per principal dwelling unit.

(b)

An accessory dwelling may be developed adjacent to either an existing or new principal dwelling.

(c)

The equipment of an accessory building or equipment of part of a principal building with one or more of the following or similar items, systems or equipment shall be considered prima facie evidence that such accessory building or such part of the principal building is a separate and distinct dwelling unit and is subject to the regulations of the zoning district in which it is located: utility services; utility meters; mailboxes; kitchen equipment such as sink, stove, oven, and/or cabinets.

(3)

Cargo containers.

(a)

No cargo container utilized for an accessory use shall be erected, placed or otherwise located within the city except in conformity with the regulations of this section and any other applicable zoning or other restriction within the Code.

(b)

Cargo containers shall not be permitted to be placed within a front yard.

(c)

Cargo containers utilized for an accessory use shall be permitted without restriction in G-LI districts.

(d)

Cargo containers utilized for an accessory use shall have the following additional requirements:

(i)

Cargo containers for storage purposes only shall be allowed on a permanent basis. Such cargo containers shall be permanently and fully screened from view from all adjacent properties, with either opaque fencing material one foot higher than the height of the cargo container or planted landscape material that within six months of installation is one foot higher than the height of the cargo container and which is opaque.

(ii)

Placement of cargo containers shall comply with all applicable building and setback lines. No more than one permanent cargo container shall be allowed per lot, regardless of lot size.

(iii)

Cargo containers within the CR-MX and G-LI districts shall be allowed on a temporary basis on lots of less than one acre, but not for greater than 90 days. Neither a permit nor screening shall be required for the placement of a temporary cargo container.

(e)

Cargo containers utilized for a principal use within CR-MX and G-LI districts shall be permitted and shall be classified as a single story shopfront building type (section 102-B-5-2).

(4)

Day care facilities.

(a)

Shall be permitted as an accessory use for a place of worship, in all zoning districts that permit places of worship.

(b)

Where permitted as an accessory use, such use shall meet the supplemental use provisions for day care facilities provided in section 102-B-7-7.

(5)

Donation bins.

(a)

Are limited to one per parcel.

(b)

Shall only be permitted on a parcel that also contains a principal building that contains at least one operating business.

(c)

Hogansville Police Department shall be furnished with a key to the locking mechanism.

(d)

Shall be located as follows:

(i)

Shall not be located within 1,000 feet of any other such use.

(ii)

Shall not be located within 100 feet of any residentially zoned parcel.

(iii)

Shall not be located within 20 feet of any public right-of-way.

(iv)

Shall not be permitted to obstruct pedestrian or vehicular circulation, nor be located in any public right-of-way, landscape zone, sidewalk, parking space, fire lane or loading zone.

(v)

Shall not be located between a building and a street.

(vi)

Shall only be permitted to display signage on one side.

(vii)

Shall be clearly visible from the principal building and be no more than ten feet from a continually operating light source of at least one foot-candle.

(viii)

Shall be fabricated of durable and waterproof materials not including wood.

(ix)

Shall be placed on a surface that is paved with durable cement.

(x)

Shall have a collection opening that has a tamper-resistant locking mechanism.

(xi)

Shall be no more than 84 inches high, 60 inches wide and 50 inches deep.

(xii)

Shall not be electrically or hydraulically powered or otherwise mechanized.

(xiii)

Shall have the following information conspicuously displayed on at least two-inch type visible from the front of the collection container: the name, address, 24-hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the collection container and the parcel owner/owner agent; address and parcel number of the site; instructions on the process to register a complaint regarding the collection container to the City Code enforcement division; the type of material that may be deposited; a notice stating that no material shall be left outside the collection container; the pickup schedule for the collection container; and if owned by a nonprofit organization, a statement describing the charitable cause that will benefit from the donations.

(6)

Home occupation.

(a)

Other than the occupant of the dwelling, employees are prohibited from working within the dwelling or on the property.

(b)

No stock in trade can be kept or commodities sold on the premises.

(c)

No chemical, electrical, or mechanical equipment can be used, except equipment that is normally used for family, domestic, or household purposes.

(d)

Other than a nameplate not more than 24 square inches in area, no exterior indication that the building or property is being used for any purpose other than the dwelling can be attached to the dwelling unit. No other signs, free standing or attached, related to the home occupation are permitted on the property.

(e)

Each person carrying on a home occupation must obtain a business license.

(f)

No sales displays can be visible from outside the dwelling.

(g)

Contact with the public is limited to no more than two visitors in the dwelling at one time.

(h)

Operations and client visits to the premises are prohibited between 12:00 midnight and 6:00 a.m.

(i)

Commercial deliveries are limited to no more than 20 deliveries to the premises per week.

(j)

No more than 25 percent of the total floor area of the main dwelling can be used for a home occupation.

(k)

No outdoor open storage related to the home occupation is allowed on the premises.

(l)

No vehicle exceeding a one-ton capacity is allowed to park on the premises.

(m)

The term "home occupation" includes but is not limited to the following uses: art studio; design services; professional office of a learned profession, real estate agent, insurance agent, or other similar occupation; teaching; beauty parlor, barbershop; web based services; massage therapist; piano/music teacher; and educational tutor.

(n)

The term "home occupation" does not include: restaurants; veterinarian offices; medical, dental, or chiropractic offices, or offices of similar health-related professions.

(7)

Horse stables. See City Code chapter 10, section 10-32.

(8)

Kennel and animal boarding (hobby).

(a)

Where permitted as a principal use, shall locate all structures, and elements used for housing animals, at least 200 feet from any property zoned or used for residential purposes.

(b)

Outdoor kennels or runs must be at least 300 feet from the nearest property zoned or used for residential purposes.

(9)

Live outdoor entertainment.

(a)

Outdoor stage or performance areas shall be placed on a property to minimize the impact on adjacent properties zoned ES-R, SU-R, TN-R, and G-RL to the greatest extent possible. Such uses shall direct amplified music away from any adjacent ES-R, SU-R, TN-R, and G-RL zoned properties.

(b)

When live outdoor entertainment uses are located directly adjacent to ES-R, SU-R, TN-R, and G-RL zoned properties, a solid visual barrier fence or wall at least eight feet in height shall be provided along the entirety of the property line that is adjacent to such ES-R, SU-R, TN-R, and G-RL zoned properties. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. The fence or wall shall provide screening of the entire live outdoor entertainment area from view of all adjacent ES-R, SU-R, TN-R, and G-RL zoned properties. The fence or wall shall be maintained perpetually and immediately repaired as needed.

(c)

No equipment associated with live outdoor entertainment shall be placed upon or stored upon any portion of the right-of-way of any road adjacent to the property. Additionally, no vehicle or part of a vehicle associated with such uses may be parked upon or stored upon any sidewalk or parking lot on the property so as to impede the flow of pedestrian or vehicular traffic on, into or out of the property.

(10)

Livestock raising. See City Code chapter 10, section 10-32.

(11)

Outdoor dining. When located within public sidewalk areas, the following regulations shall apply:

(a)

A minimum five feet of unobstructed sidewalk area shall be maintained.

(b)

No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way.

(c)

At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of the UDO.

(12)

Outdoor display and sales. The following regulations apply to outdoor display and sales within the downtown business overlay district.

(a)

No merchant or other person shall use or occupy the sidewalks of the city for the display of goods, wares or merchandise except as set forth in this section. A merchant may display goods, wares or merchandise on city sidewalks immediately adjacent to such merchant's store premises providing all of the following conditions are met:

(i)

The merchant holds a then-current license or occupation tax certificate from the city for the sale of goods and merchandise of the type that will be displayed on city sidewalks;

(ii)

The display shall not obstruct building entrances, fire exits, utility meters, seller entrances, stand pipes or other safety equipment;

(iii)

An area of not less than five feet of unobstructed pedestrian passage way shall be maintained at all times between any display and the nearest curb, tree, pole or other permanent object situate in the right-of-way;

(iv)

All sidewalk displays as provided for in this section shall be removed from the sidewalk during any time when the business displaying such merchandise is closed to customers;

(v)

All final sales transactions between merchant and customer shall be conducted within the business establishment and not on the city sidewalk;

(vi)

Merchandise must be placed in a manner so as not to interfere with pedestrian traffic on the sidewalk;

(vii)

Any merchant displaying goods, wares or merchandise on city sidewalks must execute an indemnification agreement in favor of the city in a form satisfactory to the city; and

(viii)

The city shall have the right to require any merchant placing merchandise on the sidewalk to immediately remove same in the event that access to said portion of the sidewalk is required for repair of any city facilities or for any other lawful public purpose.

(b)

This section shall not prohibit the display and sale of goods and merchandise during festivals or other special events that are approved and sanctioned by the city council.

(13)

Outdoor storage.

(a)

No property owner for any zoning classification within the city shall allow or cause to occur any motor vehicle, mechanical device, equipment or other similar item, or any parts of any such items, which is or are visible from the street or an adjoining property to remain outdoors on such property in a state of disrepair for more than 30 days. Such item(s) must be moved indoors, removed from the property, or restored to a properly functioning condition.

(b)

The city shall be authorized to provide written notice to the property owner and/or occupant of the property of any violation of any section of this article concerning outdoor storage on property within the city. If such violation is not corrected to bring the property within compliance with this article after such 30-day written notice, the city shall be authorized to tow, remove and/or otherwise take custody of any and all such motor vehicles, mechanical devices, equipment, parts, and/or other personal property constituting a violation of this article.

(c)

It shall further be unlawful for any property owner and/or occupant of the property to violate the provisions of this article. Each such violation shall constitute a separate offense, specifically including an offense for each motor vehicle, mechanical device, piece of equipment and/or part found to be in violation of this article. Each and every such violation shall constitute grounds the revocation or suspension of a business license, and a civil penalty of up to $500.00 may be levied for each violation in accordance with applicable provisions of the City Code.

(14)

Poultry raising. See City Code chapter 10, section 10-32.

(15)

Recreational vehicle and boat parking.

(a)

A maximum of one recreational vehicle and one boat may be parked or stored on a single-family property in the side or rear yard only.

(b)

Recreational vehicles and boats shall not be parked in side yards adjacent to a public street.

(c)

No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 12, 5-5-2025)

(1)

Camping, campgrounds, glamping.

(a)

A minimum of 25 percent of the total land area shall be devoted to accessible common open space for recreational use. These areas shall be separate from camper spaces, and shall be grouped and suitable for active and passive recreation and shall be reasonably located for safe and convenient access to campground residents.

(b)

The campground owner/operator is responsible for providing a central location for refuse collection and shall adequately screen and buffer such location. Storage, collection and disposal of refuse shall be managed as not to create health hazards, rodent harborage, insect-breeding areas, accident, fire hazards, or air pollution.

(c)

Junked, wrecked or inoperable vehicles and/or travel-trailers are prohibited in campgrounds.

(d)

One off-street parking space shall be provided and maintained for each campground lodging unit.

(e)

Adequate and safe sewage disposal facilities shall be provided in all campgrounds. No method of sewage disposal shall be installed, altered, or used without the approval of the city manager.

(f)

A minimum ten-foot wide vegetated buffer strip shall be installed and maintained around the perimeter of the campground property boundary. This strip shall be free of all encroachment by buildings, parking/camper areas or impervious coverage.

(g)

Every campground owner or operator shall maintain an accurate register containing a record of all occupants and owners of campers in the campground. The register shall be available for inspection at all times by authorized city officials. The register shall contain the: Name and address of the occupants of each space, and the date when occupancy within the campground begins and the date when occupancy within the campground ceases.

(h)

No campground space shall be used as a permanent place of residence.

(i)

No occupant shall be permitted within a campground for longer than 30 consecutive days and a total of 60 days within a 12-month period.

(2)

Commercial agriculture, forestry, and fishing shall provide a minimum 50-foot buffer from the property line of any adjacent residence.

(3)

Community garden.

(a)

A community garden must be primarily used for growing and harvesting food and ornamental crops for consumption or donation or for sale off-site.

(b)

Distribution, pick-up, and delivery of product and goods and services is permitted only between the hours of 7:00 a.m. and 7:00 p.m.

(c)

Only mechanical equipment designed for household use may be used.

(d)

Detached accessory structures such as storage or utility buildings, gazebos, trellises, or greenhouses are permitted, subject to compliance with the requirements of the zoning district.

(e)

Where lighting is installed, only motion-detecting fixtures are permitted. All night lighting is prohibited.

(4)

Farmers markets, roadside markets, roadside stands.

(a)

Such uses are subject to all State health regulations and any other requirements from the State regarding the sale of food and produce.

(b)

See City Code chapter 62.

(5)

Timber harvesting.

(a)

It shall constitute non-compliance with this article to engage in land disturbance activity involving clearing, grading, timber harvesting or grubbing without a permit, which activity may immediately warrant citation(s).

(b)

Such activities shall be conducted consistent with "Georgia's Best Management Practices for Forestry" as established by the state environmental protection division.

(c)

Nothing in these standards shall be interpreted to prevent standard silviculture practices that promote healthy forest-keeping practices.

(d)

It shall be unlawful for any timber harvester subject to this article to obstruct, encroach upon, or injure materially any part of any public road.

(e)

Any timber harvester who unlawfully obstructs, encroaches upon, or injures any part of any public road shall be responsible for reimbursing the impacted jurisdiction for the costs of removal of said obstructions or encroachments and the costs of repairs incurred by the impacted jurisdiction, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but are not limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system.

(f)

The city shall periodically make an inspection of public roads and shall notify each timber harvester then conducting harvesting operations of all actions reasonably necessary to maintain and ensure the return of the condition of the public roads to a state equal to that existing immediately prior to the instituting of harvesting operations. Upon notice from the city on any project that is being done contrary to the provisions of this article, all work shall be immediately stopped. Such notice shall be in writing and shall be given to the timber harvester and the owner of the subject property and shall state the conditions under which work may resume. When an emergency exists, written notice shall not be required. If the timber harvester does not complete such repairs as are reasonably periodically necessary within five days of notice, the city may, at its sole option, complete the repairs and charge the costs of the same (including any costs associated with traffic management which are directly incurred from the obstruction, encroachment upon or injury to any public road caused by the harvesting operations) to the timber harvester and against the posted bond or irrevocable letter of credit. The timber harvester shall remain liable for any additional maintenance cost, traffic management cost, and the cost of returning the public roads to their prior condition upon the completion of harvesting operations.

(g)

No timber harvester shall commence timber harvesting operations until first posting or causing to be posted along the public road onto which the timber operator will enter from the timber harvesting operations at least the following signs: one sign in each direction located 500 feet from the entrance which states "slow trucks entering highway;" one sign in each direction located 1,000 feet from the entrance stating "warning: logging operation ahead." Each such sign shall be 36 inches by 36 inches, orange in color and posted at least three feet from the road surface of said public road.

(h)

No timber harvester shall park or leave unattended a truck or other motor vehicle or trailer upon a public road.

(i)

All harvesting operations shall be conducted on the tract identified in the notice and off public roads and rights-of-way. Logging and skidding of logs on public roads and rights-of-way are strictly prohibited.

(j)

Ditches constituting a part of the public drainage system or otherwise benefitting a public right-of-way shall be kept clear of all debris and residue at all times to permit proper drainage.

(k)

Prior to commencing any timber harvesting operations, the city shall inspect the point of access to the public road from the tract described in the notice in order to determine its suitability. If graveling or a culvert is required at the point of access, it shall be promptly installed by the timber harvester as directed and to the design specifications required by the city. The zoning administrator may also impose such other design specifications and requirements as in his/her sole discretion are necessary to protect and to provide for the safe and efficient use of the public road system. The point of access shall be maintained by the timber harvester so long as timber harvesting operations are ongoing.

(l)

The timber harvester shall give written notification to the city within 24 hours following completion of the timber harvesting operations. The city shall inspect all affected public property and public rights-of-way to assure that the same has not been damaged or has been restored to its original condition, including any shaping of ditches, grading or seeding as required. The timber harvester shall be notified in writing of any deficiencies and given 15 business days to correct said deficiencies. If not accomplished during that period, the city shall be authorized to complete the work at the cost of the timber harvester.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 13, 5-5-2025)

(1)

Automotive repair, maintenance.

(a)

Automobile repair facilities, service stations and similar businesses engaged in the maintenance and repair of motor vehicles, including car wash or detailing businesses, shall adequately screen areas designed for the outdoor storage of vehicles in need of maintenance or repair, in a state of maintenance or repair, and/or awaiting pickup after maintenance or repair. Any such outside storage area shall be located in the rear of the property behind the primary structure on the property. No junk or abandoned vehicles or parts of vehicles will be stored on site for any such repair or service facility beyond 30 days.

(b)

Any outdoor work/storage area where any vehicles are stored shall be in the rear yard only surrounded by a solid visual barrier fence or wall at least eight feet in height. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. The fence or wall shall provide screening of the outdoor work/storage area from view of the public street and all surrounding properties. The fence or wall shall be maintained perpetually and immediately repaired as needed. There shall be sufficient distance between stored vehicles and fence or wall to allow for proper maintenance of the fence or wall.

(c)

No vehicle or part of a vehicle may be parked upon or stored upon any portion of the right-of-way of any road adjacent to the property. Additionally, no vehicle or part of a vehicle may be parked upon or stored upon any sidewalk or parking lot on the property so as to impede the flow of pedestrian or vehicular traffic on, into or out of the property.

(d)

Services shall not allow objectionable smoke, noise, odors or other adverse impacts on adjoining properties. No burning of any waste materials is permitted unless it is part of an approved contained heat system specifically for reuse of waste materials.

(e)

Any draining of fluids or removal of batteries from wrecked, salvage or towed vehicles must be completed in an enclosed structure on a concrete pad or floor or other impervious surface approved by the zoning administrator, senior building official or city engineer. Any drained fluids shall be disposed of in a manner consistent with Georgia Rules of Hazardous Waste Management and applicable state and federal regulations.

(2)

Bed and breakfast inns.

(a)

No guest shall stay in a bed and breakfast inn for a period in excess of 30 consecutive days.

(b)

No restaurant and eatery use shall be permitted. Meals may only be served on the premises and only for guests and employees of the bed and breakfast inn.

(c)

Rooms shall not be equipped with cooking facilities.

(3)

Cemeteries.

(a)

Cemeteries shall be located on a site containing not less than ten acres.

(b)

Any new cemetery shall be enclosed by a fence or wall not less than four feet in height.

(c)

All structures shall be set back no less than 25 feet from any property line or street right-of-way line.

(d)

All graves or burial lots shall be set back not less than 25 feet from any property line or local street right-of-way lines and not less than 50 feet from the right-of-way line of any thoroughfare classified as a collector, arterial, or avenue by the city.

(e)

Prior to approval of the request for the location of a new cemetery, a site plan and perpetual care plan must be submitted to the zoning administrator.

(4)

Commercial parking lots, parking decks. Commercial parking lots and parking decks shall be permitted to be utilized for the parking of vehicles by the public for any fee. Storage and/or recreational vehicle and boat parking uses shall not be permitted as part of this use and shall only be permitted in accordance with delineation of allowable uses in the table of permitted and prohibited uses.

(5)

Consumer fireworks retail sales facility, consumer fireworks retail sales stand.

(a)

Such uses shall be provided primarily for the retail display and sale of consumer fireworks to the public.

(b)

For consumer fireworks retail sales stands, the permanent or temporary building or structure shall have a floor area of not greater than 880 ft ² (74m ² ), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public.

(c)

Such uses shall comply with NFPA 1124 and shall require a fire marshal inspection prior to opening.

(6)

Extended-stay hotels and motels.

(a)

Extended-stay motels/hotels are limited to no more than 25 guest rooms per acre.

(b)

Each guest unit must contain a minimum square footage per unit of 300 square feet.

(c)

Extended-stay hotels/motels shall not be more than four stories in height.

(d)

Extended-stay hotels/motels must be constructed on a tract of land containing at least two acres.

(e)

Extended-stay hotels/motels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers for the use of guests.

(f)

Extended-stay hotels/motels must provide a minimum of 1,000 square feet for recreational use by guests. In computing the 1,000 square feet requirement, swimming pools, fitness or recreation centers and other recreational facilities may be used in determining the square footage required by this subsection.

(g)

Management must be on the property 24 hours a day, seven days a week.

(h)

Daily maid service must be included in the standard room rate.

(i)

No applicant shall operate, conduct, manage, engage in, or carry on an extended-stay motel/hotel under any name other than their name and the name of the business as specified on the occupation tax certificate.

(j)

Any application for an extension or expansion of a building or other place of business where an extended-stay motel/hotel is located shall require inspection and shall comply with the provisions and regulations of this article.

(7)

Gasoline stations.

(a)

All repair and maintenance activities shall be carried on entirely within an enclosed building.

(b)

Outdoor storage is prohibited.

(c)

Outside above-ground tanks for the storage of gasoline, liquefied petroleum gas (other than single-service sizes), oil, and other flammable liquids or gases shall be prohibited at any gasoline service station.

(d)

Overnight accommodations, showers, and overnight customer parking shall be prohibited.

(8)

Kennels and animal boarding (commercial).

(a)

All structures, and elements used for housing animals shall be located at least 200 feet from any property zoned or used for residential purposes.

(b)

Outdoor kennels or runs must be at least 300 feet from the nearest property with any zoning designation that allows dwellings.

(9)

Massage and spa establishments.

(a)

Each massage establishment and spa establishment shall have an owner, manager or supervisor on the premises at all hours that the establishment is occupied by patrons or is open to the public. Further, each massage establishment shall have a state-licensed massage therapist on the premises at all hours that the establishment is occupied by patrons or is open to the public. No massage establishment shall hold itself out as being open for business at any time when there is no state-licensed massage therapist on the premises. In addition to the other penalties and remedies provided herein, if during an inspection there is no owner, manager, or supervisor, or, if applicable, state-licensed massage therapist on the premises, the establishment must cease operations and close until an owner, manager or supervisor or state-licensed massage therapist, as applicable, is on the premises.

(b)

No massage establishment or spa establishment shall be or remain open for business between the hours of 9:00 p.m. and 7:00 a.m. No person shall be or remain inside a massage establishment or spa establishment between the hours of 10:00 p.m. and 6:00 a.m. No massage establishment or spa establishment shall hold itself out as open at a time that the establishment is prohibited, under this subsection, from being open for business.

(c)

A readable sign shall be posted at the main entrance identifying the establishment. Signs shall comply with the sign requirements of this UDO.

(d)

Ordinary beds or mattresses shall not be permitted in any massage establishment or spa establishment.

(e)

Massage establishments, spa establishments, and their employees shall ensure that storefront windows are not blocked by curtains, blinds, posters, advertisements, or any other screening material.

(10)

Mobile food vendors.

(a)

Permit required.

(i)

It shall be unlawful for any person to sell, or offer for sale, food of any type from a commissary, mobile retail food establishment, pushcart or temporary food establishment without a permit first having been granted under this section, except for city-sponsored events, and without having been granted a license pursuant to chapter 18 of the City Code.

(ii)

An application for a permit hereunder shall be submitted to the zoning administrator setting forth all information required hereunder and in compliance with this section. The zoning administrator shall develop a form of application for the purpose of compliance with this section. Such permits shall be valid for one year from the effective date of the permit.

(iii)

The following information shall be provided with each application for a mobile food vendor permit: name of the mobile food vendor; make, model, and license plate number of vending unit; owner's contact information; operator's contact information; type of vendor (street vending unit or sidewalk vending unit); copy of approved permit from the Troup County Health Department or an approved permit obtained from another the official health department from any other Georgia county; list of operating locations and times; signatures from property owners indicating consent for the use of their property; signature of applicant indicating agreement to the listed requirements; and a traffic management plan demonstrating the applicant's plan to properly address vehicular and pedestrian traffic generated by the mobile food business.

(b)

Prohibited conduct and requirements.

(i)

A mobile food vendor shall not operate on any private property without the prior consent of the owner.

(ii)

A mobile food vendor shall maintain a $1,000,000.00 liability insurance policy. Proof of current liability insurance, issued by an insurance company licensed to do business in Georgia, protecting the mobile food vendor, the public and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit. Such insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advanced written notice to the city.

(iii)

Except for ice cream trucks, a mobile food vendor shall not make sounds or announcements to call attention to the mobile food vehicle either while traveling on the public rights-of-way or when stationary. At all times said mobile food vendor shall be in compliance with the city noise ordinance.

(iv)

The license under which a mobile food vendor is operating must be firmly attached and visible on the mobile food vendor or pushcart at all times.

(v)

Any driver of a mobile food vendor motorized vehicle must possess a valid driver's license.

(vi)

Except for ice cream trucks, mobile food vendors are allowed only in zoning districts that permit commercial uses.

(vii)

Mobile food vendors shall not be located within 15 feet of any street intersection or pedestrian crosswalk or ten feet of any driveway.

(viii)

No sale or offer for sale shall be made by any mobile food vendor between 11:00 p.m. and 6:30 a.m. unless such sale is in conjunction with a city-approved special event or film production permit.

(ix)

Vending structures shall not be left unattended or stored at any time on the open vending site when vending is not taking place or during restricted hours of operation.

(x)

No sale or offer for sale of ice cream, frozen milk, frozen dairy or ice confection products shall be made from a mobile food vendor unless each side of the vehicle is marked, in letters and numbers at least three inches in height, with the name and address of the mobile food vendor licensee.

(xi)

The mobile food vendor shall comply with all state, federal and local health and safety regulations and requirements and shall obtain and maintain any and all licenses required by any other health, organization or governmental organization having jurisdiction over this subject matter.

(xii)

The following safety regulations shall apply to any and all vehicles operating under this section or used for mobile retail food establishments: every vehicle shall be equipped with a reverse gear signal alarm with a sound distinguishable from the surrounding noise level; every vehicle shall be equipped with two rear-vision mirrors, one at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle; and the mobile food vendor may sell food and non-alcoholic beverage items only.

(xiii)

When located on properties meeting the definition of a mobile food park, mobile food vendors shall be permitted to remain on the property with no limit to the number of days per calendar week. When located on properties that do not meet the definition of a mobile food park, mobile food vendors shall be limited to a total of three days per calendar week on the same property. Mobile food parks shall be equipped with portable trash receptacles and shall be responsible for proper disposal of solid waste. All disturbed areas must be cleaned following each stop to a minimum of 25 feet from the sales location and liquid spills near the vendor shall be properly cleaned following each stop.

(xiv)

Notwithstanding any provision herein to the contrary, a mobile food vendor may return to and from a particular lot during the three-day period of limitation referenced herein. Merchants participating in events on public property sanctioned and approved by the Downtown Hogansville Development Authority or the Troup County Parks and Recreation Commission shall be exempt from the durational requirements of this section. Also, a mobile food vender operating on the lot of an existing and operating restaurant (as defined in section 30-20-96) or special events center shall be exempt from said durational requirements.

(c)

Indemnity. As part of the permitting process set forth herein, any person or entity receiving a permit set forth herein shall execute an indemnity agreement indemnifying and releasing the City of Hogansville, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever.

(11)

Open yard sales. All items and structures sold or held as inventory to be sold shall be located a minimum distance of 75 feet from any public right-of-way.

(12)

Pet care and veterinary services.

(a)

All structures, and elements used for housing animals shall be located at least 200 feet from any property zoned or used for residential purposes.

(b)

Outdoor kennels or runs must be at least 300 feet from the nearest property with any zoning designation that allows dwellings.

(13)

Short term vacation rentals.

(a)

Must obtain the proper business licenses to operate a short term vacation rental.

(b)

Amplified music is prohibited outside after 10:00 p.m.

(c)

No parking within the public right-of-way.

(d)

Exterior lighting shall be designed to prevent spillover onto adjacent property.

(e)

Unless lower occupational limits are required by the fire marshal after inspection of the dwelling unit, the number of overnight occupants shall not exceed two persons per bedroom plus two additional persons per residence, but in no case shall exceed 15 overnight per total. Additional non-overnight guests are permitted up to the same amount as the occupancy limit. For example, a three-bedroom home could have up to eight overnight occupants and eight additional guests. Children three and under do not count against these numbers.

(14)

Non-traditional tobacco paraphernalia. See City Code chapter 18. Businesses.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, § 14, 5-5-2025)

(1)

Junkyard, salvage yard.

(a)

All junkyards, junk businesses, salvage operation, salvage yards and towing or wrecker services located within the city shall be no less than ten acres in area and shall be screened and buffered from view by a solid visual barrier fence or wall at least eight feet in height. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. The fence or wall shall provide screening of the outdoor work/storage area from view of the public street and all surrounding properties. The fence or wall shall be maintained perpetually and immediately repaired as needed. There shall be sufficient distance between stored vehicles and fence or wall to allow for proper maintenance of the fence or wall.

(b)

Vehicles shall not be stacked on top of each other. Only one vehicle height shall be permitted within the vehicle storage areas.

(c)

Services shall not allow objectionable smoke, noise, odors or other adverse impacts on adjoining properties. No burning of any waste materials is permitted unless it is part of an approved contained heat system specifically for reuse of waste materials.

(d)

Any draining of fluids or removal of batteries from wrecked, salvage or towed vehicles must be completed in an enclosed structure on a concrete pad or floor or other impervious surface approved by the zoning administrator, senior building official or city engineer. Any drained fluids shall be disposed of in a manner consistent with Georgia Rules of Hazardous Waste Management and applicable state and federal regulations.

(e)

Towing and/or wrecker services are subject to basic commercial and industrial design standards.

(f)

The site plan submitted with application for a building permit, land disturbance or special use showing the location of structures, storage area, fencing and/or wall materials and parking plan for employees, customers and compliance with American with Disabilities Act.

(g)

The construction or operation of the towing or wrecker or service station shall not add to the contamination of the soil, create additional drainage runoff or alter topography in such a way that creates hazards to the site, adjoining properties or the city.

(h)

The ground surface in the outdoor work/storage area shall be covered with gravel, asphalt or concrete or other material as approved by the zoning administrator.

(i)

Vehicles may not be stored at an outdoor work/storage area for longer than 12 months. A code enforcement officer, zoning administrator or senior building official may inspect records at any time the business is open for compliance with this requirement.

(2)

Motor vehicle towing.

(a)

Areas where any towed vehicles are stored must be located a minimum of 300 feet from the nearest property with any zoning designation that allows residential dwelling uses.

(b)

Outdoor work/storage area where any towed vehicles are stored shall be in the rear yard only surrounded by an eight-foot solid visual barrier fence or wall. The visual barrier shall be painted or constructed of one color and material providing a consistent appearance. The fence or wall shall provide screening of the outdoor work/storage area from view of a public thoroughfare and all surrounding properties. The fence or wall shall be maintained perpetually and immediately repaired as needed. There shall be sufficient distance between stored vehicles and fence or wall to allow for proper maintenance.

(c)

Vehicles shall not be stacked. Only one vehicle height shall be permitted within the vehicle storage areas.

(d)

Motor vehicle towing services shall not allow objectionable smoke, noise, odors or other adverse impacts on adjoining properties or the city. No burning of any waste materials is permitted unless it is part of an approved contained heat system specifically for reuse of waste materials.

(e)

Any draining of fluids or removal of batteries from wrecked or towed vehicles must be completed in an enclosed structure on a concrete pad or floor or other impervious surface approved by the zoning administrator. Any drained fluids shall be disposed of in a manner consistent with Georgia Rules of Hazardous Waste Management and applicable Federal Regulations.

(f)

The site plan submitted with an application for building permit or land disturbance showing the location of structures, storage area, fencing and/or wall materials and parking plan for employees, customers and compliance with American with Disabilities Act, shall be reviewed by the zoning administrator and the Troup County Health Department, for compliance with these standards.

(g)

The construction or operation of the motor vehicle towing service shall not add to the contamination of the soil, create additional drainage runoff or alter topography in such a way that creates hazards to the site, adjoining properties or the city.

(h)

The ground surface in the outdoor work/storage area shall be covered with gravel, asphalt or concrete or other material as approved by the zoning administrator.

(i)

Vehicles may not be stored at an outdoor work/storage area for longer than 12 months. The zoning administrator or a code enforcement officer may inspect records at any time the business is open for compliance with this requirement.

(j)

No wrecked or towed vehicles may be towed to the tow truck operator's residence for any reason.

(k)

Towing and wrecker service businesses are a separate type of business from salvage yards and junk yards. Towing and wrecker service businesses that store and resell used vehicle parts or dismantle, demolish, and abandon inoperable vehicles shall comply with all city ordinances that are applicable to salvage and junk yards.

(3)

Personal storage.

(a)

When located within CR-MX and G-B zoning districts, the primary building façade of all buildings associated with such use shall be required to be designed as a single story shopfront (see section 102-B-5-2).

(b)

Self storage units shall be located a minimum of 1,500 feet from the property boundary of any other such use.

(c)

No sale of merchandise or flea markets shall be conducted on the property.

(d)

No outdoor storage is permitted.

(e)

No outdoor speakers or amplification shall be permitted.

(4)

Recreational vehicle and boat storage.

(a)

When located within CR-MX and G-B zoning districts, the primary building façade of all buildings associated with such use shall be required to be designed as a single story shopfront (see section 102-B-5-2).

(b)

No sale of merchandise shall be conducted on the property.

(c)

No outdoor storage is permitted within CR-MX and G-B zoning districts.

(d)

No outdoor speakers or amplification shall be permitted within CR-MX and G-B zoning districts.

(e)

Recreational vehicle parks and campgrounds are permitted as part of this use and shall meet the following additional regulations.

(i)

Recreational vehicle parks and campgrounds are for the convenience of tourists and transient visitors to city and are not intended to provide permanent housing for citizens of the city.

(ii)

Recreational vehicles are allowed as a temporary residence in recreational vehicle parks or in campgrounds. They shall be placed in a recreational vehicle park or campgrounds only, and residents who own recreational vehicles shall not be allowed to rent recreational vehicles or to attach recreational vehicles to electrical or water hookups in yards of single-family or multifamily residential areas. Recreational vehicles shall not be located in manufactured home parks and rented as a permanent residence.

(iii)

Any proposed recreational vehicle park or campground shall submit to the planning commission for approval a site plan which shall conform to the regulations set forth in in this subsection (4).

(iv)

Rental of recreational vehicle parking areas or campgrounds areas shall be limited to a maximum of 14 consecutive days for each rental. Individual renters can return for another stay four days after the conclusion of the previous stay.

(v)

All personal equipment, appliances, and belongings must be removed from recreational vehicle parking areas or campground areas upon completion of stay.

(vi)

A development permit shall be required prior to any grading, installation of facilities or advertising of a proposed recreational vehicle park or campground.

(vii)

Each individual space for use by a recreational vehicle shall be 1,000 square feet. The lot area shall be graded and gravel inserted and surrounded on three sides by landscape timbers or other similar material, to ensure that space provided for the recreational vehicle to park is level and capable of sedimentation and erosion control.

(viii)

For the purposes of the development of a recreational vehicle park or campground, the minimum lot size shall be one acre.

(ix)

Any recreational vehicle park or campground shall provide one shower and restroom facilities.

(x)

Recreational vehicle parks and campgrounds proposing to provide greater than six rental spaces shall be required to obtain a special use permit for such proposed use.

(xi)

Each individual recreational vehicle space shall provide electrical hookup for the recreational vehicle in accordance with the current National Electrical Code, as amended.

(xii)

Each individual recreational vehicle space shall provide a water source for the recreational vehicle to fill water storage tanks.

(xiii)

Individual recreational vehicle spaces in the park shall include a concrete picnic table, benches and a charcoal grill constructed of wrought iron or other similar material, permanently attached to a concrete pad.

(xiv)

Streets which provide access to individual parking or campground spaces shall be constructed to city standards and shall be of all-weather construction. The street system shall be maintained by the park owner and shall not be the responsibility of the city.

(xv)

Each recreational vehicle park or campground shall be provided with a sanitary method of solid waste collection and disposal. Collection facilities shall be either in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two individually covered refuse containers having a capacity of 30 gallons or less for each occupied lot. Bulk containers shall be enclosed with a minimum of a four-foot-high chainlink fence and placed upon a concrete pad extending at least 18 inches around each container perimeter. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection services shall be provided at least once weekly and waste conveyed to the nearest approved sanitary landfill. Refuse areas shall be maintained in a clean, sanitary manner so as not to attract, harbor or breed insects, rodents or any manner of vermin or pest.

(xvi)

The entrance and exit for a recreational vehicle park or campground to or from a major arterial, collector or local street shall be no more than 80 feet. There shall be only one ingress and egress from a U.S., state, city or local road, with an internal street system providing access to individual spaces.

(xvii)

The recreational vehicle park shall position individual spaces so recreational vehicles shall be in reverse frontage to U.S., state, city or local roads, with the street system constructed and maintained by the park owner. Interior street systems for parks shall be constructed to city standards and approved by the city engineer.

(xviii)

All recreational vehicle parks or campgrounds shall have a minimum of one wastewater treatment disposal system approved by the county health department. Each unit shall be a minimum of 1,000 gallons in capacity.

(5)

Warehousing.

(a)

When located within CR-MX zoning districts, the primary building façade of all buildings associated with such use shall be required to be designed as a single story shopfront (see section 102-B-5-2).

(b)

Such use shall be located a minimum of 1,500 feet from the property boundary of any other such use.

(c)

No sale of merchandise or flea markets shall be conducted on the property.

(d)

No outdoor storage is permitted within CR-MX zoning districts.

(e)

No outdoor speakers or amplification shall be permitted within CR-MX zoning districts.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Day care facility.

(a)

Where a day care facility, except an adult day care center, is provided as a principal use or requires a special permit, an outdoor play area must be provided and must meet the size, location, and fence requirements for playgrounds set forth in the Rules for Child Care Learning Centers as adopted and amended by the Georgia Department of Early Care and Learning pursuant to O.C.G.A. § 20-1A-1 et seq.

(b)

Where a day care facility is allowed as of right or requires a special permit, it may be established and operated in the city only in accordance with the following policies and procedures:

(i)

Day care facilities shall be operated only in zoning districts in which they are allowed as a permitted use or as a special permit use.

(ii)

Persons seeking to operate a day care facility in the city must file an application with the city. Each day care facility application shall include a description of the program. The application shall also certify that the proposed day care facility will meet and be operated in conformance with all state, federal and local laws and regulations. The zoning administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed day care facility will meet applicable laws, regulations and development standards.

(iii)

If the zoning administrator determines an application to operate a day care facility is in compliance with the applicable requirements, the zoning administrator shall approve the application for permit, but the certificate of occupancy or approval for operation of any day care facility shall not be issued until the applicant has submitted proof of registration or authorization from the applicable Georgia Department to operate the day care facility.

(iv)

Day care facilities must have a business license with the city.

(v)

No permit for the operation of a day care facility shall be transferable.

(vi)

No such facility shall be located within 1,000 feet of any other such facility.

(c)

Where a day care facility requires a special permit, the following items, which are in addition to the special permit standards, shall be considered in determining whether the day care facility shall be approved:

(i)

The suitability of the proposed facility in view of the use and development of adjacent and nearby properties.

(ii)

The impact that the proposed facility will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services.

(iii)

The impact that the proposed facility will have on established property values and on the health, safety, comfort and general welfare of the residents of the city.

(2)

Places of worship.

(a)

When located in ES-R, SU-R, TN-R, and G-RL districts the following standards shall apply:

(i)

Provide a continuous landscaped buffer at least 15 feet wide along all side or rear property lines adjacent to ES-R, SU-R, TN-R, and G-RL zoned property, except for perpendicular crossings of driveways or utility lines.

(ii)

Accessory uses shall be limited to the following: parking; classrooms; library; assembly hall and kitchen for social and educational gatherings and meals; gymnasium; playground; storage building; day care facilities, after school care, or pre-kindergarten (Pre-K); cemeteries; outdoor recreation, provided that the property contains at least five acres, fields do not provide outdoor lights, and recreational activity is limited to 9:00 a.m. to 9:00 p.m.

(iii)

Sound systems, where provided, shall be prohibited from being audible beyond all property lines adjacent to ES-R, SU-R, TN-R, and G-RL zoned property.

(3)

Elementary and secondary schools.

(a)

When located in ES-R, SU-R, TN-R, and G-RL districts the following standards shall apply:

(i)

Provide a continuous landscaped buffer at least 30 feet wide along all side or rear property lines adjacent to ES-R, SU-R, TN-R, and G-RL zoned property, except for perpendicular crossings of driveways or utility lines.

(ii)

Sound systems, where provided, shall be prohibited from being audible beyond all property lines adjacent to ES-R, SU-R, TN-R, and G-RL zoned property.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Manufactured homes.

(a)

Reserved.

(b)

Reserved.

(c)

Reserved.

(d)

Nonconforming manufactured home parks. Nonconforming mobile/manufactured home parks lawfully existing at the time of adoption of the ordinance from which this division is derived may be continued, but if such nonconforming use is discontinued for a period of 90 days, the manufactured home park shall be made to conform with the requirements of this division prior to its being occupied again. Any expansion or addition to an existing manufactured home park shall be in compliance with this division.

(e)

Annual report of location; location decal. Every person holding title to or possession of a manufactured home which is placed or located within the limits of the city shall report the location of, and obtain a location decal for, the manufactured home from the county tax commissioner annually, no later than April 1 of each year. Such location decal shall be designed in such manner and affixed to the manufactured home in such manner as to cause it to be easily visible for inspection.

(f)

Occupancy permit. Any owner of a manufactured home, whether locating or relocating the manufactured home, shall obtain a permit from the city indicating compliance with all applicable codes before any person is authorized to occupy any newly installed manufactured home.

(g)

Conditions for moving manufactured home into or within city. A manufactured home permit to move a manufactured home into or within the city will not be issued until the following conditions have been met in accordance with established administrative procedures:

(i)

A valid location decal must be issued from the tax commissioner's office and attached to the manufactured home.

(ii)

All manufactured homes located in the city shall be model year 1985 or later.

(iii)

All manufactured homes must be located at an approved manufactured home space, or in an approved manufactured home park subject to the requirements of this division.

(iv)

For individual lots not approved under the manufactured home park regulations, a sanitary permit must be obtained from the county health department for on-site sewage disposal, or, if sewer service will be provided, a letter shall be provided by the local government providing the service verifying it will allow public sewer hookup.

(v)

All manufactured homes located on individual lots will adhere to the appearance standards set forth in article V of this UDO.

(h)

Building permit. A building permit shall be required to locate a manufactured home in the city except under the following condition: Manufactured homes may be brought in the county and located on a sales lot of a state-approved dealer as listed in the office of the state safety commissioner for sale without a building or sanitary permit. However, under no exceptions shall any manufactured home, which is located on a sales lot, be occupied unless all permit requirements in this section are met. Installation must comply with the Rules and Regulations for Manufactured Homes, chapter 120-3-7, appendix A, made and promulgated by the state safety fire commissioner pursuant to authority set forth in state law.

(i)

Temporary electrical power. The city, after inspection, is authorized to permit the applicable power company to provide temporary power not to exceed 120 volts for the express purpose of completing necessary construction and installation of the manufactured home. This provision specifically does not authorize permanent power hookup or occupancy of the manufactured home. It shall be unlawful for temporary power to be utilized on a permanent basis or for occupancy of such home

(j)

Minimum construction standards. Each newly installed manufactured home in the city shall conform to the minimum construction standards required by U.S. Department of Housing and Urban Development (HUD), as required by the National Mobile Home and Safety Standards Act of 1974, 42 USC 5401 et seq., before that manufactured home is entitled to receive any utility service to the manufactured home. It is the intent of this subsection to prohibit moving manufactured homes into the city that do not conform to the applicable Department of Housing and Urban Development construction standards, as expressed in 42 USC 5401 et seq., and regulations established pursuant to that act. To that end, no manufactured home shall be allowed to locate or relocate for permanent or temporary occupancy in the city unless that manufactured home complies with the minimum construction standards required by HUD, which compliance must be evidenced by the affixation of a permanent label or tag certifying the compliance. Manufactured homes which do not display certification compliance shall not be eligible for a city building and/or occupancy permit. Any manufactured home in the city which legally exists at the time of adoption of the ordinance from which this division is derived that does display certification compliance shall not be required to have certification. However, any manufactured home which does not display certification shall be considered a nonconforming structure and shall not be relocated to any other site within the city.

(k)

Installation requirements. All newly installed manufactured homes shall be permanently connected to water, sewage and electrical service in compliance with applicable health codes and chapter 120-3-7, Rules and Regulations for Manufactured Homes, plus appendix A of that document, made and promulgated by the state safety fire commissioner. All manufactured homes shall be installed on an approved pier system and secured with approved tiedown devices, and shall have an approved plumbing system, an approved electrical system and an approved landing at each exit as required by the rules and regulations mentioned in this subsection and in compliance with appearance standards for the appropriate zoning district. Each manufactured home shall be installed such that the finished floor level of the manufactured home shall not exceed an average height higher than 80 inches in elevation from the finished grades, in accordance with chapter 120-3-7, appendix A. All manufactured homes shall be installed to meet the manufacturer's regulations. At the time of inspection, the space beneath each manufactured home shall be enclosed, with the exception of ventilation and access openings, and according to the appearance standards in article V of this subchapter. The enclosing materials shall extend from the lower edge of the exterior walls of the manufactured home to the ground surface level of the pad on which it is located. All ventilation and access openings shall be covered with wire mesh screen or its equivalent.

(l)

Inspection of manufactured homes.

(i)

Foundation. The building official shall require the foundation to be inspected to ensure compliance with the Rules and Regulations for Manufactured Homes, as may be subsequently revised. The Rules and Regulations for Manufactured Homes are incorporated as a part of this division by reference. Until the foundation is inspected and approved by the city, no additional work will be approved.

(ii)

Plumbing. The city shall require the external plumbing system to be inspected, including water and sewage hookups, to ensure compliance with Rules and Regulations for Manufactured Homes and the appropriate, applicable, accepted plumbing codes used by the city for site-built homes. Until the plumbing system is inspected and approved by the city, no additional work will be approved.

(iii)

On-site sewage systems. Where individual on-site sewage systems are installed with public or community water systems, the minimum lot size shall be no less than required in the zoning district in which the home is located. All on-site sewage systems shall be subject to county health department approval. Where individual on-site sewage systems are installed in conjunction with private water systems, the minimum lot size shall be no less than three-fourths acre.

(iv)

Stairs and landings. The city shall require stairs and landings to comply with section 1108, Stairway Construction, of the Georgia State Building Code, as amended, and also to section P, appendix A of the Rules and Regulations for Manufactured Homes, as amended.

(v)

Electrical system. The city shall require inspection of the electrical system to ensure compliance with the Rules and Regulations for Manufactured Homes and the current National Electrical Code, as amended.

(vi)

Gas system. The city shall require inspection of the gas system to ensure compliance with the current Standard Gas Code, as amended.

(vii)

Until these inspections have been made and the manufactured home is found to be in compliance with all applicable codes, no permanent power may be installed, and no occupancy shall be permitted. Evidence of compliance will be shown by written documentation provided to the applicant and a sticker attached to the electrical meter base.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Social service facility, including halfway house, drug rehabilitation centers, drug dependency treatment facilities.

(a)

Persons seeking to operate such a facility must file a permit application with the city.

(i)

If required by state regulations, such uses shall be approved by the appropriate state licensing agency.

(ii)

Such uses shall be located at least 3,000 feet from any other such use, measured in a straight line from property line to property line.

(iii)

Each permit application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the state department of community health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable state and federal laws and regulations and with all codes and regulations of the city.

(iv)

All application forms and information submitted to the state department of community health shall be submitted with the city permit application.

(v)

The zoning administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed home will meet applicable laws, regulations and development standards.

(vi)

No permit for the operation of the facility shall be transferable.

(vii)

No facility shall be operated without both a valid permit from the city and a valid license from the state department of community health.

(viii)

All such facilities must provide at least 80 square feet of personal living space per resident or that amount required by the state for the licensing of such facilities, whichever is greater.

(ix)

No signs shall be permitted other than those permitted by the regulations of the zoning district within which such facility is located.

(x)

All applications shall include a "good neighbor plan" which contains, at minimum, the following components:

(1)

Hours of operation;

(2)

Designated staff member, telephone number and administrative procedure for neighborhood complaints or concerns; and

(3)

A grounds maintenance plan.

(xi)

Each social service facility governed by this ordinance shall be required to apply for and received accreditation by the Council on Accreditation (group living services) or Commission on Accreditation of Rehabilitation Facilities (group home care) within two years of the receipt of the special use permit required hereunder, and shall maintain such accreditation while operating the social service facility. Those group treatment facilities operating as a nonconforming use shall be required to apply for and receive such accreditation by August 1, 2023, and shall maintain such accreditation while operating the social service facility.

(xii)

Any special permit which has been issued or which may hereafter be issued by the city to any permittee under this code section may be suspended or revoked for due cause as hereinafter defined, and after a hearing has been held by the city council for the purpose of considering any such suspension or revocation. At least five days prior to such hearing, written notice of the time, place and purpose of such hearing, and a statement of the charge or charges upon such hearing is to be held, shall be given to the holder of such permit for which suspension or revocation is to be considered. Due cause for the suspension or revocation of a permit shall consist of a violation of any laws or ordinances applicable to regulating such social service facility, violation of regulations made pursuant to authority granted for the purposes of regulating such facility, or failure of the permittee or his/her employees to promptly report to the police department any violation of the law or ordinances, any breach of the peace, disturbance or altercation resulting in violence which may occur in or upon the permitted premises. A decision shall be rendered in writing by the city council within ten days of the hearing referenced hereinabove. Appeal of such decision shall be by writ of certiorari or any other lawful process to the Superior Court of Troup County.

(2)

Personal care home, assisted living facility, nursing homes.

(a)

Persons seeking to operate such a facility must file a permit application with the city.

(b)

Each permit application shall include an affidavit that the applicant either has applied or will immediately apply for the corresponding permit or authorization for the operation of the facility from the state department of community health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable state and federal laws and regulations and with all codes and regulations of the city.

(c)

All application forms and information submitted to the state department of community health shall be submitted with the city permit application.

(d)

The zoning administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed home will meet applicable laws, regulations and development standards.

(e)

If the zoning administrator determines that an application to operate the facility has met all applicable requirements including the applicable permit requirements delineated in the table of permitted and prohibited uses for the respective zoning district of the proposed use, the zoning administrator shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the state department of community health.

(f)

No permit for the operation of the facility shall be transferable.

(g)

No facility shall be operated without both a valid permit from the city and a valid license from the state department of community health.

(h)

All such facilities must provide at least 80 square feet of personal living space per resident or that amount required by the state for the licensing of such facilities, whichever is greater.

(i)

No signs shall be permitted other than those permitted by the regulations of the zoning district within which such facility is located.

(j)

For personal care homes only, no such facility shall be located within 800 feet of any other such facility.

(3)

Social service facility, personal care home, assisted living, nursing home requiring a special use permit. When a social service facility, personal care home, assisted living facility or nursing home requires a special permit, the following items shall be considered in determining whether the facility shall be approved:

(a)

The impact of the facility in view of the use and development of adjacent and nearby properties;

(b)

The impact that the proposed facility will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services; and

(c)

The impact that the proposed facility will have on established property values and on the health, safety, comfort and general welfare of the residents of the city.

(4)

Roominghouse, boardinghouse. Where a roominghouse or boardinghouse is allowed as of right or as a special permit, the minimum floor area of each bedroom must be 80 square feet of usable floor area per occupant.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Construction field office. Temporary buildings used only in conjunction with construction work are permitted in any district but must be removed immediately upon completion of the construction work.

(2)

Open air seasonal sales.

(a)

A set of operating rules addressing hours of operation, maintenance and security must be prepared and submitted with a permit application.

(b)

A site plan must be provided that depicts the proposed location of the sales area including any tents, fencing, temporary buildings, generators and lights.

(c)

The on-site presence of a manager during hours of operation is required.

(d)

Activities cannot obstruct pedestrian or vehicular circulation, including vehicular sight distances.

(e)

Any temporary structures used in association with the use must be removed within 48 hours after the final day of sales.

(3)

Real estate sales offices and model homes. Temporary buildings used only in conjunction with real estate sales offices and model homes are permitted in any district but must be removed immediately upon completion of the sales of homes in the respective development.

(4)

Special events and festivals. Regulations for special events and festivals located within the downtown business overlay district.

(a)

Sales and displays otherwise prohibited in the building typology regulations of section 102-B-5-2 shall be allowed, on a limited basis, for permitted special events, festivals and downtown development authority sponsored events which are properly permitted pursuant to the terms of this article.

(b)

Any person desiring to display or sell items within the downtown business overlay district outside of enclosed buildings in conjunction with a special event or festival shall obtain a permit from the city which shall be for a period not to exceed three successive days. Said application must be submitted at least 15 days in advance of the event, and shall contain the following information, and any other information reasonably requested by the city:

(i)

The name, address and telephone number of the person seeking to conduct the special event;

(ii)

If the special event is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

(iii)

The date(s) when the special event is to be held; and

(iv)

The hours when the special event will begin and terminate.

(c)

The special event permit fee shall be waived for events sponsored by the downtown development authority or any other nonprofit organization.

(d)

The city manager or his/her designated representative shall act upon the application for a special event permit within five working days after the receipt thereof. Such application shall be granted as provided for in this section when, from a consideration of the application and from such other information as may otherwise be obtained, it is determined:

(i)

The conduct of the special event will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic within the area of the event;

(ii)

The conduct of the special event will not require the diversion of so great a number of police officers and other city personnel as to prevent normal services provided by the city;

(iii)

The concentration of persons and vehicles at assembly points of the event will not unduly interfere with proper fire and police protection to areas contiguous to the event area; and

(iv)

The information contained in the application is not found to be false or nonexistent in any material detail.

(5)

Temporary storage container.

(a)

Temporary storage containers shall be temporarily authorized as an accessory structure only when in compliance with each of the following requirements:

(i)

Only one temporary storage container is authorized per lot for a period of time not to exceed 90 days in any 365-day period. This 90-day time limit may be extended only by issuance of a building permit for an accessory shed/garage structure.

(ii)

Such temporary storage containers may not exceed 900 cubic feet in volume.

(iii)

Temporary storage containers shall not be located within five feet of any property line. Temporary storage containers shall not be located within any public right-of-way, street, easement, storm water area, required buffer, or sidewalk unless a permit to do so has been issued, provided that no such permit may exceed the 90-day time limit set forth in subsection (i) above.

(6)

Warming centers.

(a)

Warming centers shall be permitted when temperatures are projected to be 40 degrees or colder.

(b)

Warming centers shall be prohibited from being operational for more than 180 days in a calendar year.

(c)

Warming centers shall not be located within 1,000 feet of another warming center.

(7)

Yard/garage sales. Yard sales and garage sales shall be subject to the following restrictions.

(a)

No yard sale shall be conducted for more than 72 consecutive hours over three days.

(b)

Yard sales shall be open for business during daylight hours only, opening no earlier than sunrise and closing by sunset.

(c)

A maximum of four yard sales is allowed during any one calendar year on any property or parcel.

(d)

Items offered for sale and associated signage shall not be displayed within any public rights-of-way.

(e)

Yard sales shall not create a nuisance to neighbors, shall not block driveways, sidewalks or other access ways and shall not create dangerous traffic conditions on adjacent and/or nearby roads.

(f)

Open outdoor storage of yard sale items and display tables, except during the specified times of the sale, is prohibited. Tarps, blankets, or other similar coverings shall not be considered adequate enclosures for outdoor storage of yard sale items.

(g)

All signage related to yard and estate sale events and flea markets shall be in accordance with the signage regulations of article X of this subchapter. Signage associated with yard and estate sales shall be removed within 24 hours of the end of the yard sale.

(h)

Yard sales, including joint yard sales, may be allowed on other properties not owned by the primary organizer of the joint yard sale; provided that written permission is obtained from the property owner and that the other established restrictions set forth in this ordinance are observed.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)