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. 21-10, § 1, 6-22-21)

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 chapter conflict with other standards provided in the UDO, the standards of this chapter shall apply. The following supplemental use standards are organized by major use category as presented in section 25B-25-1, Table of Permitted and Prohibited Uses. Accessory and temporary uses that permit uses containing supplemental provisions found in other sections of this chapter shall comply with the corresponding provisions of those sections.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Accessory uses are permitted in conjunction with an allowed principal use. Allowed accessory uses are those listed in section 25B-25-1, Table of Permitted and Prohibited Uses.

(b)

Accessory dwellings.

(1)

Only one (1) accessory dwelling may be created per principal dwelling unit.

(2)

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

(3)

The equipment of an accessory building or equipment of part of a principal building with one (1) 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.

(c)

Cargo containers.

(1)

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.

(2)

Cargo containers utilized for an accessory use shall be permitted without restriction in CP-GI and CP-HI districts.

(3)

Cargo containers utilized for an accessory use shall be permitted in the CR-MX districts only upon satisfying the following criteria:

a.

Cargo containers shall be allowed on a permanent basis on lots of one (1) acre or more. Such cargo containers shall be permanently and fully screened from view from all adjacent properties, which shall require either fencing material one (1) foot higher than the height of the cargo container, or planted landscape material that within six (6) months of installation is one (1) foot higher than the height of the cargo container.

b.

Placement of cargo containers shall comply with all applicable building and setback lines. No more than one (1) permanent cargo container shall be allowed per lot, regardless of lot size.

c.

Cargo containers shall be allowed on a temporary basis on lots of less than one (1) acre, but not for greater than 90 days. Neither a permit nor screening shall be required for the placement of a temporary cargo container.

(4)

Cargo containers utilized for a principal use shall be permitted and shall be classified as a single story shopfront building type (section 25B-20-2).

(d)

Day care facilities.

(1)

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

(2)

Where permitted as an accessory use, such use shall meet the supplemental use provisions for day care facilities provided in section 25B-30-7.

(e)

Donation bins.

(1)

Are limited to one (1) per parcel.

(2)

Shall only be permitted on a parcel that also contains a principal building that contains at least one (1) operating business.

(3)

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

(4)

Shall be located as follows:

a.

Shall not be located within one thousand (1,000) feet of any other such use.

b.

Shall not be located within one hundred (100) feet of any residentially zoned parcel.

c.

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

d.

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.

e.

Shall not be located between a building and a street.

f.

Shall only be permitted to display signage on one (1) side.

g.

Shall be clearly visible from the principal building and be no more than 10 feet from a continually operating light source of at least one (1) foot-candle.

h.

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

i.

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

j.

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

k.

Shall be no more than eighty-four (84) inches high, sixty (60) inches wide and fifty (50) inches deep.

l.

Shall not be electrically or hydraulically powered or otherwise mechanized.

m.

Shall have the following information conspicuously displayed on at least two (2) 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.

(f)

Home occupation.

(1)

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

(2)

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

(3)

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

(4)

Other than a nameplate not more than twenty-four (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.

(5)

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

(6)

No sales displays can be visible from outside the dwelling.

(7)

Contact with the public is limited to no more than two (2) visitors in the dwelling at one (1) time.

(8)

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

a.

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

(10)

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

(11)

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

(12)

No vehicle exceeding a one (1) ton capacity is allowed to park on the premises.

(13)

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.

(14)

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

(g)

Horse stables. See subsection (i) for livestock raising.

(h)

Kennel (hobby).

(1)

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

(2)

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

(i)

Livestock raising.

(1)

Any structure, pen, corral or other building appurtenant to the keeping and raising of livestock shall be located a minimum of twenty (20) feet from any property line.

(2)

Livestock including rabbits, guinea pigs, miniature pot bellied pigs, chickens, turkeys and the like, shall be permitted on lots of any size.

(3)

Livestock including horses, pigs, cows, goats, sheep and other hoofed animals, shall be permitted on lots having a minimum of three (3) acres.

(4)

Housing and enclosures. Livestock must be provided with adequate housing. The houses, hutches, pens or other enclosures wherein animals are kept shall have the following minimum area:

a.

Rabbits or guinea pigs, four (4) square feet per animal.

b.

Miniature pot bellied pigs, one hundred (100) square feet per animal.

c.

Chickens and similar fowl, two (2) square feet per bird.

d.

Turkeys, four (4) square feet per bird.

e.

Horses, cows, two hundred (200) square feet per animal.

f.

Sheep or goats, one hundred fifty (150) square feet per animal.

(j)

Outdoor storage. In no case shall the contents of the open yard storage be visible from property lines of any thoroughfare, residence, or open space.

(k)

Poultry raising. See subsection (i) for livestock raising.

(l)

Recreational vehicle and boat parking.

(1)

A maximum of one (1) recreational vehicle and one (1) boat may be parked or stored on a single-family property in the side or rear yard only. Parcels meeting the definition of Lakefront Lots shall be exempt from the limitation of this subsection.

(2)

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

(3)

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. 21-10, § 1, 6-22-21)

(a)

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

(b)

Community garden.

(1)

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

(2)

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.

(3)

Only mechanical equipment designed for household use may be used.

(4)

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.

(5)

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

(c)

Forestry and logging.

(1)

Such activities shall be conducted consistent with "Georgia's Best Management Practices for Forestry" as established by the state environmental protection division, and section 25C-10-34 of this UDO.

(2)

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

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Bed and breakfast inns.

(1)

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

(2)

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.

(3)

Rooms shall not be equipped with cooking facilities.

(b)

Cemeteries.

(1)

Cemeteries shall be located on a site containing not less than ten (10) acres.

(2)

Any new cemetery shall be enclosed by a fence or wall not less than four (4) feet in height.

(3)

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

(4)

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

(5)

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 director.

(c)

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.

(d)

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

(1)

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

(2)

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 (74 m ² ), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public.

(3)

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

(e)

Extended-stay hotels and motels.

(1)

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

(2)

Each guest unit must contain a minimum square footage per unit of three hundred (300) square feet.

(3)

Extended-stay hotels/motels shall not be more than four (4) stories in height.

(4)

Extended-stay hotels/motels must be constructed on a tract of land containing at least two (2) acres.

(5)

Extended-stay hotels/motels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three (3) clothes washers and three (3) clothes dryers for the use of guests.

(6)

Extended-stay hotels/motels must provide a minimum of one thousand (1,000) square feet for recreational use by guests. In computing the one thousand (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.

(7)

Management must be on the property twenty-four (24) hours a day, seven (7) days a week.

(8)

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

(9)

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.

(10)

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 chapter.

(f)

Gasoline stations.

(1)

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

(2)

Outdoor storage is prohibited.

(3)

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.

(4)

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

(g)

Mobile food vendors.

(1)

Permit required.

a.

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 title 30 of the City Code.

b.

An application for a permit hereunder shall be submitted to the director setting forth all information required hereunder and in compliance with this section. The director shall develop a form of application for the purpose of compliance with this section. Such permits shall be valid for one (1) year from the effective date of the permit.

c.

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; 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.

(2)

Prohibited conduct and requirements.

a.

Except for ice cream trucks, no mobile food vendor shall conduct business or operate in the public right-of-way.

b.

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

c.

A mobile food vendor shall maintain a one million dollar ($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 thirty (30) days advanced written notice to the city.

d.

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 of LaGrange noise ordinance.

e.

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.

f.

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

g.

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

h.

Mobile food vendors shall not be located within fifteen (15) feet of any street intersection or pedestrian crosswalk or ten (10) feet of any driveway.

i.

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.

j.

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.

k.

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 (3) inches in height, with the name and address of the mobile food vendor licensee.

l.

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.

m.

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 (2) rear-vision mirrors, one (1) 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.

n.

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 (3) 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 twenty-five (25) feet from the sales location and liquid spills near the vendor shall be properly cleaned following each stop.

o.

Notwithstanding any provision herein to the contrary, a mobile food vendor may return to and from a particular lot during the three (3) day period of limitation referenced herein. Merchants participating in events on public property sanctioned and approved by the Downtown LaGrange 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.

(3)

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 LaGrange, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever.

(h)

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

(i)

Reserved.

(j)

Pet care and veterinary services.

(1)

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

(2)

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

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Landfills (inert waste).

(1)

Minimum acreage of site: Twenty-five (25) acres.

(2)

No facility shall be permitted within five hundred (500) feet of a dwelling, private well, or school.

(3)

A minimum one hundred (100) foot-wide buffer, meeting the requirements of this chapter, shall be maintained on all property lines including property lines abutting a public street.

(4)

All facilities shall be enclosed with a security fence at least six (6) feet in height with openings therein not more than those in two (2) inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six (6) foot-high solid fence or wall is required inside buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to county staff for approval.

(5)

Access to inert waste landfills shall be limited to authorized entrances that shall be closed when the site is not in operation. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the director of public services to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the county.

(6)

Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume.

(7)

A uniform compacted layer of clean earth no less than one (1) foot in depth shall be placed overall exposed inert waste material at least monthly.

(8)

The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

(9)

The property owner shall obtain a land-disturbing permit for any inert waste landfill.

(10)

Any operator of any inert landfill shall comply with the performance requirements of chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(11)

No hazardous wastes, industrial wastes, demolition wastes, biomedical wastes, asbestos, or liquid waste shall be allowed in an inert waste landfill.

(12)

This section shall not prohibit the burial of dry waste building materials on the same property of a structure currently under construction. However, hazardous materials may not be included in this disposal.

(13)

Suitable means, such as stockpiled soil, shall be provided to prevent and control fires.

(14)

A uniform compacted layer of final cover not less than two (2) feet in depth and a vegetative cover shall be placed over the final lift not less than one (1) month following final placement of inert waste within the lift.

(15)

Notice of final closure must be provided to the inspections department within thirty (30) days of receiving the final load of waste. Any site not receiving waste in excess of one hundred eighty (180) days shall be deemed abandoned and in violation of this section unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

(b)

Landfills (all other types).

(1)

Minimum acreage of site: One hundred (100) acres.

(2)

No facility shall be permitted within five hundred (500) feet of a dwelling, private well, or school.

(3)

A minimum two hundred (200) foot-wide buffer, meeting the requirements of this chapter, shall be maintained against all property lines including property lines abutting a public street.

(4)

All facilities shall be enclosed with a security fence at least six (6) feet high with openings therein not more than those in two (2) inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six (6) foot-high solid fence or wall is required inside the buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to county staff for approval.

(5)

Limited access. A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the director of public services to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the county.

(6)

The property owner shall obtain a land-disturbing permit for any sanitary landfill.

(7)

Groundwater protection. The site must be designed with adequate soil buffers or artificial lines and leachate collection and treatment systems to preclude, to the maximum extent possible, the contamination of drinking water supplies.

(8)

Erosion and sedimentation control. All surface runoff from disturbed areas must be controlled by the use of appropriate erosion and sedimentation control measures or devices. Sediment basins must be designed to handle both the hydraulic loading for the twenty-five (25) year, twenty-four (24) hour storm and the sediment loading from the drainage basin for the life of the site.

(9)

Revegetation. The plan must call for the revegetation of any disturbed area that will remain exposed for more than three (3) months. Revegetation of final cover must take place within two (2) weeks after final cover placement.

(10)

Sequence of filling. The plan must define a sequence of filling the entire site that minimizes any problems with drainage or provides for all-weather access roads to the working area.

(11)

Daily cover. The composition of daily cover shall meet the following standards:

a.

Must be capable of preventing disease vectors, odors, blowing litter, and other nuisances.

b.

Must be capable of covering solid waste after it is placed without change in its properties and without regard to weather.

c.

Must be capable of allowing loaded vehicles to successfully maneuver over it after placement.

d.

Must be noncombustible.

e.

Forty (40) percent by weight of the fragments in the daily cover shall pass through a two (2) millimeter, No. 10 sieve.

f.

Must not include rock fragments that are greater than six (6) inches in diameter.

(12)

Intermediate or monthly cover. The composition of intermediate or monthly cover shall meet the same criteria for daily cover and be capable of supporting the germination and propagation of vegetative cover.

(13)

Final cover. The composition of final cover shall meet the same criteria as for monthly cover and must compact well and preclude the excessive infiltration of surface water.

(14)

Final grading. The grade of final slopes shall be designed, installed and maintained to:

a.

Ensure permanent slope stability.

b.

Control erosion due to rapid water velocity and other factors.

c.

Allow compaction, seeding and revegetation of cover material placed on slopes.

d.

Ensure minimal percolation of precipitation into and surface runoff onto the disposal area.

e.

The grade of the final surface of the facility may not be less than three (3) percent nor greater than thirty-three (33) percent.

(15)

Fire protection, groundwater monitoring, methane gas control, liners and leachate collection, closure, post-closure care and financial responsibility shall be in conformance with chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(16)

Any operator of any sanitary landfill shall comply with the performance requirements of chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(17)

No regulated quantities of hazardous waste may be accepted. The operation must have a plan for excluding regulated quantities of hazardous waste.

(18)

No person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator without being duly certified by the state.

(19)

No sanitary landfill which has a leachate collection system shall be operated in the state unless the person in responsible charge is duly certified by the state.

(c)

Motor vehicle towing.

(1)

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

(2)

Outdoor work/storage area where any towed vehicles are stored shall be in the rear yard only surrounded by an eight (8) foot solid visual barrier fence or wall. The visual barrier shall be painted or constructed of one (1) 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.

(3)

Vehicles shall not be stacked. Only one (1) vehicle height shall be permitted within the vehicle storage areas.

(4)

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.

(5)

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 director. Any drained fluids shall be disposed of in a manner consistent with Georgia Rules of Hazardous Waste Management and applicable federal regulations.

(6)

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 director and the Troup County Health Department, for compliance with these standards.

(7)

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.

(8)

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

(9)

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

(10)

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

(11)

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 of LaGrange ordinances that are applicable to salvage and junk yards.

(d)

Personal storage.

(1)

When located within CR-MX and CP-GB 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 25B-20-2).

(2)

Self storage units shall be located a minimum of one thousand five hundred (1,500) feet from the property boundary of any other such use.

(3)

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

(4)

No outdoor storage is permitted.

(5)

No outdoor speakers or amplification shall be permitted.

(e)

Recreational vehicle and boat storage.

(1)

When located within CR-MX and CP-GB 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 25B-20-2).

(2)

No sale of merchandise shall be conducted on the property.

(3)

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

(4)

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

(5)

Recreational vehicle parks are permitted as part of this use.

(f)

Warehousing.

(1)

When located within CR-MX and AC-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 25B-20-2).

(2)

Such use shall be located a minimum of one thousand five hundred (1,500) feet from the property boundary of any other such use only when a special use permit (SUP) is required in accordance with section 25B-25-1.

(3)

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

(4)

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

(5)

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

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 24-11, § 1, 5-28-24)

(a)

Day care facility.

(1)

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.

(2)

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:

a.

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.

b.

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 director 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.

c.

If the director determines an application to operate a day care facility is in compliance with the applicable requirements, the director 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.

d.

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

e.

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

(3)

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:

a.

The suitability of the proposed 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.

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.

(b)

Places of worship.

(1)

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

a.

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

b.

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 (5) acres, fields do not provide outdoor lights, and recreational activity is limited to 9:00 a.m. to 9:00 p.m.

c.

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

(c)

Elementary and secondary schools.

(1)

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

a.

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

b.

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

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 24-09, § 1, 5-28-24)

(a)

Manufactured homes.

(1)

Manufactured homes are permitted only within the SD-MH district.

(2)

Manufactured homes located within this district shall be used for residential purposes only. A lot upon which a manufactured home is placed within a manufactured home park may be owned, and leased or rented to another for placement of the manufactured home thereon or the owner may place a manufactured home thereon for his use or to be rented.

(3)

Plans. A plat plan shall accompany the application for a permit to construct or operate a manufactured home park and shall be prepared by a registered engineer or surveyor showing the following information:

a.

All property lines with dimensions;

b.

The adjoining street with right-of-way and paving widths;

c.

The location of buildings or other structures referenced to the centerline of adjoining streets and to the property lines of the tract;

d.

Paved entrances and exits and off-street parking areas;

e.

Proposed street right-of-way lines showing property to be dedicated for widening of existing thoroughfares;

f.

A north arrow for orientation, the land district and land lot, date and other such information;

g.

Driveways, walkways and manufactured home sites;

h.

The method and plan of sewage disposal;

i.

The location of garbage receptacles;

j.

The plan of water supply; and

k.

The plan of electric lighting.

(4)

Application to existing parks. Except as pertains to the requirements for the installation and anchoring of manufactured homes as required by O.C.G.A. § 8-2-160 et seq., and required hereby, the provisions of this section shall not apply to manufactured homes existing and located within the corporate limits of the City of LaGrange prior to August 8, 1995, providing the same are existing, located, and maintained as provided by the ordinances of the city prior to that date.

(5)

Placement of manufactured homes outside licensed park.

a.

Except as authorized by or permitted in the regulations for zoning district SD-MH, it shall be unlawful for any person to place a manufactured home which is designed for use for human habitation or which is used or intended to be used for living, sleeping, business or commercial purposes, whether the same is or is intended to be for permanent dependent or independent use, in the city unless the same is placed in a licensed manufactured home park located in a SD-MH district as defined by this section and then only when the same is located, affixed and maintained pursuant to the provisions of this section.

b.

The parking of the manufactured home in any district other than a manufactured home park zoning district shall be temporarily permitted under the following conditions and circumstances only:

1.

The storage of manufactured homes on commercial sales lots when the same are not used for any purpose other than inspection and display;

2.

Placement of manufactured homes upon construction sites by construction contractors during the period of construction, provided the same shall not be used for living quarters but shall be used only in conjunction with construction in progress upon the site where located;

3.

Placement of a manufactured home, semi-trailer or any combination thereof is hereby authorized when used by a charitable or nonprofit organization solely for the purpose of collecting and receiving donated items of clothing, household furniture and furnishings and other items related thereto and shall not be permitted to be used as a dwelling. Any such placement shall at all times comply with all applicable construction codes now or hereafter in force in the city, be tied down and underpinned as required by the applicable provisions of this Code and the laws of the State of Georgia and have a secured collection box and/or device designed to prevent pilferage or the scattering of the items donated. Any such location used for the purposes specified in this subparagraph (d) shall require a special use permit.

(6)

Area; density. No manufactured home park shall be constructed nor shall any be permitted within the city unless located within a manufactured home park district and developed as follows:

a.

Each manufactured home park or trailer park shall have a minimum land area of four (4) acres and shall front upon or abut a public street of the city sufficient to provide adequate ingress and egress as determined by the department of public services and the department of utilities;

b.

The plot plan for a manufactured home park must reflect and show density of not more than six (6) manufactured home units per acre with the layout thereof to be approved in writing by the department of public services and the department of utilities prior to licensing or development;

c.

Each lot within a manufactured home park used or to be used for location of an individual manufactured home unit must front not less than fifty (50) feet on an interior road in such manufactured home park, must meet the setback requirements contained in subsection (17) of this section and shall have a minimum area of five thousand (5,000) square feet for a single-wide manufactured home and a minimum of six thousand (6,000) square feet for a double-wide manufactured home; provided, however, such minimum lot requirements shall be subject to the maximum density provisions contained in the preceding subsection b.

d.

Each manufactured home lot shall be grassed, and at least two (2) trees having a minimum height of four (4) feet at the time of planting shall be planted and maintained for each manufactured home space within the manufactured home park.

(7)

Manufactured home installation and anchoring requirements. All manufactured homes located in a manufactured home park shall be installed and anchored in compliance with the requirements of O.C.G.A. § 8-2-160 et seq. prior to occupancy and within sixty (60) days of the date that the manufactured home is placed on the lot. No city utility connections or services shall be afforded to any manufactured home, unless the same is installed and anchored as required hereby. In the event the manufactured home is not installed and anchored as required hereby within sixty (60) days of the date of placement on the lot, the department of utilities may, at the request of the building official, terminate and/or disconnect any or all city utilities or services, unless or until the installation and anchoring has been completed as required hereby.

(8)

Buffer strips. A manufactured home park must be entirely surrounded and enclosed, exclusive of approved driveways for ingress and egress, by either of the following types of buffer areas:

a.

A strip having a minimum width of ten (10) feet along all property lines adjoining a street right-of-way and twenty (20) feet along all side and rear property lines not adjoining a street right-of-way planted per the requirements of chapter 25C-10; or

b.

A strip having a minimum width of five (5) feet along all property lines adjoining a street right-of-way and ten (10) feet along all side and rear property lines not adjoining a street right-of-way and a fence or wall which must be rot-resistant and fire-resistant and constructed of wood, brick, stone, wrought iron, iron or powder coated aluminum. The fence or wall should not exceed four (4) feet in height along the street right-of-way or eight (8) feet in height adjacent to all side or rear property lines. The side of the fence or wall facing adjacent property shall be finished and trees and shrubs shall be planted between the fence or wall and the property line to provide an opaque screen. The buffer area as provided in this subsection a. or b. shall not be placed within fifteen (15) feet of normal vehicular entrances or exits and shall have no signs or advertisements attached thereto or hung therefrom.

(9)

Access and interior roads. All access roads for ingress to or egress from manufactured home parks to public streets and all interior roads located within a manufactured home park shall be paved with asphalt and shall have either curb and gutter sections or extruded curbs and shall have a minimum width of twenty-four (24) feet from back of curb to back of curb, the plans and specifications therefor to be approved in writing as part of the approval of the plot plan for the manufactured home park. Such access road and all interior roads shall be owned and maintained by the owner of the manufactured home park and the same shall not at any time be owned by or become the property of the city. The city shall have no duty of or responsibility for the maintenance of such access and/or interior roads. Additionally, in the event the plan for a manufactured home park shall indicate the location therein of dead-end streets, the city shall require the addition of turnarounds or connecting streets at such dead end street locations.

(10)

Parking. Each lot in a manufactured home park will be required to provide two (2) off-street automobile parking spaces which will be either graveled "all weather surface" or paved, but gutters and curbing shall not be required for such off-street parking.

(11)

Signs. Signs shall be allowed only pursuant to the applicable provisions of chapter 25B-45.

(12)

Drainage. The park shall be located on a well-drained site and shall be properly and adequately landscaped and graded to ensure rapid and adequate drainage to ensure that the site will be free from stagnant pools or water. A drainage plan for the manufactured home park shall be approved prior to or as a part of the final approval of the manufactured home park. In this connection, the mayor and council may approve the zoning change necessary for development of a manufactured home park, but any such approval shall be subject to the final approval and licensing of the park as required by this section prior to commencement of construction.

(13)

Area for temporary manufactured homes or recreational vehicles. The manufactured home park may contain an area for the location of temporary manufactured homes or recreational vehicles under such terms and conditions as may be authorized by the mayor and council. Any such separate area for recreational vehicles or temporary manufactured homes must be so designated on the plans for development of such manufactured home park and signs erected thereon for each site. Any such recreational vehicle or temporary manufactured home must contain adequate bathing and sanitary facilities, and such recreational vehicles or temporary manufactured homes shall not be located for more than sixty (60) days unless such recreational vehicles or temporary manufactured homes are to be located upon a standard lot in the manufactured home park and must comply with any and all tie-down and underpinning requirements. Additionally, any such recreational vehicle or temporary manufactured home spaces must be equipped with adequate water, sewer and electric hookups for each such recreational vehicle or temporary manufactured home.

(14)

Cutting grass; maintenance of shrubs; pickup of trash. The owner of each manufactured home park, regardless of whether he owns the manufactured home located therein for rental purposes or whether he rents lots therein upon which private owners place their manufactured homes, shall be responsible for and shall ensure that the grass therein is cut and maintained and that adequate maintenance of shrubs and the pickup of trash and litter in the park are accomplished as required by this section. Garbage and trash collection will be performed by the city on the same basis as required for other residential areas in the city.

(15)

Setbacks. No manufactured home shall be located within:

a.

Ten (10) feet of its individual lot line;

b.

Twenty (20) feet of another side-by-side or end-to-end manufactured home;

c.

Fifty (50) feet of the right-of-way line of any public street; or

d.

Twenty (20) feet of any exterior boundary of the manufactured home park abutting any thoroughfare.

(16)

Underpinning. All manufactured homes located within the City of LaGrange shall be constructed as follows:

a.

All manufactured homes shall be underpinned. Underpinning shall be defined as the enclosure of the vertical area between the ground and the lowest part of the manufactured home at the outside wall. It shall surround the entire perimeter of the manufactured home by the use of the following materials:

1.

Solid concrete wall.

b.

All manufactured homes shall have hollow core masonry construction.

c.

All manufactured homes shall have brick and mortar.

d.

All manufactured homes shall have undamaged fiberglass panels.

e.

All manufactured homes shall have corrugated sheet metal.

f.

No other material may be used for underpinning a manufactured home unless approved in writing prior to installation by the building official.

(b)

Short-term rentals.

(1)

Purpose.

a.

The purpose of this subsection is to protect the public health, safety, and general welfare of individuals and the community at large; to monitor and provide reasonable means for citizens to mitigate impacts created by occupancy of short-term rental units; and to implement rationally based, reasonably tailored regulations to protect the integrity and character of neighborhoods in which short-term rental use occurs.

b.

This subsection is not intended to regulate hotels, motels, inns, or boarding houses.

(2)

Definitions. The following words, terms, and phrases, when used in this subsection, shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning.

Local contact person: A person, firm or agency representing the owner(s) of a short-term rental, who must be at least twenty-five (25) years of age, and have access and authority to assume management of the short-term rental and take remedial measures.

Owner: One who holds title to real property upon which a short-term rental is located.

Property: A legal lot of record on which a short-term rental is located.

Rental term: The period of time a responsible person rents or leases a short-term rental, which can be no more than thirty (30) consecutive nights.

Responsible person: An occupant of a short-term rental who is at least twenty-five (25) years of age and who is legally responsible for ensuring that all occupants of the short-term rental comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental.

Short-term rental: A qualifying residential property, facility, or structure used for transient occupancy, providing overnight lodging or accommodations for a period not exceeding thirty (30) consecutive days.

Three-quarter bathroom: A bathroom containing a sink, toilet, and either a shower or tub.

(3)

Applicability; zoning districts; distance requirements.

a.

Short-term rentals are a permitted use in the following zoning districts: Corridor mixed use (CR-MX), activity center mixed use (AC-MX), and downtown mixed use (DT-MX). Short-term rentals require a special use permit in the following zoning districts: estate single-family residential (ES-R), suburban single-family residential (SU-R), and traditional neighborhood residential (TN-R).

b.

Short-term rentals must be separated by a minimum distance of one thousand (1,000) feet, as measured property line to property line except for those located within the DT-MX district for which there shall be no distance requirement.

c.

The allowance of short-term rentals pursuant to this subsection shall not prevent the legal enforcement by a neighborhood of additional restrictions which may be contained in restrictive covenants or other private contractual arrangements.

(4)

Permit required.

a.

It shall be unlawful for any owner of any property within the City of LaGrange to rent or operate a short-term rental of residential property contrary to the procedures and regulations established in this subsection, other provisions of this code, or any applicable state law.

b.

Every person engaging in or about to engage in business as an operator of a short-term rental shall immediately apply for a permit and obtain approval for the business with the community development department on the forms provided by the same for such business. Persons engaged in such business must apply for a permit no later than sixty (60) days after this section becomes effective; but such grace period for registration after the effective date of this section shall not relieve any person from the obligation of payment or collection of such permit fee on and after the date of imposition thereof. The required permit hereunder shall set forth the name under which the operator transacts business, and other such information as may be reasonably required by the community development department. The permit application shall be signed by the owner if a natural person, by a member or partner in case of ownership by partnership, an officer in the case of corporation, or an agent acting on behalf of the property owner.

c.

The restrictions and obligations contained in this subsection shall apply to short-term rentals at all times during which such residential properties are marketed or used as short-term rentals.

(5)

Inspection; application.

a.

Prior to submitting an application for a short-term rental permit, the owner or agent of a short-term rental shall request an inspection of the property by the city building official. Such inspections shall require a non-refundable inspection fee of seventy-five dollars ($75.00).

b.

Following a satisfactory inspection by the city building official, the owner or agent of a short-term rental shall submit an application for a short-term rental permit to the city. The short-term rental application shall include:

1.

The complete street address of the short-term rental;

2.

Ownership information, including the name, address, e-mail address, and telephone number of each person or entity with an ownership interest in the property. If the owner of the property is a business entity, the applicant shall list the names and addresses of the stockholders, unit holders, partners, members, or other such persons with an ownership interest in the business entity.

3.

Whether the applicant contends that the short-term rental at issue is operating as a nonconforming use and, if so, the date the short-term rental became operational;

4.

Confirmation that the short-term rental at issue has passed mandatory inspections by the city building official;

5.

The name, address, telephone number, and email address of the local contact person for the short-term rental;

6.

The number of bedrooms and approximate square footage of the short-term rental, and the maximum number of occupants, which shall be two (2) occupants per bedroom plus five (5) children twelve (12) and under;

7.

The maximum number of vehicles that may be parked at the property, which shall be one per bedroom. No vehicles of any type shall be parked on grass, dirt, or the public right-of-way except in designated parking places in front of the property;

8.

Proof of insurance with a minimum of five hundred thousand dollars ($500,000.00) in liability coverage indicating acknowledgment that the property is being used as a short-term rental;

9.

A short-term rental permit sworn acknowledgement form certifying the following:

i.

That an informational notice that is visible and legible is posted inside the front door of the subject property and contains the information outlined in subsection (b)(9) of this subsection.

ii.

That a letter has been mailed to the surrounding property owners located within five hundred (500) feet (as measured property line to property line) of the proposed short-term rental notifying them that a short-term rental permit application is being submitted and providing them with the name and 24×7 contact information for the local contact person, the maximum occupancy, and the maximum number of vehicles.

iii.

That the owner of the short-term rental property has read all regulations pertaining to the operation of a short-term rental and agrees to perform the duties specified in this subsection.

c.

The short-term rental permit application shall be accompanied by an initial permit application fee of two hundred fifty dollars ($250.00) and be subject to an annual renewal fee of two hundred fifty dollars ($250.00) every year thereafter;

d.

All short-term rental permits granted under this subsection shall expire on December 31 of each year. Applicants shall file a renewal application accompanied by the requisite renewal fee with the city on or before January 1 of each year.

e.

All renewal permits not applied for on or before April 1 of each year will be subject to a late fee in the amount of ten percent (10%) plus one and one-half percent (1.5%) for every month thereafter.

f.

A separate short-term rental permit shall be required for each residential structure used for short-term rental.

g.

Any material false or misleading information provided by the owner or local contact person in the application is grounds for denial or revocation of a permit, including the denial of future applications.

(6)

Taxes.

a.

The owner shall timely remit all required sales and excise taxes.

b.

The owner shall timely remit any required hotel/motel tax.

c.

All short-term rental permits issued pursuant to this subsection are also subject to all applicable city code provisions, including but not limited to the following codes and ordinances:

1.

Maximum occupancy limits;

2.

Noise ordinance;

3.

Residential waste ordinance(s);

4.

Sign ordinance;

5.

Residential parking regulations; and

6.

Disorderly houses.

(7)

Permit issuance; transfer of permits.

a.

The mayor and council shall, in accordance with the procedures, standards and limitations of chapter 25B-55, take final action on applications for a short-term rental which require the issuance of a special use permit. Otherwise, if the application shall be found to comply with the provisions of this article, a license shall be issued by the department of community development in accordance with the provisions hereof.

b.

Permits are issued to the applicant and do not run with the land or premises. No permit issued pursuant to this subsection shall be transferred from one person to another. Any change in thirty percent (30%) or more in the ownership of the voting stock of the corporation owning a short-term rental property shall constitute a transfer for the purposes of this section. For other business entities, any transaction in which thirty percent (30%) or more of the ownership or equity interest in the entity owning a short-term rental property is transferred shall constitute a transfer. Any violation of this section shall constitute due cause for suspension or revocation of the permit.

(8)

Property owners; local contact person; responsible person.

a.

Property owners:

1.

The owner shall use reasonably prudent business practices to ensure the short-term rental is used in a manner that complies with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject short-term rental. It is not intended that the owner act as a peace officer or place themselves in harm's way to ensure compliance.

2.

The provisions and penalties of the disorderly houses section of the city code of ordinances shall apply to the owner of a short-term rental.

b.

Local contact person:

1.

Each owner of a short-term rental shall designate a local contact person who has access and authority to assume management of the short-term rental. The local contact person shall be responsible for taking remedial measures while the short-term rental is being rented to an occupant. An owner of a short-term rental may designate themselves as the local contact person;

2.

The local contact person shall be at least twenty-five (25) years of age;

3.

There shall be only one (1) designated local contact person for a short-term rental at any given time;

4.

The local contact person shall be required to respond to complaints about a short-term rental twenty-four (24) hours a day, seven (7) days a week, and within one (1) hour after being notified of any potential violation of this subsection, any other provision of this code, any disturbance, or any complaint regarding the condition or conduct of occupants of the short-term rental. It is not intended that the local contact person act as a peace officer or place themselves in harm's way;

5.

The owner must immediately notify the city's community development department and all neighbors located within five hundred (500) feet of the property (property line to property line) in writing upon a change of the local contact person or change of the local contact person's telephone number. Failure to do so within fourteen (14) days after such change shall, unless such time limit is extended by the city for good cause, be cause for revocation of a short-term rental permit granted pursuant to this subsection;

6.

The local contact person is authorized by the owner to receive and accept service of any notice of violation or citation related to the use or occupancy of the short-term rental;

7.

The local contact person is responsible for monitoring the short-term rental for compliance with this subsection.

c.

Responsible person (short-term rental occupant):

1.

Every short-term rental shall be rented to a designated responsible person of at least twenty-five (25) years of age. The owner of the short-term rental is responsible for compliance with the provisions of this subsection, and the failure by the occupants to designate a responsible person prior to the occupancy of a short-term rental shall be deemed noncompliance by the owner.

2.

The designated responsible person is responsible for ensuring that all occupants of the short-term rental comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject short-term rental.

(9)

Short-term rental operational requirements and conditions.

a.

Each short-term rental shall have a clearly visible and legible notice conspicuously posted inside the short-term rental on or adjacent to the front door which shall contain the following information:

1.

The name of the owner and local contact person of the short-term rental, and a telephone number at which the local contact person may be reached on a 24-hour, seven (7) days a week, basis;

2.

The name and address of the nearest hospital;

3.

The maximum number of occupants, which shall be two (2) occupants per bedroom plus five (5) children twelve (12) and under;

4.

The maximum number of vehicles allowed to be parked on the property, which shall be one per bedroom. All vehicles must be parked in the garage or on paved surfaces. No parking on unpaved surfaces or on the public right-of-way except in designated spaces in front of the property will be permitted;

5.

The trash pickup day, a notification that trash and refuse shall not be left or stored on the exterior of the property unless it is placed in a curbside container, and a notification that the curbside container shall not be placed sooner than dusk on the day prior to the pickup day, and must be removed within a reasonable time following collection; and

6.

The times that quiet hours are to be observed, which shall be from 10:00 p.m. to 7:00 a.m.

b.

Inspections:

1.

Short-term rentals require a site inspection by a city inspector prior to receiving a permit in order to ensure compliance with applicable safety and building codes. The site inspection required by this section shall be required once every five (5) years. Such inspections shall require a non-refundable inspection fee of seventy-five dollars ($75.00).

2.

Each bedroom used for the short-term rental shall have at least two (2) means of egress. Each bedroom shall have at least one operable 5.7 square feet window opening or door for emergency escape or rescue that opens directly to the exterior of the residence. The emergency door or window shall be operable from the inside. These provisions are to comply with Section R310-2012 of the International Residential Code as now exists or may be amended in the future.

3.

Every bedroom, adjoining hallway, and common area shall be equipped with a dual powered and interconnected operational smoke detector that meets International Residential Code standards and shall be maintained in good working order at all times. These provisions are to comply with Section R314-2012 of the International Residential Code as now exists or may be amended in the future.

4.

The short-term rental must have at least one (1) three-quarter (¾) bathroom, as defined in this subsection, for every two (2) bedrooms.

5.

A short-term rental equipped with natural gas shall have a carbon monoxide detector outside of each bedroom. Each carbon monoxide detector must meet applicable state law standards and shall be maintained in good working order at all times. These provisions are to comply with Section R315-2012 of the International Residential Code as now exists or may be amended in the future.

6.

Each floor of the short-term rental shall be equipped with a fire extinguisher that is fully charged and not past its expiration date.

7.

Exterior cameras shall be installed at each point of entry into the short-term rental, and thirty (30) day footage shall be made available to city code enforcement officers for the purpose of investigating complaints and verifying compliance with this subsection.

8.

The owner or local contact person shall maintain a house number that is plainly visible from the street at all times. These provisions are to comply with Section R319-2012 of the International Residential Code as now exists or may be amended in the future.

9.

The short-term rental must meet all applicable International Residential Code regulations, as well as any local ordinances relating to short-term rental properties.

(10)

Revocation of permit.

a.

Any permit issued pursuant to this subsection may be revoked by the city, after notice and hearing, for any of the following causes:

1.

Any fraud, misrepresentation or false statement contained in the application for the permit;

2.

Any fraud, misrepresentation or false statement made in connection with any transaction related to operation of the short-term rental;

3.

Any violation of this subsection; or

4.

The conducting of the business permitted under this subsection in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health safety or general welfare of the public.

b.

Whenever, in the opinion of the city manager or designee, there is cause to revoke said permit, a notice of hearing for the revocation of a permit issued pursuant to this subsection shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing.

1.

The notice shall be served on the holder of the permit by handing the same personally to the person operating the permitted business, or by mailing the same, postage prepaid, to the holder of the permit at her or his last known address at least five (5) days prior to the date set out for the hearing.

2.

The giving of such notice shall suspend the permit pending the outcome of the hearing, and any business conducted under the permit shall cease during said period of suspension.

3.

After the hearing, the city manager shall make a decision concerning the revocation of said permit within ten (10) business days. If the decision is adverse to the permit holder, he/she may appeal such decision within ten (10) days to a court of competent jurisdiction.

4.

Any owner who has his or her permit revoked shall be disqualified from reapplying for such permit for eighteen (18) months immediately following revocation.

(11)

Violations and penalties.

a.

The following conduct shall constitute a violation for which the penalties specified herein of this section may be imposed, or the short-term rental permit revoked:

1.

The owner or local contact person has violated any of the provisions of this chapter; or

2.

The owner or local contact person has violated any zoning, building, health or life safety provision; or

3.

Failure of the owner or local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental in a timely and appropriate manner as specified herein shall be grounds for imposition of penalties as set forth in this section.

4.

Three (3) or more separate and substantiated complaints received from at least two (2) different property owners or occupants within any six-month period for the same short-term rental property.

b.

Any violation of the provisions of this section by occupants and/or guests of the short-term rental shall be enforced pursuant to this section, and any other applicable code sections. Enforcement actions may be brought against occupants and/or guests of a short-term rental for violations of this section and any other provision of this code notwithstanding that this section may also make the owner or local contact person of the short-term rental responsible for the conduct constituting the violation. The penalties for violations shall be as follows:

1.

For the first violation within any 12-month period, the penalty shall be a citation and a fine not to exceed two hundred fifty dollars ($250.00);

2.

For a second violation within any 12-month period, the penalty shall be a citation and a fine not to exceed five hundred dollars ($500.00);

3.

For a third violation within any 12-month period, the penalty shall be a citation, and a fine not to exceed one thousand dollars ($1,000.00), the revocation of the short-term rental permit for a period of eighteen (18) months, and the owner or local contact person shall not be eligible to reapply for a short-term rental on the property in violation for a period of eighteen (18) months from the date of revocation.

c.

Each day the short-term rental is marketed or rented for overnight accommodation without a valid permit or with a suspended permit shall constitute a separate violation and subject the owner to the penalties set forth herein.

d.

If non-compliance with provisions of this section occurs, the community development department or code enforcement officers of the city shall conduct an investigation whenever there is reason to believe that an owner and/or local contact person has failed to comply with the provisions of this chapter. The investigation may include an inspection of the premises, review of law enforcement/security reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video all of which may constitute evidence of a violation.

e.

The community development department, code enforcement officers of the city, and the LaGrange Police Department are hereby authorized and directed to establish such procedures, which may from time to time be required to carry out the purpose and intent of this chapter. The Chief of Police or his or her designee or code enforcement shall also have authority to enforce this subsection.

(12)

Complaints and enforcement.

a.

A complaining party should first attempt to communicate with the designated local contact person and describe any situation that is out of compliance with this subsection. Emergency incidents should be reported immediately to 911.

b.

Any initial complaints received by the city regarding a short-term rental shall result in written notice of the complaint being directed to the local contact person designated in the short-term rental permit. The local contact person shall be responsible for correcting the problem within one (1) hour. The local contact person is required to visit the property to confirm compliance with this subsection, unless compliance can reasonably be confirmed without visiting the property. It is not intended that the local contact person act as a peace officer or place themselves in an at-risk situation.

c.

If a situation that is out of compliance with this subsection becomes repetitive or is not resolved by the local contact person, then the complaining party should provide written notice to the city's code enforcement office. The notice should include a description of the possible violation, the attempts to resolve the situation, and the complaining party's contact information. Code enforcement shall conduct an investigation, which may include an inspection of the premises, review of law enforcement reports, online searches, prior citations, onsite security video, or neighbor's documentation such as photos, sound recordings or video, all of which may constitute evidence of a violation. Should the investigation support a finding that a violation occurred, code enforcement shall issue a citation to the owner or local contact person to appear before the municipal court for such violation and be subject to the penalties set forth herein.

d.

Code enforcement and police department personnel shall have authority to enforce this subsection, and nothing in this subsection is intended to prevent law enforcement from exercising police powers against the occupants of a short-term rental.

(13)

Number of permits limited. No application for permits shall be accepted for calendar year 2025 after January 10, 2025. Beginning in calendar year 2026, there shall be no more than five (5) additional short-term rental permits issued per calendar year.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 24-30, § 1, 11-12-24; Ord. No. 25-09, §§ 1, 2, 2-25-25)

(a)

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

(1)

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

a.

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

b.

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

c.

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 of Georgia 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.

d.

All application forms and information submitted to the State of Georgia Department of Community Health shall be submitted with the city permit application.

e.

The director 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.

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 of Georgia Department of Community Health.

h.

All such facilities must provide at least eighty (80) square feet of personal living space per resident or that amount required by the State of Georgia 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.

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.

k.

Each social service facility governed by this title 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 (2) 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.

l.

Any special permit which has been issued or which may hereafter be issued by the city to any permitee under this code section may be suspended or revoked for due cause as hereinafter defined, and after a hearing has been held by the mayor and council for the purpose of considering any such suspension or revocation. At least five (5) 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 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 mayor and council within ten (10) days of the hearing referenced hereinabove. Appeal of such decision shall be by petition for review or any other lawful process to the State or Superior Court of Troup County.

(b)

Personal care home, assisted living facility, nursing homes.

(1)

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

(2)

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 of Georgia 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.

(3)

All application forms and information submitted to the State of Georgia Department of Community Health shall be submitted with the city permit application.

(4)

The director 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.

(5)

If the director 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 director 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 of Georgia Department of Community Health.

(6)

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

(7)

No facility shall be operated without both a valid permit from the city and a valid license from the State of Georgia Department of Community Health.

(8)

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

(9)

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

(10)

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

(c)

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:

(1)

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

(2)

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

(3)

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.

(d)

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 eighty (80) square feet of usable floor area per occupant.

(Ord. No. 21-10, § 1, 6-22-21; Ord. No. 24-17, § 5, 6-27-24)

(a)

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.

(b)

Open air seasonal sales.

(1)

It is unlawful for any person to place, use or employ open air sales on private property without first obtaining a transient merchant license (see title 30, [chapter 30-5] article VI).

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(c)

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.

(d)

Special events (private). See chapter 30-5, article XVI of the Code of Ordinances for regulations pertaining to special events.

(e)

Temporary storage container.

(1)

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

a.

Only one (1) temporary storage container is authorized per lot for a period of time not to exceed ninety (90) days in any 365-day period. This ninety (90) day time limit may be extended only by issuance of a building permit for an accessory shed/garage structure; and

b.

Temporary storage containers shall not be located within ten (10) feet of any property line. Temporary storage containers shall not be located within any public right-of-way, street or sidewalk unless a permit to do so has been issued, provided that no such permit may exceed the ninety (90) day time limit set forth in subsection a. above.

(f)

Warming centers.

(1)

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

(2)

Warming centers shall be prohibited from being operational for more than one hundred eighty (180) days in a calendar year.

(3)

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

(g)

Yard/garage sales. See title 30 of the City Code.

(Ord. No. 21-10, § 1, 6-22-21)