Except as otherwise provided herein, no building shall be erected, constructed, moved or relocated on a lot not located on a street that is permanently open to public use.

The classification of each road and street are shown on the official thoroughfare map for Peachtree City. (Ord. No. 286, § 1(B), 6-3-1982)

Every building or structure erected or established in Peachtree City shall be located on a zoning lot. In all cases, the principal building on a zoning lot shall be located within the buildable area formed by the building lines. In no case shall such buildings infringe beyond the building lines into the respective front, side or rear setback depths required for the district in which the zoning lot is located. Lanes associated with a drive through window shall be considered part of the principal building when determining building location. For puroses of this section the lanes used for access to drive through window service to any building shall be considered a portion of the structure of the building and said drive-in lanes shall not infringe beyond the building lines required for the district in which the zoning lot is located. (Ord. No. 163, 3-13-1978)

All lots shall have one setback area designated as the rear setback area regardless of the overall dimensions or geometric shape of the property. All remaining setback areas shall be deemed side setback areas. (Ord. No. 366, § 16, 5-22-1985)

Any lot having a property line adjacent to more than one public street right-of-way or private street shall be deemed a multiple frontage lot. Any rear or side setback that also fronts on a public right-of-way or private street shall have a setback depth equal to the minimum front setback depth specified for the appropriate zoning district. (Ord. No. 366, § 17, 5-22-1985)

Any lawfully existing building, structure or use of land which is not a permitted use in the district within which it is located upon enactment of this ordinance into law, or upon subsequent amendment of this ordinance shall be deemed to be a lawfully existing nonconforming use. This definition shall not be construed to include among lawfully existing nonconforming uses those buildings, structures or uses which prior to the enactment of this ordinance were not lawfully existing in accordance with all applicable codes, ordinances and regulations. Any lawfully existing nonconforming use may be continued subject to the following conditions:

(906.1) Change. Once changed to a conforming use, no building, structure or use of land shall be permitted to revert to a nonconforming use. Change of a nonconforming use to another nonconforming use is prohibited.

(906.2) Discontinuance. Reestablishing a nonconforming use after discontinuance for a period of one year shall be prohibited.

(906.3) Restoration. A nonconforming building or structure shall not be restored or structurally altered for continuance as a nonconforming use if the cost of such restoration or alteration exceeds 50 percent of its replacement cost less depreciation, as determined by the county tax assessor. Any permitted restoration or alteration of a nonconforming building or structure shall be fully completed within a six-month period after issuance of the building permit for each restoration or alteration.

(906.4) Extension. A nonconforming building, structure or use shall not be enlarged or extended in such a way as to displace a conforming use. Further, no nonconforming building, structure or use may be extended to occupy additional land area not utilized for such nonconforming building, structure or use as of the date of enactment of this ordinance.

(906.5) Notification. When the zoning administrator is made aware of an existing nonconforming use, as defined above, the zoning administrator shall notify the owner of the nonconforming use stating therein the use or uses not in conformity with this ordinance. The status of nonconformity shall commence on the date that such use becomes nonconforming in accordance with the provisions of this ordinance whether or not notice is sent by the building official or received by the affected owner.

A home occupation shall be permitted in any residential zoning district on the following conditions:

(1)

The primary activities associated with the home occupation conducted at the dwelling must take place entirely within the dwelling. Incidental uses associated with the home occupation, including and limited to outdoor instruction and daycare activities, may be permitted to occur outside the dwelling as long as they do not create a nuisance; provided, however, that such incidental uses shall not include the outdoor storage of any materials

(2)

It is not evident from outside the dwelling that a home occupation is being carried on within;

(3)

The home occupation does not utilize more than 25 percent of the floor area of the dwelling. Appropriate building permits may be required should there be structural modifications to the existing dwelling to accommodate the home occupation;

(4)

No employee other than a member of the family residing in the dwelling may work or conduct any work-related activity at the dwelling where the home occupation is located;

(5)

The home occupation in no way changes the residential character of the dwelling or the neighborhood;

(6)

The home occupation in no way creates a danger or nuisance to the neighbors;

(7)

No advertising is visible from the street or from adjoining property;

(8)

No materials or equipment shall be stored on the premises unless it is entirely within the dwelling;

(9)

Parking associated with a home occupation must be in an off-street location and in accordance with the city's parking ordinance;

(10)

Daycare uses must obtain the state mandated registration and certification/licensing and appropriate permits from the building and health departments;

(11)

Each home occupation must receive written verification of zoning compliance from the city planner/zoning administrator or his designee prior to issuance of an occupational tax license.

(Ord. No. 448, 12-3-1987; Ord. No. 903, § 1, 6-21-2007)

Cross reference— Home occupation defined, art. VI.

In addition to the principal uses permitted within the zoning districts established by this ordinance, it is intended that certain uses customarily incidental or accessory to such principal uses shall also be permitted.

For the purposes of this ordinance, each of the following uses is considered to be a customary accessory use, and may be situated on the same zoning lot as the principal use or uses for which it serves as an accessory:

(908.1) Uses accessory to dwellings:

(a)

Private garages.

(b)

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

(c)

Structure for a children's playhouse and the storage of children's play equipment.

(d)

Private kennel in any zoning district designated for residential use, with the stipulation that no more than three dogs or cats (total) four months of age or older shall be kept on a single premise at any one time. A permitted kennel shall not be maintained in such a way as to constitute a nuisance to any adjoining property.

The keeping of animals as identified within the ER and AR zoning districts shall abide by regulations established within those districts.

(e)

Private swimming pool and bath house or cabana.

(f)

Private tennis courts provided that lights are not used in conjunction with their use in any residential zoning district other than R-43, ER and AR. A private tennis court as contemplated by this section may be surrounded by a fence up to ten feet in height; and if said fence is a chain link fence, it must be coated with green vinyl.

(g)

Noncommercial garden, including a greenhouse and other customary garden structures not over eight feet in height.

(h)

Private boat docks and boathouses on zoning lots adjoining a water body to which the residents of the principal building have legal access rights.

(i)

Pump and well houses for on-site water systems.

(j)

Decks, patios, bar-b-que grills and other such facilities.

(k)

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

(l)

The term "recreational vehicles" as used herein shall refer to travel trailers, camper pick-up coaches, motorized homes, boats, personal watercraft (e.g., jet skis, etc.) and trailers associated with boats and personal watercraft.

Recreational vehicles may be stored on a residential zoning lot within an enclosed garage or carport attached to the primary structure or constructed as a freestanding structure in accordance with applicable building setbacks. The exterior building and roof materials, roof pitch and color scheme of a freestanding garage or carport shall be similar to the building and roof materials, roof pitch and color scheme used on the primary structure on the zoning lot.

Recreational vehicles stored on a residential zoning lot that are not located within an enclosed garage or carport shall be parked in accordance with city ordinances and shall not be located in front of or at the side of the primary structure on the zoning lot.

(m)

No accessory use permitted by this section shall be constructed for the purpose of conducting commercial activities outside a permitted dwelling on a zoning lot.

(n)

No accessory use permitted by this section shall be constructed for the purpose of providing separate, self-contained living quarters outside a permitted dwelling on a zoning lot, except in ER estate residential, AR agricultural[-Reserve], and R-43 residential zoning districts. Self-contained living quarters are considered as a minimum to include kitchen facilities, a bath, and a bedroom area.

(o)

For purposes of interpreting and administering paragraphs (m) and (n) above, accessory uses cannot be attached to and made a part of a permitted dwelling by extended hallways or breezeways; rather, in order to qualify for use as an area for a home occupation or for living quarters, the space must be within and be an integral part of a permitted dwelling.

(p)

Temporary accessory storage units such as portable on-demand storage units (PODS or similar), box trailers, cargo containers or cargo boxes, or dumpsters for the purpose of storage of household items or construction tools and materials, may be permitted for a period not to exceed 30 days. When used in conjunction with a renovation or new residential construction project, they must be removed within 30 days of the approved final inspection or the building permit expiration.

Temporary accessory storage units must be placed on a drive, parking area, or any other hard-surfaced area on the property except when the construction of renovation project will not allow for the use of these areas. Temporary accessory storage shall not be placed on a street or other public area without the approval of the planning and development director or his/her designee. Temporary accessory storage units shall not be required to meet the setback requirements or color standards of other permitted accessory buildings or structures due to the temporary nature of their use on site.

(q)

Not withstanding any other provisions of this ordinance, coops and enclosed runs for female pullet or hens (Gallus gallus domesticus), also known as backyard chickens, subject to the following performance standards and criteria:

(a)

No chicken shall be permitted on any zoning lot containing a dwelling other than a one-family residential dwelling as defined by this zoning ordinance.

(b)

Roosters, ducks, geese, turkeys, peafowl, guineas, quail, and pheasants are not permitted.

(c)

Chickens are maintained for personal pets and/or for egg production, but not for meat productivity or breeding. Sale of eggs, chicks, and chicken meat is prohibited.

(d)

The minimum lot size for keeping backyard chickens is 20,000 square feet.

(e)

The maximum number of chickens permitted per lot size shall be as follows:

i.

Lot size 20,000 square feet to 42,999 square feet = eight chickens.

ii.

Lot size 43,000 square feet or larger = ten chickens per acre, or fraction thereof, up to a maximum of 30.

(f)

Chickens shall be kept within an enclosed coop (a covered house or structure that provides chickens with shelter from weather and with a roosting area protected from predators) or run (fenced or wired area).

i.

Coops and runs shall be located in the rear yard only.

ii.

Coops shall be located at least 20 feet from any property line and shall not exceed eight feet in height above the existing ground at its eave line or 12 feet above the existing ground at the highest point of its roof.

iii.

Coops shall have a roof and a minimum of four square feet in area per chicken over the age of four months.

iv.

Runs shall be a minimum area of ten square feet per chicken over the age of four months.

v.

Fencing and wiring shall comply with the city's fencing regulations.

vi.

Property owners who elect to keep backyard chickens consent to inspections of their property upon complaint to the code enforcement department as related to backyard chickens.

(g)

Backyard chickens, coops, and runs must be kept in sanitary conditions and shall not be a public nuisance as define by the state and within chapter 51 of this Code.

(908.2) Uses accessory to churches:

(a)

Off-street parking area for the use of members and visitors to the church.

(b)

Religious education building, including an assembly room that may be used for church-related recreation activities.

(c)

Parsonage, pastorium or parish house, including any use accessory to a dwelling as permitted in subsection (908.1).

(d)

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

(908.3) Uses accessory to businesses and industries:

(a)

Off-street parking areas for customers, clients, and employees.

(b)

Off-street loading facilities.

(c)

Central trash collection dumpsters, provided they are effectively screened from view from any adjoining streets.

(d)

Completely enclosed buildings for the storage of supplies, stock, merchandise, and equipment.

(e)

Repair or service facility incidental to the principal use, provided that the operation of the repair or service facility does not constitute a nuisance to adjoining properties, and the operation is not otherwise specifically prohibited in the zoning district.

(f)

Exterior display and sales facilities including on-site signs, provided such use is not otherwise specifically prohibited in the zoning district.

(g)

The open, outside storage of building materials, junk, salvage, and inoperative vehicles is prohibited unless specifically permitted in the zoning district, and such use is properly screened from view from adjoining streets and properties.

(h)

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

(i)

Outdoor display of merchandise, provided that the display of merchandise is in compliance with section 908.7.

(j)

Special events, provided that a special event permit is issued for the event in compliance with section 908.11.

(908.4) Uses accessory to agriculture:

(a)

Dwellings, including any use accessory to a dwelling as permitted in subsection (908.1).

(b)

All structures and facilities commonly associated with the operation of the permitted agricultural activities, unless otherwise specifically prohibited.

(908.5) Uses accessory to open space: All structures and facilities commonly associated with the operation of the permitted uses in OS zoning districts, provided such structures and facilities are not otherwise specifically prohibited in the district.

(908.6) Accessory use standards:

(a)

No accessory use structure shall be located in the rear setback area of any residential zoning lot that is less than 50 feet wide at the rear property line.

(b)

If a residential zoning lot is at least 50 feet wide at the rear property line, a single accessory use structure with an area of no more than 100 square feet may be located in the rear setback area.

(c)

If a residential zoning lot is at least 100 feet wide at the rear property line, two accessory use structures may be located in the rear setback area provided the total combined area of the structures does not exceed 125 square feet.

(d)

No accessory use structure which is allowed to encroach into the rear setback area of any residential zoning lot in accordance with the provisions of this ordinance shall be located closer than three feet to the rear property line, nor shall any encroaching structure exceed eight feet in height above the existing ground at its eave line or 12 feet above the existing ground at the highest point of its roof.

(e)

The color scheme of an accessory use structure shall blend with the colors of the primary structure on the same zoning lot, or shall be earth tones.

(f)

No accessory use structure intended to store flammable materials shall be located closer than 20 feet to the primary structure on the zoning lot, or any other primary or accessory structure.

(g)

The location and design of swimming pools and pool accessories are regulated by article X of the building and construction ordinance, [chapter 18].

(h)

Structures intended to be used as coops for chickens shall be located at least 20 feet from any property line.

(908.7) Outside display standards:

(a)

Commodities that are for sale or for lease as well as any other products and materials that are associated with a particular business shall not be displayed or stored outside in any commercial area unless:

(1)

They are in an approved, permanent, fully enclosed space; and they are reasonably screened from public view;

(2)

They are stored or displayed in accordance with the specific understandings and conditions of a site plan that has been approved by the planning commission as a part of the site plan review process;

(3)

They are confined to an area no more than six feet from an exterior wall of the primary building on a zoning lot and they comply with the following requirements:

a.

They do not encroach into a zoning setback area, a required buffer, or a landscaped area;

b.

They do not interfere with pedestrian or vehicular traffic on the site;

c.

They do not occupy more than 12 lineal feet of space along an exterior wall;

d.

They are not stored or displayed outside for more than 24 consecutive hours; and

e.

There is no sign that is legible offsite that is associated with the materials that are stored or displayed; or

(4)

A temporary use permit is secured for such display or storage.

(b)

A temporary use permit may be issued by the zoning administrator in accordance with the following criteria:

(1)

No more than four temporary use permits may be issued for any zoning lot in any calendar year.

(2)

No single temporary use permit shall be issued for more than seven consecutive days.

(3)

Prior to the issuance of a temporary use permit, an applicant must submit an application to the city planner for city staff review and approval in order to assure that the proposed temporary use will not pose a health or safety hazard or be detrimental to the public welfare.

(4)

No sign that is legible offsite shall be displayed in conjunction with the temporary use permit.

(c)

Trucks making a delivery to a business in a commercial area shall not park in that area for more than two hours after the delivery is made. Trucks that are not making a delivery shall not park in a commercial area unless the owner of the truck is the owner of a business in the commercial area or unless the truck driver is actually doing business in the commercial area.

(d)

No vehicle which displays advertising for a business in a commercial area (with the exception of a door panel sign not more than four square feet in area and no more than 48 inches above the ground) shall be parked so that the advertising is legible from a public street.

(e)

Trucks over 20 feet in length, trailers, and tractors designed to be used with detachable trailers shall not be stored in a commercial area for more than two hours unless they are stored at a designated loading dock or at some other area designated for such storage on a site plan that has been approved by the planning commission as a part of the site plan review process.

(f)

Products shall not be sold from any truck or trailer parked or stored in a commercial area unless they are in an area that has been designated for such use on a site plan that has been approved by the planning commission as a part of the site plan review process.

(g)

No occupant of any vehicle that is parked in a commercial area for any reason shall be allowed to sleep overnight within that vehicle.

(h)

Use of hand-held signage and/or costumes.

(a)

As used in this subsection 908.7(h), the terms "hand-held signage" and "costume" shall be defined as follows:

(1)

Hand-held signage shall mean any poster, display or device that contains any wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity and is to be held or displayed by a person and not affixed, either permanently or temporarily, to the ground; provided, however, that the term "hand-held signage" shall not include articles of clothing worn by a person including, and limited to, a shirt, coat, hat, sweatshirt, vest, pants, shoes, or socks, and shall also not include any sign that is affixed to a motor vehicle.

(2)

Costume shall mean an outfit worn to create the appearance or characteristics of a particular period, person, place, or thing and which is worn by a person to advertise or call attention to a business, product, or service or commercial activity.

(b)

In addition to signs otherwise permitted in this chapter, properties in commercial, office and industrial districts wishing to utilize hand-held signage and/or costumes may do so only by obtaining a permit under the following conditions and requirements:

(1)

Application. Prior to display and/or use of any hand-held signage and/or costumes, an application for a temporary special events permit shall be filed with the city planner. One permit shall be issued to cover all signs and devices during the period of permit coverage. All signs and devices to be covered by the permit shall be specifically described as to their size, color and wording as well as location on the premises.

(2)

Approval of property owner. As a part of the application process, a letter must be provided from the owner of the property where the hand-held signage and/or costumes will be utilized indicating they are aware that hand-held signage and/or costumes will be utilized to advertise a business located on their property.

(3)

Fees. Fees shall be as adopted by city council in the schedule of fees and kept on file in the city clerk's office.

(4)

Size. The total size of all hand-held signage permitted under this section shall not exceed six square feet. Hand-held signage shall not be thrown, tossed, spun, or otherwise maneuvered while being displayed.

(5)

Location. Individuals utilizing hand-held signage and/or costumes shall not stand within a city, county or state-owned right-of-way, easement or greenbelt. The use of hand-held signage and/or costumes shall be limited to the property where the business being advertised is located (no exceptions). Individuals utilizing hand-held signage and/or costumes shall be located a minimum of 25 feet from a street or driveway intersection as measured from the back of curb or the edge of pavement if no curb exists.

(6)

Timeframe. Each permit for hand-held signage and/or costumes shall be issued for no more than three consecutive days. There shall be no less than 30 consecutive days between the issuance of a subsequent permit for the use of hand-held signage and/or costumes for the same tenant and/or business.

(7)

Number of permits. Each tenant and/or business shall be permitted no more than two permits each calendar year for the use of hand-held signage and/or costumes. Should hand-held signage and/or costumes be used for more than one tenant and/or business, a separate permit will be required for each tenant and/or business being advertised.

(8)

No more than one hand-held sign and/or costume shall be permitted as a part of each temporary special events permit. There shall be no more than one hand-held sign and/or costume used to advertise a business or retail center at any one time.

(9)

Non-profit organizations. These regulations shall apply to civic, not-for-profit, and other organizations holding special events and/or conducting events within the city.

(908.8) Farmer's market standards:

(a)

Farmer's markets are an occasional or periodic market where locally produced food and/ or agricultural products are sold to the general public by individual vendors from open-air, semi-enclosed facilities or temporary structures. Individual vendors may sell food and/or agricultural products, provided the product is produced, processed, or manufactured in an establishment licensed by the Department of Agriculture.

(b)

Food and/or agricultural products include and is limited to vegetables, fruits, eggs, dairy products (milk, cheeses, yogurt, ice cream, etc.), meats, grains, baked goods, juices, other edible foodstuffs (chocolates, honey, jams, salsa, candies, etc.), flowers and other fresh or dried plant material.

(c)

Products shall not be sold from any truck or trailer parked or stored in a commercial parking area unless they are in an area that has been designated for such use on a site plan that has been approved by the planning commission as a part of the site plan review process.

(d)

Crafts, souvenirs, second hand merchandise and antiques shall not be sold at a permitted farmer's market.

(e)

Each vendor shall maintain and display a valid license from the Department of Agriculture or other agencies as required.

(f)

Farmer's markets shall be limited to property zoned for retail, commercial or industrial use.

(g)

In addition to the information required as a part of the city's special event permit application, each applicant for farmer's market shall provide, at a minimum, the following information no less than 30 days in advance of the scheduled event:

(1)

Written consent from the property owner, property manager, leasing agent or lessee shall be provided indicating their approval of the farmer's market.

(2)

A minimum of 50 off-street parking spaces shall be provided for patrons visiting the farmer's market. If adequate on-site parking is not available, the parking requirements must be met by designating parking spaces in an off-site parking area located within 1,000 feet of the proposed event. Written consent must be provided from the property owner indicating they have approved off-site parking on their property.

(3)

Restroom facilities shall be provided for market vendors. A notarized letter from the property owner or individual business owner(s) allowing market vendors to use their restrooms during the duration of the event shall suffice.

(4)

The special events permit application shall include all dates and hours of operation for the farmer's market. Farmer's markets shall be limited to no more than two days per week for no more than six hours per day. One permit shall be issued for the farmer's market and shall identify the specific dates and times that have been approved. Any changes to the approved permit shall be approved in advance.

(5)

Name, address, e-mail and telephone numbers of the person(s) who will act as director or person in charge of the special event and be responsible for the conduct thereof.

(h)

In determining whether or not to approve a special event permit for a farmer's market, the community development director may consider any factors reasonably deemed relevant for the proposed event including, but not limited to, the following:

(1)

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2)

The applicant failed to complete the application form after having been notified of the need for additional information or documents; or

(3)

Another event permit or application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic concession, or the police department is unable to meet the needs for police service for both events.

(4)

The time, size of the event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a street or highway at a time when it is usually subject to traffic congestions.

(5)

The size, nature or location of the event will present a substantial risk to the health or safety of the public or participants in the event or other persons.

(6)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit.

(7)

The event involves the use of hazardous, combustible or flammable materials which could create a fire hazard.

(8)

The event will violate an ordinance or statute.

(9)

Whether the special event appears to be primarily for commercial purposes with no general benefit to the city or the public.

(i)

The community development director or public safety personnel may, at any time, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance or if continuation of the event presents a clear and present danger to participants or to the public.

(908.9) Donation box standards:

(a)

As used in this section, the term "donation box" shall be defined as follows:

(1)

Donation box shall mean any unattended container, receptacle, or similar device used for soliciting and collecting donations of clothing and/or other salvageable personal property. This term does not include any unattended donation box location within a building which is permitted by-right.

(b)

In addition to accessory uses otherwise permitted in this chapter, donation boxes may only be installed by obtaining a permit under the following conditions and requirements:

(1)

Application. Prior to delivery and/or installation of any donation box, an application shall be filed with the planning and zoning administrator or his/her designee identifying the size, color, and location of each donation box, as well as any signage proposed on the exterior, of the donation box. A permit shall be required for each donation box installed within the city limits.

(2)

Zoning. Donation boxes shall only be permitted within the GC, LUC, LI, or GI zoning districts unless otherwise specified herein.

(3)

Approval of property owner. As a part of the application process, a letter must be provided from the owner of the property indicating they are aware and approve the installation of a donation box on their property, including that they are aware of their responsibility to maintain the current operator contact information and, if necessary, maintain or remove the donation box if the operator does not follow the provisions of this ordinance.

(4)

Fees. Fees shall be as adopted by city council in the schedule of fees and kept on file in the city clerk's office.

(5)

Size. Donation boxes shall be limited to no more than 128 cubic feet (four feet wide × four feet deep × eight feet tall). The height of each donation box shall not exceed eight feet in height from finish grade to the highest point of the roof.

(6)

Color. Donation boxes shall be painted or stained with a low reflectance and subtle, neutral or earth-tone color scheme. High-intensity colors, metallic colors, black, or fluorescent colors shall not be used.

(7)

Number of boxes permitted. No more than one donation box shall be permitted on each zoning lot.

(8)

Location. Donation boxes shall be installed on a paved surface but may not be located within a designated parking space, drive aisle, or loading area. Donation boxes shall not be located within any building setback or established buffer area. Donation boxes shall not be located in such a manner that they block sight lines on the subject tract as determined by the city engineer. To the extent feasible, donation boxes shall be placed so as to be inconspicuous as viewed from the public right-of-way.

(9)

Signage/contact information. The total square footage for all signage on each donation box shall not exceed two square feet. No advertising shall be permitted on the donation box. An additional sign shall contain the following contact information: the name, address, email, and phone number of both the property owner/manager and operator, it too shall not exceed two square feet

(10)

Cleanliness of premises. Donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti. All boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris, or other material.

(11)

Revocation of permit. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the planning and zoning administrator (or his/her designee), including but not limited to, the failure to comply with this section or any other applicable provisions of the City Municipal Code.

(12)

Renewal of permit. The term of the permit shall expire one year from the date of issuance. An operator may apply for permit renewal by submitting to the planning and zoning administrator before the expiration of the permit, a renewal application and associated fee.

a.

No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.

b.

Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the planning and zoning administrator in writing of the intent to cancel the permit. The permit shall become void upon the director's receipt of a written notice of intent to cancel the permit.

c.

Donation boxes shall be removed when the property becomes vacant or is foreclosed upon.

(13)

Approval/denial of permit. The planning and zoning administrator shall approve a new or renewal permit application if he/she finds that no circumstances exist at the time the application is reviewed or existed at any time during which the previous permit was in effect that are inconsistent with any requirement in this section.

(14)

Display of permit. The operator of the donation box and the property owner shall be responsible for maintaining the permit for each donation box required by this section. The planning and zoning administrator shall inspect each donation box following its installation to ensure the donation box is installed in accordance with the approved permit. Once it is determined the donation box complies with said permit, a decal shall be affixed to the actual donation box or to the entrance door of the place of business indicating the donation box has been approved. The purpose of this decal shall be to notify city officers and employees that the donation box complies with the provisions of this chapter and the approved donation box permit application.

(908.10) Mobile food truck standards:

(a)

As used in this section, the terms below shall be defined as follows:

(1)

Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored.

(2)

Menu change shall mean a modification of a food establishment's menu that requires a change in the food establishment's food preparation equipment or storage requirements previously approved by the Fayette County Health Department. The term "menu change" shall include, but is not limited to, the addition of potentially hazardous food to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.

(3)

Mobile food truck shall mean a retail food establishment that reports to and operates from a commissary and is readily moveable. Said mobile food truck shall be a motorized wheeled vehicle which includes a self-contained kitchen where food is prepared or stored and from which food products are sold or dispensed.

(4)

Mobile food truck vendor ("vendor") shall mean the registered owner of a mobile food truck or the owner's agent or employee.

(5)

Mobile food truck vendor permit ("vendor permit") shall mean a document indicating the owner of an established mobile food truck has met the requirements of this ordinance and is licensed to operate within the City of Peachtree City.

(6)

Mobile food truck vendor site ("vendor site") shall mean a location where one or more mobile food trucks are located at any one time specifically for the purpose of selling merchandise in accordance with the provisions set forth within this ordinance.

(7)

Pushcart shall mean any rubber-wheeled or non-self-propelled vehicle used for displaying, keeping or storing merchandise for sale. A pushcart may be moved without the assistance of a motor and does not require registration by the state department of motor vehicles. Products typically sold from a pushcart include commissary-prepared or pre-packaged food products, fruit, merchandise, drink or flowers (prohibited).

(b)

Permit required. It shall be unlawful for any person to sell, or offer for sale, food or beverages of any type from a commissary or mobile food truck without first obtaining a vendor permit as described herein.

Approved vendors shall only sell, or offer for sale, merchandise from approved vendor sites as described herein, except for city-sponsored events.

(c)

Vendor permit application requirements. An application for a mobile food truck vendor permit as described herein shall be submitted to the planning and zoning administrator or his or her designee for review and consideration and shall include, at a minimum, the following information:

(1)

Name of the mobile food truck vending business.

(2)

Owner's contact information.

(3)

Operator's contact information.

(4)

Make, model, dimensions and license plate number of the mobile food truck.

(5)

Photographs of food truck, to include all sides and all signage.

(6)

Location, dates and times of vending site operation.

(7)

A copy of approved permit from the Fayette County Health Department.

(8)

A copy of the current occupational tax certificate from where the business is licensed.

(9)

A copy of current liability insurance policy, issued by an insurance company licensed to practice in the state. Each vendor shall maintain no less than a $1,000,000.00 liability insurance policy, protecting the 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.

(10)

Signature of applicant indicating agreement to the listed regulations.

A mobile food truck vendor permit shall be valid for 12 months from the date of issuance.

(d)

Vendor site application requirements. An application for a mobile food truck vendor site as described herein shall be submitted to the planning and zoning administrator or his or her designee and shall include, at a minimum, the following information:

(1)

Vendor sites shall be limited to private tracts of land within the GC General Commercial, OI Office Institutional, LI Light Industrial and GI General Industrial zoning districts.

(2)

The application shall include all dates and hours of operation proposed for the vendor site. Each vendor site shall be limited to operating no more than two days per week for no longer than six hours per day.

(3)

A separate application for each vendor site shall be submitted for approval prior to establishing a vendor site.

(4)

Written consent from the property owner(s), property manager(s), leasing agent(s) and/or lessee(s) indicating their approval of the vendor site.

(5)

A detailed site plan of the proposed vendor site indicating the location of each mobile food truck, generators, tables, trash cans, parking areas and traffic flow.

Each mobile food truck shall be located:

(a)

On paved surfaces only and shall not block drive aisles, access to loading/ service areas, emergency access or fire lanes.

(b)

No closer than 30 feet from the right-of-way of an arterial highway (SR 54 and SR 74) and shall not be located within a landscape buffer or sight triangle.

(c)

No closer than 15 feet from existing fire hydrants or transformers. The overall vendor site shall include no less than 15 off-street parking spaces for each mobile food truck. If adequate on-site parking is not available, the parking requirements must be met by designating parking spaces in an off-site parking area abutting the vendor site. Written consent from the owner of the adjoining property must be provided indicating they have approved off-site parking on their property.

(d)

Within 200 feet of an existing brick-and-mortar restaurant during the hours when such restaurant is open to the public for business.

(e)

Within 300 feet of a school or day care facility while that facility is in session unless written approval is established with that facility.

A mobile food truck vendor site permit shall be valid for the dates identified on the application only. Any changes to the approved permit shall be approved in advance by the planning and zoning administrator.

(e)

Aesthetic/signage requirements.

(1)

Absolutely no flashing, blinking or strobe lights shall be used on or within mobile food trucks or related signage. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.

(2)

All signs used must be permanently affixed to or painted on the mobile food truck and shall extend no more than six inches from the vehicle. No sign shall flash, produce or reflect motion pictures; emit visible smoke, vapor, particles or odor; be animated or produce any rotation, motion or movement. No sign shall be internally illuminated.

(3)

A portable menu board measuring no more than six square feet in size may be placed on the ground within the customer waiting area. This sign shall be located no more than ten feet from the edge of the mobile food truck.

In no instance shall the portable menu board be located between the mobile food truck and any adjoining public road.

(4)

Mobile food trucks shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be fully street legal. All vehicles shall be free of debris and shall be serviced regularly so as to prevent spills/deposits of oil/fuel, coolant, grease or other material.

(f)

Operational requirements.

(1)

Mobile food trucks shall not conduct business within the city limits unless a valid permit has been issued as described herein.

(2)

The vendor permit shall be firmly attached to the window adjacent to the ordering or serving window and visible on the mobile food truck at all times.

(3)

Any driver of a mobile food truck must possess a valid driver's license issued by the state.

(4)

No sales or offers for sale shall be made from any mobile food truck between 9:00 p.m. and 5:30 a.m. unless such sale is in conjunction with a city-approved special event.

(5)

No structure, vehicle or equipment shall be left unattended or stored at any time on the vending site when sales are not taking place or during restricted hours of operation.

(6)

Each 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.

(7)

Vendors may sell food and non-alcoholic beverage items only.

(8)

The following safety regulations shall apply to any and all vehicles operating under this article or used for mobile food truck establishments:

(a)

Vehicles shall be equipped with a reverse gear signal alarm with a sound distinguishable from the surrounding noise level.

(b)

Vehicles shall be equipped with two rear-vision mirrors, one at each side, firmly attached to the outside of the vehicle, and so located as to reflect to the driver a view of the street to the rear, along both sides of the vehicle.

(9)

Customers shall be provided with single service articles such as plastic utensils and paper plates. Each vendor shall provide no less than one waste container for public use.

Each vendor shall provide for the sanitary collection of all refuse, litter and garbage generated by the patrons using that service and shall remove all such waste materials from the vendor site before the vehicle departs. This includes, but is not limited to, physically inspecting the general area surrounding the vendor site for such items prior to the vehicle's departure.

Absolutely no dumping of gray water on public or private property shall be permitted.

(10)

The issuance of a permit does not grant or entitle the vendor to the exclusive use of any property or parking space.

(11)

All power required for the mobile food truck shall be self-contained. Mobile food trucks shall not use utilities drawn from the public right-of-way. No power cable or equipment shall extend across any city street, multi-use path, or sidewalk.

(g)

Fees. Permit fees shall be as adopted by city council in the schedule of fees and kept on file in the city clerk's office.

(h)

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

(i)

Review of permit application. In determining whether or not to approve a specific vendor permit or the location of a vendor site, the planning and zoning administrator may consider any factors reasonably deemed relevant for the application including, but not limited to, the following:

(1)

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2)

The applicant failed to complete the application form after having been notified of the need for additional information or documents;

(3)

Another permit or application has been received prior in time or has already been approved at the same time and location requested by the applicant;

(4)

The size, nature or location of the vendor site will present a substantial risk to the health or safety of the public or participants in the event or other persons;

(5)

The location of the vendor site will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets.

(j)

Revocation and suspension. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the planning and zoning administrator (or his/her designee), including but not limited to the failure to comply with this section or any other applicable provisions of the Peachtree City Code of Ordinances.

(908.11) Special Event Permit standards:

(a)

As used in this section, the terms below shall be defined as follows:

(1)

Special event: The term "special event" or "event" shall mean any organized activity having as its purpose entertainment or recreation, such as a festival, celebration, foot race, concert, parade or march, rally or assembly which takes place on private property that is zoned to a non-residential zoning classification and impacts government services on public rights-of-way or may impact the health, safety or welfare of the public generally because of the nature of the assembly or the size of the assembly.

(2)

Special event team shall mean the committee managed by the city's recreation and special events department that reviews events proposed on city-owned land per section 54-8. Special events occurring on public property and those that have city-wide logistical impacts shall be reviewed by the special event team.

(b)

A special event permit shall be issued by the planning director or his/ her designee in accordance with the following criteria:

(1)

Application: Prior to erecting facilities or placing signage, an application for a permit shall be approved by the planning and development department. The application shall be signed by the property owner or legal agent of the site where the event will take place.

(2)

Public safety: Applicant must demonstrate that the event will not pose a health or safety hazard or be detrimental to the public welfare and that adequate police and fire services have been arranged for the special event.

(3)

Parking and circulation: Applicant shall estimate the anticipated number of attendees per hour and show that adequate parking and safe traffic circulation will be provided.

(4)

Tents, inflatables, and other temporary structures: Tents over 100 square feet require approval from the fire marshal prior to the issuance of a special event permit. Temporary structures, tents and inflatables are not required to meet zoning setback requirements; however, none may be placed in a manner that creates a safety hazard for drivers and the general public. Generators shall be located to minimize impacts on surrounding parcels, and shall be turned off by 11:00 p.m. when the property on which the event occurs is directly adjacent to residentially zoned land or a city-owned greenbelt or greenspace. All other generators must be turned off by midnight.

(5)

Amplified sound: Amplified sound must be turned off by 11:00 p.m. when the property on which the event occurs is directly adjacent to residentially zoned land or a city-owned greenbelt or greenspace. Amplified sound must be turned off by midnight for all other special events.

(6)

Timeframe: The maximum number of special event permits to be issued to a single premises in a business, office or industrial district shall be four per year. Each permit shall be issued for no more than seven consecutive calendar days.

(7)

Signage and spectacular devices: Signage and other spectacular devices shall comply with sections 66-5 and 66-19.

(8)

Fireworks: Use of fireworks shall comply with State of Georgia standards.

(9)

Waste and restrooms: Applicant shall demonstrate adequate access to restroom facilities. Applicant shall have a plan for disposal of waste generated from the special event.

(10)

Obtaining a special event permit does not rescind the applicant from obtaining other permits required by city ordinances such as food vendor permits or alcohol licenses.

(11)

A special event permit shall not be rejected based upon the message conveyed by the event or the persons proposed to be participating in the event. All decisions with respect to the special event shall be based solely on the criteria set forth in this section 908.11.

(Ord. No. 171, 9-13-1979; Ord. No. 215, 10-2-1980; Ord. No. 358, 3-28-1985; Ord. No. 366, § 19, 5-22-1985; Ord. No. 404, 8-21-1986; Ord. No. 562, 4-18-1991; Ord. No. 563, 5-16-1991; Ord. No. 698, 11-5-1998; Ord. No. 859, 10-6-2005; Ord. No. 935, § 1, 2-21-2008; Ord. No. 999, § 1, 5-20-2010; Ord. No. 1027, § 1, 5-19-2011; Ord. No. 1032, § 1, 7-21-2011; Ord. No. 1052, § 1, 11-8-2012; Ord. No. 1097, § 1, 10-15-2015; Ord. No. 1127, § 1, 5-18-2017; Ord. No. 1134, §§ 1, 2, 9-21-2017; Ord. No. 1232, §§ 1, 2, 11-21-2024)

Areas suitable for parking automobiles in off-street locations shall be required in all zoning districts for any permitted or conditional use. Such off-street parking areas shall have direct access to a street or drive open to public use, and shall be provided and maintained in accordance with the following requirements. These requirements are intended to meet minimum needs; however, every property owner must determine his actual needs and provide whatever spaces may be necessary beyond these minimums to remain in full compliance with the provisions of this ordinance. Shift change peaking and growth must be considered when determining parking requirements.

Such parking shall be provided in a properly graded and improved parking facility with the parking spaces composed of asphalt, concrete, porous paving blocks compacted gravel, or other materials approved by the planning commission which are unlikely to cause substantial maintenance problems.

Changes in the use of an existing structure shall also require compliance with the minimum parking requirements applicable to the new use.

Any expansion of an existing use shall be required to provide additional of-street parking related to the expansion area only, and shall not be required to provide additional off-street parking related to the existing use.

(909.1) Parking space size.

(a)

The size of a standard parking space for one vehicle shall be a rectangular area having dimensions of not less than nine feet × 18 feet.

(b)

For those parking spaces that adjoin a median at the end of a parking bay or adjoin a median separating parking spaces in a row of parking, the width of the parking space shall be expanded to ten feet.

(c)

Parking for the physically handicapped shall be provided pursuant to the latest edition of the American's with Disabilities Act.

(d)

Parallel parking spaces are allowed provided they do not exceed one-fifth of the number of required spaces. Parallel parking spaces shall have a dimension of nine feet × 20 feet.

(909.2) Parking area design.

(a)

All parking lots shall be designed in conformance with the provisions set forth within section 1109, parking lot design and landscape requirements, of the city's land development ordinance.

(b)

Access to parking facilities shall be designed so as not to obstruct free flow of traffic.

(c)

There shall be adequate provision for ingress and egress to all parking spaces to insure ease of mobility, ample clearance, and safety of vehicles and pedestrians.

(d)

In developments where vehicles may be expected to wait, (including to, but not limited to drive-thru restaurants, banks, etc.), adequate stacking space shall be provided.

(e)

The width of all driving aisles shall be in accordance with the requirements specified below unless a wider drive aisle is approved by the planning commission to facilitate special vehicle requirements:

(909.3) Schedule of minimum off-street parking requirements.

*As identified in the Institute of Traffic Engineers (ITE) Manual, latest edition.

(909.3) Combination of uses. If there is a combination of uses on a zoning lot, such as a motel with a restaurant, parking requirements will be computed separately for each use.

(909.4) Location of parking areas. Required off-street parking areas should be located on-site. However, off-site parking is permitted within 400 feet of the site if the owner of the off-site area relinquishes all rights to use the area for other purposes until such time as it is no longer needed for required off-street parking.

(909.5) Common parking areas. Two or more uses may utilize a common parking area provided the total spaces available meet their individual parking requirements and the common area will be available for parking until such time as it is no longer needed for such purpose. In determining parking requirements for areas where common parking will be used, due consideration should be made of the hours when parking will be required by the various uses. In this way, it will be possible to count individual spaces more than once where appropriate, and, thereby, reduce the total area devoted to parking.

(909.6) Off-street parking, general conditions. In the event a use is proposed which is not specifically provided for in the list defining minimum spaces required, subsection (909.3), the zoning administrator shall adopt an appropriate standard from that list so that reasonable parking requirements are imposed and the general intent of this ordinance is carried out.

(a)

All parking areas shall be drained so as to prevent damage to adjoining properties or streets.

(b)

In all zoning districts, all off-street parking spaces shall be of paved or other acceptable all weather surfaces. In general residential, commercial and industrial zoning districts, off-street parking spaces shall be of paved surfaces.

(c)

In industrial and commercial zoning districts, the zoning administrator may permit the establishment of temporary unpaved parking lots for a period not to exceed one year, provided the site plan for the parking area is properly designed, the parking area and its drives consist of acceptable all-weather surfaces, and a landscape plan is prepared and implemented to offset the adverse affects of any necessary clearing or grading on the temporary site. The zoning administrator may revoke the permit for the temporary unpaved parking area and order the immediate discontinuance of the use if the property is not maintained properly or is operated in an unsafe manner.

(Ord. No. 862, 12-1-2005)

Editor's note— Ord. No. 862, adopted December 1, 2005, changed the title of § 909 from "Off-street automobile parking" to "Off-street automobile parking requirements."

Cross reference— Traffic, ch. 78.

Areas suitable for loading and unloading motor vehicles in off-street locations shall be required for certain buildings and structures to be used for commercial, industrial, institutional, or multifamily residential purposes. Such off-street loading areas shall have direct access to a street or drive open to public use, and shall be provided and maintained in accordance with the following requirements, the determination of which shall not be included in the off-street parking requirements:

(910.1) Minimum spaces required:

(a)

Retail business with less than 2,000 square feet in floor area: None required.

(b)

Retail business with more than 2,000 square feet in floor area: One space for every 25,000 square feet.

(c)

Industrial and institutional uses: One space for the first 25,000 square feet of floor area, and:

25,000 to 99,999: a total of two spaces.

100,000 to 159,999: a total of three spaces.

160,000 to 239,999: a total of four spaces.

240,000 to 349,999: a total of five spaces.

For each additional 100,000 square feet or fraction thereof, above 350,000, one additional loading space shall be required.

(d)

Multifamily residences with less than ten dwelling units: None required.

(e)

Multifamily residences with from ten to 30 dwelling units: One space.

(f)

Multifamily residences with more than 30 dwelling units: One space for each 30 dwelling units or fraction thereof.

(910.2) Loading area requirements: Each off-street loading and unloading space required by this ordinance shall be at least 12 feet wide, 35 feet long, and have an overhead clearance of 14 feet. Such space shall be free and clear of obstructions at all times.

(910.3) Location of loading areas: Required off-street loading and unloading areas shall in all cases be located on the same zoning lot as the structure they are intended to serve.

(910.4) Adequacy of loading areas: All uses, whether or not specified in this ordinance, shall provide off-street loading areas sufficient for their usual requirements. Off-street loading requirements must be met without using any portion of a street right-of-way, unless the street is intended for such purpose and will be permanently owned and maintained by private means. All loading areas shall be paved and drained so as to prevent damage to adjoining properties or streets.

Editor's note— Ord. No. 366, § 18, adopted May 22, 1985, repealed § 911, concerning fences, derived from Ord. No. 217, adopted Oct. 2, 1980, and Ord. No. 226, adopted Feb. 5, 1981.

All buildings intended for use by the general public shall be designed and constructed so that they are accessible to and useable by the physically handicapped. To the extent that it is practical and possible, site development, and buildings should conform to the specifications set forth by the American National Standards Institute, A117.1, as revised from time to time.

Openings for vehicular access to zoning lots from public streets, commonly called curb cuts, shall be regulated in accordance with the following requirements:

(913.1) Size and spacing: In no case shall a curb cut or other access point be less than nine feet nor more than 30 feet in width. Except in residential zoning districts no two curb cuts or other access points shall be closer than 50 feet from each other.

(913.2) Location: At street intersections, no curb cuts or other access points shall be located closer than 25 feet from the intersecting point of the street right-of-way lines.

(913.3) Visibility: At any street intersection or at the intersection of any private driveway with a street, no fence, wall, sign, planting, or other structure or object shall be permitted or maintained that will form an impediment to visibility within 25 feet of the point of intersection of the driving surfaces (or such lines extended in the case of rounded corners).

The height limitations of this ordinance shall not apply to chimneys, spires, silos, flagpoles, towers and such other structures not intended for human occupancy, provided such structure or portion of a structure will not interfere with any established airport approach zones or flight patterns.

No permanent structures or improvements shall be placed on any officially designated and recorded easement area.

The preservation and promotion of nature is a desirable and important means of protecting the public health, safety and welfare and that a healthy environment indicates a healthy community, which is consistent with the city's comprehensive plan. The use of setback and buffers is a method of preserving and enhancing nature, while providing citizens an assurance of protection from negative intrusions such as visual and noise impacts from uses on adjoining developments. More specifically, this section is intended to provide requirements that will ensure greater compatibility between different characters of land uses by requiring a transition yard between the uses in order to minimize the harmful impact of noise, dust and other debris, motor vehicles headlight glare or other artificial light intrusion and other objectionable activities or impacts conducted on or created by an adjoining or nearby use. This section will provide consideration of those physical and visual elements of a development or use and to require treatment of the land with landscaping using plant materials and/or manmade features. Such plant materials and/or manmade features are to be arranged to enhance the appearance, to screen or effectively separate different types of uses, and to eliminate or minimize impacts on adjoining uses.

For the purposes of this ordinance, transition yards shall be established as follows:

(916.1)Establishment of transition yard. Within each zoning district, minimum building and parking setbacks have been established to separate development from the property line. These setbacks are not meant to be "build to" lines but to simply define the area in which structures and other development may occur. The city recognizes the importance of separating property zoned GC, LUC, OI, LI or GI from residentially zoned property. In those areas, the setback requirements shall be increased, such that a natural buffer shall be provided between dissimilar zoning districts. This buffer shall be referred to as a transition yard on the conceptual and final site plan submittal. Absolutely no unapproved clearing and/or grading, except for perpendicular utility crossings, shall be permitted within the transition yard unless prior written approval is granted by the city for the removal of infected, infested, and/or damaged trees that pose a threat to human life and/or property as determined by the planning and development director. Stormwater detention and/or water quality features shall not be located within the transition yard.

(916.2)Property abutting residentially-zoned property. Notwithstanding any provision of this ordinance to the contrary, all property zoned GC, LUC, OI, LI or GI that adjoins a residentially zoned tract of land shall have increased setback and buffer requirements along any rear and/or side property lines abutting the residential property. At a minimum, the setback and buffer requirements shall be no less than 75 feet in width as measured from the property boundary.

(916.3)Property separated from residentially-zoned property by greenbelt. On those tracts of land zoned GC, LUC, OI, LI or GI that are separated from residential property by a greenbelt of less than 75 feet in width, the setback and buffer requirements along these adjoining property lines shall increase such that there is no less than a 75 feet undisturbed buffer, as identified above, separating rear and/or side property lines abutting the greenbelt/residential property. On those tracts of land zoned GC, LUC, OI, LI or GI that are separated from residential property by a greenbelt of 75 feet or greater in width, the setback and buffer requirements along these adjoining property lines shall not need to be increased.

(916.4) Transition yard/landscaping requirements. Landscaping within the established transition yard shall, at maturity, be no less than ten feet in height and/or a height that will provide intervening vegetation to the full height of the proposed use structure as viewed from the eye level elevation of five feet six inches at any point along the abutting use setback line and/or the second story of a residential use. In those instances where a greenbelt exists and is used to reduce the size of the required transition yard, the greenbelt shall be enhanced as applicable to meet the requirements of this paragraph.

Where applicable, the following landscaping elements shall be utilized to meet these guidelines:

(a)

Meandering berms at a minimum of four feet in height with 4:1 slopes and a crown of no less than width of four feet.

(b)

The top of the berm shall include a six-foot tall stockade-type privacy fence, which is painted or stained a neutral color.

(c)

At the base and on both sides of the fence, evergreen vines (Confederate Jasmine, Boston ivy, etc.) shall be planted at no more than four feet on center and be trained to cover the fence.

(d)

The slopes of the berm shall be planted with a combination of evergreen plant material (Leyland Cypress, Cryptomeria Japonica, etc.) planted in staggered rows at eight feet on center. The minimum height of the evergreen plant material shall be no less than six to eight feet in height from finish grade to the top of the plant material at the time of planting.

(e)

All exposed areas on the berm shall be mulched with no less than four inches of fresh hardwood bark mulch.

(f)

A drip irrigation system shall be installed and utilized to irrigate all plant material for no less than 12 months from date of installation and acceptance by the city.

(g)

The berm, fence and landscaping shall be installed once the site is cleared and graded and prior to issuance of a building permit.

(Ord. No. 965, § 1, 1-15-2009; Ord. No. 1117, § 1, 11-3-2016)

(917.1) Purpose.

(a)

The purpose of this section 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 section is not intended to regulate hotels, motels, inns, or bed and breakfast establishments.

(917.2) Zoning districts. Short term rentals are permitted in all residential zoning districts and zoning districts where residential uses are permitted.

(917.3) Applicability.

(a)

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

(b)

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

(c)

The allowance of short term rentals pursuant to this section shall not prevent enforcement of additional restrictions that may be contained in restrictive covenants or other private contractual agreements or arrangements.

(d)

This section shall become effective on January 1, 2025.

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

Bedroom shall mean an attached room which is intended, arranged, or designed to be occupied by one or more persons primarily for sleeping purposes.

City shall mean Peachtree City, Georgia.

Garbage shall mean and include all waste and accumulation of animal, fruit, or vegetable matter that attends or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter of any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious and offensive gases and odors, or which may serve as breeding or feeding materials for flies and or germ-carrying insects. Garbage, for the purposes of this section, shall also include recyclable materials and rubbish, as defined in chapter 42 of this Code.

Guest shall mean anyone who has a home address somewhere other than where he or she is spending the night and other than where he or she pays a fee for accommodations.

Innkeeper shall mean any person who is furnishing for value to the public any room(s), lodging, or accommodations.

Local contact person shall mean a person, firm or agency representing an owner or owners of a short term rental who has access and authority to assume operational management of the short term rental and take remedial measures.

Noise regulations shall mean those regulations contained in the chapter 42, article VI, noise control, of this Code.

Occupancy, transient shall mean occupancy or use by a paying guest or tenant for a period of not more than 30 consecutive days or by the offering or advertising of a residence as being available in whole or in part to be used for such occupancy. Such occupancy is characteristic of short term rentals or other establishments, by whatever name called.

Operator shall mean any person operating a short term rental (as defined in this section) in the city, including but not limited to the owner or proprietor of the premises, lessee, lender in possession, or any other person otherwise operating a short term rental.

Owner shall mean a person or entity that holds legal and or equitable title to private property.

Premises shall mean and include all physical buildings, appurtenances, parking lots, and all property owned and/or used by and for the short term rental.

Private shall mean intended for or restricted to the occupants and or guests of the short term rental; not for public use.

Rental term shall mean the period of time a person rents or leases a short term rental.

Short term rental shall mean any residential property, facility, or structure used for transient occupancy providing overnight lodging and accommodations for not more than 30 consecutive days.

Special event or private function shall mean an organized activity for profit or non-profit having as its purpose entertainment, recreation and or education, including but not limited to a festival, party, reception, celebration or assembly.

(917.5) Permit required.

(a)

Every person engaging in or about to engage as an operator of a short term rental shall immediately apply for a permit with the planning and development department on the forms provided by the same. Persons engaged in such operations must apply for a permit no later than 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 nor meeting the requirements of this section 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 would be required by the planning and 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.

(b)

A separate permit will be required for each individual location of a short term rental.

(c)

The total number of short term rental permits in Peachtree City is limited to no more than 135 permits.

(d)

Upon the effective date of this section, the issuing priority of permits shall be granted to applicants who demonstrate existence of their property's short term rental operations and payment of all required taxes prior to the city council's adoption of this section, and who meet all other requirements of this section. Should the number of these prior-existing short term rentals exceed 135 as described in subsection (c) above, all prior-existing short term rentals will be permitted, but no new licenses will be issued until such permit limit is no longer exceeded.

(917.6) Local contact person, and responsible person. Each owner of a short term rental shall designate at least one local contact person who has access and authority to assume operational management of the short term rental and take remedial measures or repairs while the short term rental is being rented to an occupant and/or guest. An owner of a short term rental may designate herself or himself as the local contact person.

(a)

The local contact person shall be at least 21 years of age.

(b)

The local contact person shall be required to respond to the location of the short term rental 24 hours a day, seven days a week, and within one hour after being notified by the city of the existence of a violation of this section or any other provision of this Code, or any disturbance or complaint requiring immediate remedy or abatement regarding the condition, operation, or conduct of occupants of the short term rental.

(c)

An owner may retain a managing agent, managing agency, operator, or representative to serve as the local contact person to comply with the requirements of this section, including, without limitation, the licensing of the short term rental, the management of the short term rental, and the compliance with the conditions of the license. Any such managing agent must be licensed under the laws of the state.

(d)

The owner of the short term rental is responsible for compliance with the provisions of this section and the failure of the local contact person to comply with this section shall be deemed noncompliance by the owner.

(e)

The owner must immediately notify the planning and development department in writing upon a change of local contact person or the local contact person's telephone number. This notification will be on forms prescribed by the city. The new, revised contact name and phone number must be posted in the guest areas of the short term rental within ten days of any change of local contact person information and before occupants can rent the short term rental.

(917.7) Application for permit.

(a)

Each person seeking to obtain a permit to operate a short term rental shall submit an application to the planning and development department on a form provided by the same. Said application shall include:

(1)

A statement that each applicant is a citizen or legal resident of the United States;

(2)

Address, phone number and email address of each applicant;

(3)

The address of the short term rental;

(4)

Consent by each applicant to undergo a criminal background check;

(5)

A copy of a deed showing the applicant to be the owner of the premises for which the permit is sought;

(6)

A copy of the passed inspection report or other similar approval from the city fire marshal or his designee;

(7)

A copy of the passed inspection report or other similar approval from the city building official or his designee;

(8)

All other state and local permits pertaining to the operation of short term rentals, including approvals, as applicable, or as determined by the director of planning and development.

(9)

Copy of the guest occupancy agreement as required by O.C.G.A. § 43-21-3.2. This agreement shall contain at a minimum notices to the occupants regarding the city's noise ordinance, special event prohibition, prohibition on sub-leasing, and notice that failure to vacate the premises for violating the agreement will be considered trespassing and thus subject to criminal prosecution;

(10)

An affidavit swearing to using a platform that complies with state laws and collection of appropriate sales and lodging taxes;

(11)

The name, address, telephone number and email address of the local contact person(s); and

(12)

Any other information as may be required by the planning and development department.

(b)

All applications for a permit to operate a short term rental shall be accompanied by the payment of applicable fees as set in a schedule of fees adopted by the city council and amended time to time.

(917.8) Issuance of permit.

(a)

Upon determining that an application is complete, applicable fees are paid, and all the standards of this section are satisfied, the planning and development department shall issue the appropriate permit for the period of 730 calendar days for which approval was granted.

(b)

No permit shall be issued for any short term rental where any individual having interest either as an operator, owner, partner, principal stockholder, or licensee, whether such interest is direct or indirect, or beneficial or absolute, has been convicted or has taken a plea of nolo contendere within five years for a felony or any crime involving moral turpitude, or has been convicted or has taken a plea of nolo contendere within two years for any misdemeanor of any state or of the United States or any municipal or county ordinance which would have any effect on the applicant's ability to properly conduct such business, except traffic offenses. The term "conviction" as used in this section shall include adjudication of guilty plea, plea of nolo contendere or forfeiture of a bond when charged with a crime.

(c)

Upon the issuance of a new short term rental permit, the city shall mail a notice to all residential properties within 200 feet of the property line of the short term rental notifying them of the short term rental permit.

(917.9) Biennial renewal of permit and abandonment of permit. All permits issued pursuant to this article are annual permits that run 730 days from the issuance of the permit. Holders of existing permits in good standing shall apply to the planning and development department for renewal by filing a renewal application in proper form and tendering the required fees. Renewal applications shall be accompanied by compliance documentation for payment of excise taxes and sales taxes, along with re-inspection approvals from the city fire marshal, and other documents as required by the planning and development department.

(917.10) Transfer of permits. Permits are issued to the applicant and do not carry with the land or premises. No permit issued pursuant to this article shall be transferred from one person to another. Any violation of this section shall constitute due cause for probation, suspension, or revocation of the permit.

(917.11) Revocation of permit.

(a)

Any permit issued pursuant to this article 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;

(3)

Any violation of this article; or

(4)

The conducting of the business permitted under this article 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 article 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 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 may make a decision concerning the revocation of said permit. If the decision is adverse to the permit holder, he/she may appeal such decision within ten days to a court of competent jurisdiction via a writ of certiorari.

(4)

Any owner who has his or her permit revoked shall be disqualified from reapplying for such permit for 24 months immediately following revocation.

(917.12) Accommodation standards.

(a)

All structures used for short term rentals shall satisfy the National Fire Protection Association and International Fire codes, as adopted and amended by the state department of community affairs, and chapter 38 of this Code.

(b)

All swimming pools, spas, and hot tubs shall comply with the International Swimming Pool and Spa Code as adopted and amended by the state department of community affairs and chapter 18 of this Code, as it applies to barriers and floatation devises.

(c)

No exterior alterations may be made to a residence to indicate that it is being used as a short term rental. House numbers shall be visible from the public street at all times.

(d)

No advertising shall be visible from the street or from adjoining properties.

(e)

No detached structures, guest houses, or recreational vehicles or trailers shall be used as a short term rental.

(f)

Only a bedroom as defined herein shall be used for overnight sleeping quarters.

(1)

Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

(2)

Except where there is only one bedroom, bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

(3)

Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.

(4)

Every bedroom shall have at least six square feet of floor to ceiling heated closet space, and for each permissible occupant over two, there shall be an additional of four square feet in the above described closet; however, if such space is lacking, an amount of space equal in square footage to the deficiency shall be subtracted from the area of the bedroom space used in determining permissible occupancy.

(5)

No space located totally or partially below grade shall be used as a bedroom unless the total openable window area for allowing the entrance of outside light is equal to at least five square feet and there are no pipes, ducts, or other obstructions less than six feet eight inches from the floor level which interfere with the normal use of the room or area.

(g)

No more than three guests shall be allowed per bedroom. The number of bedrooms shall be confirmed by the on-site inspection by a representative of the city, and a maximum overnight sleeping occupancy shall be established for the permit.

(h)

Short term rental premises must be maintained in compliance with standards contained within this Code.

(917.13) Operating standards.

(a)

Each operator of a short term rental is required to keep a guest registry containing guest names, dates of occupancy, city of permanent residency, and description and license plate number of the vehicle they are using. Each operator of a short term rental shall keep for a period of at least 30 days the above-described register. Said records shall be made available for examination by the city, the county board of health, or any authorized law enforcement agency upon operator or owner of such short-term rental being presented with a warrant to provide such information, or immediately upon exigent circumstances.

(b)

Operators of short term rentals shall not be permitted to serve food to guests for sale or otherwise and no food preparation, except beverages, is permitted within individual bedrooms.

(c)

The permit number shall be included on all advertisements for the short term rental.

(d)

Special events or private functions are not permitted at short term rentals. For the purposes of defining a special event, in addition to the definition contained herein, no more than two times the number of maximum overnight sleeping occupancy shall be permitted on the premises at any time.

(e)

The operator shall not permit any occupant to sublet the premises and shall notify occupants of this prohibition in the guest occupancy agreement as required by O.C.G.A. § 43-21-3.2.

(917.14) Display of permit and notifications.

(a)

Every holder of a permit issued pursuant to this article shall keep such permit conspicuously displayed at all places where such business is conducted.

(b)

Each short term rental shall post a legible notification, clearly visible to all guests containing the following information:

(1)

The name and contact information of the owner/local contact person and the telephone number at which that party may be reached on a 24-hour basis.

(2)

The maximum number of overnight occupants permitted posted on the form as provided by the city.

(3)

Notification that an occupant may be cited and fined for creating a disturbance or for violation this code section or any other sections of this Code.

(4)

Notification that the short term rental location cannot be utilized for special events, parties, or private functions as defined herein.

(917.15) Complaints. Complaints about the property may result in a notice of the violation being directed to the local contact person. The local contact person shall be responsible for contacting the responsible guests and/or occupants to correct the problem within one hour. This local contact person is required to visit the property to confirm compliance with this chapter, unless compliance can reasonably be confirmed without visiting the property. It is not intended that an owner or local contact person act as a peace officer or place himself or herself in an at-risk situation.

(917.16) 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;

(2)

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

(3)

Each day the short term rental is marketed or rented for overnight accommodation shall constitute a separate violation.

(4)

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.

(5)

Three or more separate complaints received from at least two 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 $500.00;

(2)

For a second violation within any 12-month period, the penalty shall be a citation and a fine not to exceed $750.00;

(3)

For a third violation within any 12-month period, the penalty shall be a citation, a fine not to exceed $1,000.00, the revocation of the short term rental permit for a period of 24 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 24 months from the date of revocation.

(c)

If non-compliance with provisions of this section occurs, the planning and development department or law officer 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.

(d)

The planning and development department, code enforcement officer of the city, and the city 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 city police chief or her or his designee or code enforcement shall also have authority to enforce this chapter.

(Ord. No. 1229, § 1, 11-7-2024)