SPECIAL ZONING DISTRICTS
(1)
This Article establishes standards that apply to the development, use, or alteration of land, buildings, and structures within the boundaries of a special zoning district.
(2)
The zoning district regulations of this article contain additional standards and procedures that are supplemental to all other regulations and requirements of the UDO. Should the requirements of these special district standards and procedures conflict with the standards of different requirements of the UDO, the requirements of the special district shall apply.
(a)
The provisions of the special districts shall apply to all parcels of land and rights-of-way within the boundaries of the special zoning districts.
(b)
The provisions of the special districts shall apply to all applications for land disturbance permits, plan review, plat approval, sign permits, and building permits for all property within the respective special zoning district boundaries, unless expressly exempted.
(c)
All special zoning districts identified as "overlays" shall also require conformance with the approved underlying zoning district regulations.
(Ord. No. 2025-03, 6-3-2025)
(1)
This subsection shall be known and may be cited as LaGrange-Callaway Airport Zoning Ordinance. The description of airport zones is comprehensive for the LaGrange-Callaway Airport airspace requirements, but enforcement of this ordinance applies only to the unincorporated areas of Troup County.
(2)
This ordinance is adopted pursuant to the authority conferred by article 9, section 2, paragraph 4 of the constitution of the state [Ga. Const. Art. IX, § II, ¶ IV]. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the LaGrange-Callaway Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of LaGrange-Callaway Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of LaGrange-Callaway Airport and the public investment therein. Accordingly, it is declared:
(a)
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by LaGrange-Callaway Airport; that it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and that the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power.
(b)
It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; and the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
(3)
If a conflict shall exist between the provisions of this article and any law of the state or any federal law, or any rules or regulations of either, legally adopted and in force, then the more stringent limitation or requirement shall govern and prevail.
(4)
It shall be the duty of the Community Development Director to administer and enforce the regulations prescribed in this ordinance. Applications for permits and variances shall be submitted to the Community Development Director on a form published for that purpose. Applications required by this ordinance to be submitted to the Community Development Director shall be promptly considered and granted or denied. Applications for action by the Board of Zoning Appeals and Planning Commission shall be transmitted forthwith by the Community Development Director.
(5)
In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the LaGrange-Callaway Airport. Such zones are shown on the LaGrange-Callaway Airport Zoning Map, consisting of one (1) sheet, prepared by the Board of Zoning Appeals and Planning Commission and dated January 1979, which is, by this reference, made a part of this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. The various zones are hereby established and defined as follows:
(a)
Runway larger than utility visual approach zone: The inner edge of this approach zone coincides with the width of the primary outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(b)
Runway larger than utility with a visibility minimum greater than three-fourths of a mile non-precision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(c)
Runway larger than utility with a visibility minimum as low as three-fourths of a mile non-precision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(d)
Precision instrument runway approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(e)
Transitional zones: The transitional zones refer to the areas located beneath the transitional surfaces.
(f)
Horizontal zone: The horizontal zone is established by swinging arcs of 10,000 feet radius from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(g)
Heliport approach zone: The inner edge of this approach zone coincides with the width of the primary surface, which corresponds in size and shape with the designated takeoff and landing area. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.
(h)
Heliport transitional zones: These zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline.
(i)
Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(6)
Except as otherwise provided in this ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article to a height over the applicable height limitations which are hereby established for each of the zones in question as follows:
(a)
Runway larger than utility visual approach zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline (Runway 3-21).
(b)
Runway larger than utility with a visibility minimum greater than three (3)-fourths-mile non-precision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline (Runway 13-31).
(c)
Runway larger than utility with a visibility minimum as low as three (3)-fourths-mile non-precision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(d)
Precision instrument runway approach zone: Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline (Runway 13-31).
(e)
Transitional zones: Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 693 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
(f)
Horizontal zone: Established at 150 feet above the airport elevation or at a height of 843.35 feet above mean sea level.
(g)
Conical zone: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(h)
Heliport approach zone: Slopes eight (8) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline.
(7)
Use restrictions.
(a)
Generally. Notwithstanding any other provisions of this Code of Ordinances, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(b)
Prohibited uses. The following uses are prohibited in the first 1,700-foot segment of the approach zone beginning at the end of the primary surface for Runway 13-31 and the first 1,000-foot segment of the approach zone starting at the end of the primary surface for Runway 3-21:
(i)
Churches, schools, lodges, clubs, theaters, and other places of public assembly;
(ii)
Multiple-family dwellings over four (4) units per structure or in a group development;
(iii)
Hospitals and institutions;
(iv)
Storage of hazardous material; and
(v)
Any use where a concentration of people and the presence of hazardous materials are customary.
(8)
Nonconforming uses.
(a)
Regulations are not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of March 17, 1992, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to March 17, 1992, and is diligently prosecuted. Additionally, nothing contained herein shall prohibit construction of additions or additional floors to existing buildings, provided that any such buildings were in use on March 17, 1992, the additions were contemplated and designed at the time of the original construction, and that additional costs were incurred at the time of the original construction to allow for those future additions or additional floors.
(b)
Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing or extended nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Troup County Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport authority.
(9)
Permits.
(a)
Future uses. Except as explicitly provided in paragraphs (i), (ii), and (iii) of this subsection, no material change shall be made in the use of the land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created in this ordinance unless a permit therefor shall have been applied for and granted by the Community Development Director. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. Form 7460 must be filed with the Federal Aviation Administration if any structure or tree penetrates the 100 to one (1) notification slope as delineated upon the airport runway approach and profiles plan. No permit for a use inconsistent with the provisions of this ordinance shall be granted unless a variance has been approved in accordance with subsection (d) of this section, using the following criteria:
(i)
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree would extend above the height limits prescribed for such zones.
(ii)
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones.
(iii)
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree, in excess of any of the height limits by this article.
(b)
Existing uses. Except as provided in this subsection (8)(a), no permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation that it was on March 17, 1992, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c)
Nonconforming uses abandoned or destroyed. Whenever the Community Development Director determines that a nonconforming tree or structure has been abandoned or more than 80 percent of its original height has been torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(d)
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this ordinance, may apply to the Board of Zoning Appeals and Planning Commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for variance to the requirements of this ordinance may be considered by the Board of Zoning Appeals and Planning Commission unless a copy of the application has been furnished to the Troup County Airport Authority for advice as to the aeronautical effects of the variance. If the Troup County Airport Authority does not respond to the application within 60 days after receipt, the Board of Zoning Appeals and Planning Commission may act on its own to grant or deny said application.
(e)
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and Planning Commission, this condition may be modified to require the owner to permit the Troup County Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. No. 2025-03, 6-3-2025)
(1)
Purpose. The objective of this zone is to establish procedures and standards for implementing comprehensively planned projects with environmental, topographical, or other similarly site-constrained properties. The existing Zoning Map and underlying zoning regulations governing all properties within the Planned Unit Development special zoning district shall remain in full force and effect. The regulations contained within this section shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply. The specific purposes of the zone are:
(a)
To encourage the efficient use of land by: locating employment, educational and retail uses convenient to residential areas; reducing reliance on automobile use and encouraging pedestrian and other non-vehicular circulations systems; retaining and providing usable open space and passive and active recreation areas close to employment and residential population; and providing for the development of comprehensive non-vehicular circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreational areas, educational, commercial and employment areas, and public facilities;
(b)
To provide a superior natural environment by the preservation of trees, natural topographic geologic features, wetlands, watercourses, and open space, and;
(c)
To allow development only in a staged or phased fashion to ensure the adequate provision of public facilities and the concurrent implementation of community
(2)
Size, Location, and Development Requirements.
(a)
The PUD zoning classification and accompanying development plans may be approved upon findings that the application is proper for the comprehensive and systemic development of the County, is capable of accomplishing the purposes of this overlay zoning district, is an internally and externally compatible form of development and is consistent with any applicable planning and land use policies of the County. In order to enable the County to evaluate the conformance with the standards contained herein, specific sets of plans shall be submitted in accordance with subsection (7) herein. The County is authorized to approve said plan or plans if such plans are found sufficient to accomplish the above purposes in compliance with the standards and requirements of this overlay zoning district.
(b)
Minimum Area. No land shall be classified in the PUD zone unless it contains a minimum of 100 acres. Parcels or tracts less than the minimum acreage may be permitted if they are contiguous to an existing PUD zoned area and may be harmoniously integrated into the PUD area, consistent with the objectives and purposes of this zoning district.
(c)
Location. Such land shall be located adjacent to and readily accessible from existing or planned roadways, sufficient to carry the increased capacity of the development, and are in an approved construction program. It is intended that adequate access be available to such sites so that traffic does not have an adverse impact on the surrounding area or cause internal circulation or safety problems. To this end, it is required that any PUD constructed in Troup County have, at a minimum, two (2) entrances and exits, preferably located along collector or arterial road and street systems.
(3)
Signage. Signs shall be permitted in accordance with the regulations applicable to the underlying zoning districts and in accordance with the specifications and standards established in the final site plan, as approved by the Troup County Engineer and Community Development Director. In addition to the signage allowed by the underlying zoning districts, the following additional signage may be permitted:
(a)
Primary monuments for the overall development at each primary entrance to the development shall not exceed 64 square feet in surface area and 20 feet in height. These signs shall not be located in the right-of-way of any road, nor shall they obstruct the view of oncoming traffic from any direction.
(b)
Secondary monuments for specific phases of the development and for internal separation of uses within the development shall not exceed 24 square feet in area and four (4) feet in height.
(4)
Connectivity. Parcels shall not be zoned PUD unless configured to connect to adjacent roads and streets (grid pattern) and promote the overall connectivity of pedestrians and vehicles within the development.
(5)
Traditional Neighborhood Development Principles. Land developed in the PUD zone should be developed in a manner consistent with the principles of traditional neighborhood developments, which emulate the historic pattern of development in the County and will generally be more compatible with existing developed areas of the County. These principles are listed below:
(a)
Walkability: Most daily needs can be satisfied within a five (5) to 10-minute walk of home and work (quarter- to half-mile radius). Pedestrian-friendly road and street design includes buildings close to the road or street, front porches, continuous tree cover, on-street parking where appropriate, hidden parking lots, garages relegated to a rear lane or alley, and narrow, slow-speed vehicular trajectories.
(b)
Connectivity: An interconnected road or street grid network disperses traffic and increases walkability by allowing most roads and streets to be narrow. A high-quality pedestrian network and public realm make walking a comfortable, pleasant, and engaging experience.
(c)
Diverse Housing: A range of architectural types, sizes, and prices, preferably interspersed but minimally located in close proximity.
(d)
High-Quality Architecture and Urban Design: Emphasis on aesthetics, human comfort, and creating a sense of place and special placement of civic buildings and sites within the community. Architectural styles and exteriors shall vary and provide an aesthetically pleasing facade to the public road or street.
(e)
Increased Density: More buildings, residences, shops, and services closer together, to encourage walking and to enable a more efficient use of resources and time.
(f)
Smart Transportation: A transportation network connecting neighborhoods, business districts, cities, and towns together. Pedestrian-friendly design encourages a greater use of walking, bicycles, carts, and scooters as daily transportation.
(g)
Sustainable: Minimal environmental impact of development and its operations. It has less use of finite land and fuel resources and more local production.
(h)
Quality of Life: Taken together, all of the above contribute to an improved quality of life for community residents and for the human community as a whole.
(6)
Density and Intensity of Development.
(a)
Residential. The total number of dwelling units and the corresponding density, as well as the approximate location of such units, shall be established at the time of concept plan approval pursuant to subsection (15) provided that the approximate location of specific units may be modified after approval of the plan if such modification does not affect the total density of the development and does not affect the total number of units of a particular type by more than 15 percent. Any modifications that meet the density and type requirements may be approved by the Community Development Director upon receipt of a revised plat. Any modifications that exceed the density and type requirements shall be resubmitted to the Board of Zoning Appeals and Planning Commission for approval. The Community Development Director shall have 15 business days to review any modified plans.
(b)
Lot size. Supporting commercial facilities and use facilities may be authorized up to 100 percent lot coverage, provided a parking plan identifying parking alternatives in the immediate vicinity of the building, acceptable to the Board of Zoning Appeals and Planning Commission, is developed for the proposed building. Modifications may be made to the landscape plan if the modifications do not alter the intent of this ordinance and enhance the project as determined by the Community Development Director and approved by the Board of Zoning Appeals and Planning Commission.
(7)
Minimum Open space, landscaping, and amenity requirements.
(a)
The amount of open space, including designated parks, public and private open space, active and passive recreational areas, required for the residential portion of a mixed/multi-use development shall not be less than 25 percent of the net acreage shown for residential use. The minimum open space requirement, which shall include designated parks, private open space, active and passive recreational areas, for the commercial portion of a mixed/multi use development shall be 10 percent or less of the total net acreage devoted to commercial uses, except that comparable amenities and/or facilities may be provided in lieu of green area if the Board of Zoning Appeals and Planning Commission determines that such amenities or facilities are sufficient to accomplish the purposes of the zone, and would be more beneficial to the proposed development than strict adherence to the specific open space requirement.
(b)
All recreation areas, facilities, and amenities, and all open space and landscaped areas, shall be reflected on the application for PUD zone at the concept plan approval stage, approved by the Board of Zoning Appeals and Planning Commission. With respect to such areas, facilities, and amenities, the concept plan or accompanying documents shall reflect:
(i)
That such areas, facilities, or amenities shall not be constructed, converted, or used for any purposes other than reflected and designated on the approved preliminary plan unless said plan is amended by prior written consent of the Board of Zoning Appeals and Planning Commission.
(ii)
A staging or construction timetable specifying the construction of all recreational areas, facilities, and amenities. The staging or construction timetable may be related to the number of residential units under construction or completed, population levels, or other appropriate standards. Amendments to the timetable may be made after approval by the Board of Zoning Appeals and Planning Commission. The adherence to the performance of such timetable may, at the discretion of the Board of Commissioners, be secured by the withholding and suspension of all permits for any project lying within the designated PUD zone.
(iii)
Copies of proposed supporting covenants to be filed among the land records prior to the issuance of building permits, which shall enumerate the property owner's and all successors' obligations for perpetual maintenance of all common areas, green space, recreation areas, facilities and amenities, and all common landscaped areas.
(8)
Public Facilities and Utilities. Roads must conform to standards set and adopted by the County as defined in [appendix C] Article 14 of this UDO and as approved on the preliminary plan. In the event that proposed roads are to be narrower than County specifications or require other changes in order to meet the objectives of the PUD ordinance, the change in conformance to [appendix C] Article 14 may be approved by the County engineer during the preliminary plat approval stage. Each development must have on-site water and sewer capabilities. All developers are required to have sewer systems operated and maintained by a governmental body qualified to do so. All utilities shall be underground for PUD developments. Utility and road departments are urged to work with the developer to place utilities, sidewalks, and trees in a place that is functional for all and that allows for street trees.
(9)
Parking Requirements. In addition to any other requirements of this section, off-street parking shall be provided as follows:
(a)
Parking spaces shall be determined by the off-street parking regulations of this ordinance. The Board of Zoning Appeals and Planning Commission may reduce or increase the number of spaces required for any use allowed in the PUD zone when such reduction or increase will meet the purposes of the PUD zone.
(b)
Street Trees. Developers are encouraged to provide for street trees that, at some point in the future, may provide a canopy of trees lining the roads or streets and neighborhoods of the mixed/multi-use districts. All mixed-use developments are required to submit a landscape plan to be approved by the County arborist. In order to ensure that development options are as flexible as possible, the landscape plan may be amended as needed to properly serve the development. However, the approved preliminary plat and landscape plan shall be what is required to be built. The preliminary may be modified until construction drawings are submitted to the County engineer for approval.
(10)
Application and Processing Procedures. All planned unit developments are subject to Troup County Subdivision Regulations. A traffic impact study for the proposed site is required at the time of zoning of the property and concept plan approval. Procedures for governing the application for the PUD zone and approvals necessary to seek building permits shall be subject to the following multiple-step process:
(a)
Concept plan approval does not ensure future approval of the preliminary plan or an indication that the project will be approved in future phases of review.
(b)
An applicant shall file, together with the prescribed application fee, a concept plan and rezoning application. The concept plan shall include at a minimum the following:
(i)
The boundaries of the entire tract or parcel.
(ii)
The location size, capacity of roads located on all adjacent lands.
(iii)
Generalized location of existing and proposed external roads and adjacent land use and development.
(iv)
Generalized location and description of various internal proposed land use components, including information as to proposed densities and intensities, proposed size and heights of development.
(v)
Generalized location, description, and timing of proposed roads, proposed dedicated public lands, and perimeter setback or buffer areas.
(vi)
Proposed phasing or staging plan of development, public facilities, and information pertaining to the provision of public facilities as required by the County.
(vii)
Generalized areas of woodlands, streams, watercourses, and other areas intended for natural preservation.
(viii)
An illustrative plan providing for the physical layout of the entire development, including all roads, streets, lots, parcels, parks, and open spaces.
(11)
Proposals. During the concept plan approval phase, the Development Review Committee, the Planning Commission, and the developer will engage in meetings and planning sessions before submitting proposals for consideration by the Board of Zoning Appeals and the Planning Commission.
(12)
Concept Plan Findings. The Board of Zoning Appeals and Planning Commission may approve the accompanying concept plan upon finding that:
(a)
The application meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and
(b)
The application and concept plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas.
(13)
A preliminary development plan shall be filed for approval, rejection, or modification by the Board of Zoning Appeals and Planning Commission of all or portions of the area zoned PUD and reflected within the approved concept plan, together with the required filing fee. The preliminary development plan shall be scaled at one (1) inch equals 50 feet and shall contain, at a minimum, the following:
(a)
Boundary survey and identification plat or survey plat.
(b)
The use(s) of all buildings and structures within the preliminary development plan area, as well as existing uses of adjacent property external to the PUD zoned area.
(c)
The location, height, and approximate dimensions and conceptual architectural elevations of all buildings and structures, and the setbacks and densities and/or square footage thereof.
(d)
The location of points of access to the site and all public and private roads, pedestrian and bike paths, in accordance with the applicable thoroughfare design standards.
(e)
The location and setbacks of all parking areas.
(f)
Existing topography, including:
(i)
Contour intervals of not more than two (2) feet;
(ii)
100-year floodplains and floodways, including base flood elevations.
(iii)
Other natural features, such as rock outcroppings and scenic views;
(g)
Historic buildings, structures, or areas.
(h)
Drainage easements.
(i)
All landscaped areas, proposed conceptual screen planting, open spaces, recreation, and amenity areas.
(j)
Proposed phasing or staging plan of development and information relating to such plan's consistency with the provision of public facilities.
(k)
A proposed (draft) covenant or other form of agreement indicating how the area will be included in any homeowners association or other legal organization, and how any open space, community space, or amenities located within the area subject to review will be perpetually maintained.
(l)
Five (5) copies of the preliminary plan/plat are required for submittal to the review process, 24 inches by 36 inches or of a size acceptable to the Community Development Director. All plats and supporting information shall also be submitted in digital format as may be required by the Community Development Director.
(m)
Two (2) drawings that inventory all wetlands, all watercourses and impoundments, and floodplain limits;
(n)
Two (2) copies of the stormwater management plan;
(o)
A typical section view for a typical utility plan;
(p)
A transportation plan showing the interconnection to the residential and commercial areas and their relationship to all adjoining properties;
(q)
Required fees;
(r)
Project narrative to include description of the type of project and who it will serve, developer information, contractor information, engineer information, contact information, anticipated start dates, completion dates, phasing description (if applicable), impact statement describing projects effects on surrounding transportation including traffic counts and flows from proposed project and existing counts, a narrative description of how traffic will be managed and controlled (and calmed) as appropriate for the development (the traffic impact study may be substituted for this part of the narrative) description of greenspace and public/community space proposed for the project; and
(s)
Application must be signed by the owner, developer, and engineer or land surveyor (licensed in Georgia with stamp affixed).
(14)
Preliminary Plan Findings. The PUD preliminary plan submittal may be approved upon finding that:
(a)
The plan is substantially in accord with the approved concept plan; and
(b)
The plan meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and
(c)
The plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas; and
(d)
The existing or planned public facilities are adequate to serve the proposed development contained in the plan; and
(e)
The development staging or phasing program is adequate in relation to the provision of public facilities and private amenities to service the proposed development.
(15)
Final Site Plan Review. Following rezoning and approval of a preliminary development plan, approval of construction drawings to include two (2) copies of the erosion and sedimentation control plan and full utility plan; construction of roads and any other required documentation an applicant shall be submitted to Troup County Roads and Engineering Department for review and approval to the Board of Commissioners a final site plan for approval for dedication of the roads, which shall be in accord with the approved preliminary development plan and shall include the following:
(a)
All information required pursuant to the requirements of the preliminary plan;
(b)
Proposed covenants, suitable for filing in the deed records of Troup County, which shall indicate in specific language that the property is restricted in its use and/or development standards to the preliminary development plan and any accompanying or qualifying text material submitted with such plan, such plan shall be approved by the Troup County attorney at the time of final site plan review. Additional requirements for the covenants are as follows:
(i)
Building/structure setbacks and lot coverage;
(ii)
The location and type of accessory buildings and structures;
(iii)
Type and nature of accessory uses; and
(iv)
The appearance of buildings and structures, configuration of building elements, and type of building materials. Provided, however, no such rules, regulations, and standards shall exceed any maximum development standard or be less than any minimum development standard or permit any use otherwise prohibited in the PUD zone. All owners of property subject to the final site plan and their assigns shall be notified (by the developer) of such rules, regulations, and standards at the time of taking title to property located within the final site plan area.
(16)
The Board of Commissioners shall approve a final site plan upon consideration, determination, and the powers set forth in this article. The Board of Commissioners shall, as a condition of approval, require the posting of all necessary bonds or other security instruments and the recording of covenants.
(17)
No person, firm, or corporation may violate any requirement of this article, including but not limited to deviation from the requirements of the final site plan, and any such violation shall be enforceable by the County and subject to such enforcement and penalties provided by the Zoning Ordinance.
(18)
The homeowner's association or developer shall commission an architect as a method of ensuring compliance with the architectural code. Said architect shall be retained by the developer and/or homeowner's association until such time as the last lot in the PUD zone at issue is developed.
(Ord. No. 2025-03, 6-3-2025)
(1)
The purpose of this article is to recognize, help protect, and plan for Troup County's historic areas. The County finds that its historic areas and their scenic surroundings are important cultural, recreational, and economic assets, critical to the public's long-term interest. Zoning standards and regulations should protect these areas while advancing community development goals and furthering and protecting the public's health, safety, and welfare. New construction in these areas should complement rather than interrupt, obscure, or otherwise damage or destroy the historic character of the area.
(2)
Description of District. Historic Areas shall be those areas listed and described herein and further delineated on the Official Zoning Map, which is incorporated and made a part of this ordinance.
(3)
Applicability. Historic areas shall function as overlay districts. They may include, be contiguous with, or later become, local historic districts (adopted in accordance with the Georgia Historic Preservation Act of 1980), designated National Register properties or districts, or portions thereof. The regulations of such underlying districts and of the underlying zoning districts shall be maintained and not affected, except in the event of conflict or discrepancy between the historic area and the underlying district or districts. In that case, the more stringent requirements shall be observed, unless noted otherwise in this article.
(4)
Local Government Policy Directives. Because Troup County finds that its historic areas are of special interest, deemed desirable and necessary to conserve for present and future owners, the County shall:
(a)
Incorporate into the Troup County Comprehensive Plan updates and short-term work plans, specific goals for the historic areas relative to land use, housing, community facilities, economic development, and natural and historic resources;
(b)
As part of such planning, have special regard for and give special attention to the design, construction and maintenance needs of public thoroughfares, pedestrian ways, open spaces, landscape elements (including trees), recreation areas and comparable amenities of the area, and prepare plans, designs, sketches and/or models proposing public improvement of these facilities and areas;
(c)
Prepare special and detailed recommendations with respect to improved housing, education, employment, health, protection, and other human resource requirements of the historic areas;
(d)
Ensure appropriate communication among interested public agencies, and provide for the active participation by residents of the historic areas in the preparation of plan elements and program elements noted above;
(e)
Designate a responsible local government official to coordinate these activities;
(f)
Recommend to the Board of Commissioners, by a certain date, ways and means by which the County should improve its maintenance and operating programs within the designated historic areas, if applicable; and
(g)
Monitor and mitigate, when and as possible, adverse impacts of other County programs upon designated historic areas.
(5)
Visual Compatibility Standards.
(a)
Buffer Zones. Any land lot proposed to be subdivided or otherwise developed that is contiguous to a designated historic area shall include a vegetative buffer between the lot to be developed and the adjacent historic area. The buffer shall be provided by the owner of the property proposed to be developed.
(b)
If the lot proposed to be developed is located within the historic area itself, then the buffer shall be between the lot to be developed and other adjacent lots in the historic area.
(c)
If the proposed development and adjacent historic area fall within different zoning districts, then the buffer shall be as specified in [appendix C section] 9.8 of this UDO.
(d)
If the two (2) lots are both within the same zoning district, then the minimum buffer area of 50 feet shall apply. The Board of Commissioners may waive this requirement, however, if it is found that:
(i)
The proposed new construction will be visually compatible with the Historic Area,
(ii)
The historic area already has sufficient buffer area to protect it from visual intrusions, and/or
(iii)
This buffer would adversely affect the character of the historic area by isolating it from its larger compatible surroundings, for example.
(e)
Other Visual Compatibility Standards. In addition to any other provisions of this article, Zoning Ordinance or other applicable law, anyone who lives in, or owns property within, an existing or proposed historic area may request additional visual compatibility standards for that historic area, relating to new construction within that historic area, landscaping, sign placement, demolition protocols, or other. Any such proposal must originate from a person living in or owning property in the affected historic area.
Such requests shall be submitted to the Troup County Historic Preservation Commission on forms available at the Troup County Community Development Department. The historic preservation commission will review each request and forward the request (with comments) to the Board of Zoning Appeals and Planning Commission. The Board of Zoning Appeals and Planning Commission will then review the request, schedule a public hearing before the Board of Commissioners, and provide a recommendation at that hearing, prior to decision by the Board of Commissioners.
(6)
Administration of this section.
(a)
Provisions of the Overlay District shall be administered by the Community Development Director.
(b)
Proposals to designate historic rural areas may be submitted by the Troup County Historic Preservation Commission, Board of Zoning Appeals and Planning Commission, Board of Commissioners, Troup County residents, or owners of property in Troup County.
(c)
Proposals to establish special visual compatibility standards for proposed or designated historic areas may be submitted only by persons living in or owning property within those historic areas, other provisions of the Troup County Code notwithstanding.
(d)
All proposals to designate historic rural areas and/or establish visual compatibility standards for those areas must be submitted to the Troup County Historic Preservation Commission on forms available at the Troup County Planning and Zoning office.
(e)
Proposals to designate historic rural areas and/or establish visual compatibility standards shall be reviewed by the Troup County Historic Preservation Commission, Board of Zoning Appeals, and Planning Commission and approved or disapproved by the Board of Commissioners after a public hearing per the requirements of Section 12.4. Notice of the public hearing on the proposed designation of the historic area shall be mailed to all owners of property within the proposed area, as well as to the owners of property adjacent to the proposed area. The originator of the proposal to designate historic rural areas shall be responsible for providing a list of all property owners to be notified.
(f)
The Board of Commissioners, after consultation with the Troup County Historic Preservation Commission and Board of Zoning Appeals and Planning Commission, may revoke the designation of any historic area that subsequently loses its historic character or visual integrity.
(g)
Decisions by the Board of Commissioners may be appealed in the manner described in this Zoning Ordinance.
(Ord. No. 2025-03, 6-3-2025)
(a)
Commercial recreational vehicle parks (CRV Parks). The CRV Park zoning district shall encompass CRV Parks, campgrounds, and rental cabins. CRV Parks have been established for the convenience of tourists and transient visitors to Troup County. CRV Parks are not intended to provide permanent housing for citizens of the County. Therefore, no recreational vehicle shall be utilized as a residence for occupancy on a permanent basis. Campsites may be a part of a commercial recreational vehicle park, or a campground may be developed separately from a CRV Park. The camp sites and campground as a whole shall adhere to the same standards as those for a CRV Park.
(b)
See section 7.6 for supplemental regulations for vehicle uses.
(Ord. No. 2025-03, 6-3-2025)
SPECIAL ZONING DISTRICTS
(1)
This Article establishes standards that apply to the development, use, or alteration of land, buildings, and structures within the boundaries of a special zoning district.
(2)
The zoning district regulations of this article contain additional standards and procedures that are supplemental to all other regulations and requirements of the UDO. Should the requirements of these special district standards and procedures conflict with the standards of different requirements of the UDO, the requirements of the special district shall apply.
(a)
The provisions of the special districts shall apply to all parcels of land and rights-of-way within the boundaries of the special zoning districts.
(b)
The provisions of the special districts shall apply to all applications for land disturbance permits, plan review, plat approval, sign permits, and building permits for all property within the respective special zoning district boundaries, unless expressly exempted.
(c)
All special zoning districts identified as "overlays" shall also require conformance with the approved underlying zoning district regulations.
(Ord. No. 2025-03, 6-3-2025)
(1)
This subsection shall be known and may be cited as LaGrange-Callaway Airport Zoning Ordinance. The description of airport zones is comprehensive for the LaGrange-Callaway Airport airspace requirements, but enforcement of this ordinance applies only to the unincorporated areas of Troup County.
(2)
This ordinance is adopted pursuant to the authority conferred by article 9, section 2, paragraph 4 of the constitution of the state [Ga. Const. Art. IX, § II, ¶ IV]. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the LaGrange-Callaway Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of LaGrange-Callaway Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of LaGrange-Callaway Airport and the public investment therein. Accordingly, it is declared:
(a)
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by LaGrange-Callaway Airport; that it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and that the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power.
(b)
It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; and the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
(3)
If a conflict shall exist between the provisions of this article and any law of the state or any federal law, or any rules or regulations of either, legally adopted and in force, then the more stringent limitation or requirement shall govern and prevail.
(4)
It shall be the duty of the Community Development Director to administer and enforce the regulations prescribed in this ordinance. Applications for permits and variances shall be submitted to the Community Development Director on a form published for that purpose. Applications required by this ordinance to be submitted to the Community Development Director shall be promptly considered and granted or denied. Applications for action by the Board of Zoning Appeals and Planning Commission shall be transmitted forthwith by the Community Development Director.
(5)
In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the LaGrange-Callaway Airport. Such zones are shown on the LaGrange-Callaway Airport Zoning Map, consisting of one (1) sheet, prepared by the Board of Zoning Appeals and Planning Commission and dated January 1979, which is, by this reference, made a part of this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. The various zones are hereby established and defined as follows:
(a)
Runway larger than utility visual approach zone: The inner edge of this approach zone coincides with the width of the primary outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(b)
Runway larger than utility with a visibility minimum greater than three-fourths of a mile non-precision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(c)
Runway larger than utility with a visibility minimum as low as three-fourths of a mile non-precision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(d)
Precision instrument runway approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the runway's centerline.
(e)
Transitional zones: The transitional zones refer to the areas located beneath the transitional surfaces.
(f)
Horizontal zone: The horizontal zone is established by swinging arcs of 10,000 feet radius from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(g)
Heliport approach zone: The inner edge of this approach zone coincides with the width of the primary surface, which corresponds in size and shape with the designated takeoff and landing area. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.
(h)
Heliport transitional zones: These zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline.
(i)
Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(6)
Except as otherwise provided in this ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article to a height over the applicable height limitations which are hereby established for each of the zones in question as follows:
(a)
Runway larger than utility visual approach zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline (Runway 3-21).
(b)
Runway larger than utility with a visibility minimum greater than three (3)-fourths-mile non-precision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline (Runway 13-31).
(c)
Runway larger than utility with a visibility minimum as low as three (3)-fourths-mile non-precision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(d)
Precision instrument runway approach zone: Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline (Runway 13-31).
(e)
Transitional zones: Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 693 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
(f)
Horizontal zone: Established at 150 feet above the airport elevation or at a height of 843.35 feet above mean sea level.
(g)
Conical zone: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(h)
Heliport approach zone: Slopes eight (8) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline.
(7)
Use restrictions.
(a)
Generally. Notwithstanding any other provisions of this Code of Ordinances, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(b)
Prohibited uses. The following uses are prohibited in the first 1,700-foot segment of the approach zone beginning at the end of the primary surface for Runway 13-31 and the first 1,000-foot segment of the approach zone starting at the end of the primary surface for Runway 3-21:
(i)
Churches, schools, lodges, clubs, theaters, and other places of public assembly;
(ii)
Multiple-family dwellings over four (4) units per structure or in a group development;
(iii)
Hospitals and institutions;
(iv)
Storage of hazardous material; and
(v)
Any use where a concentration of people and the presence of hazardous materials are customary.
(8)
Nonconforming uses.
(a)
Regulations are not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of March 17, 1992, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to March 17, 1992, and is diligently prosecuted. Additionally, nothing contained herein shall prohibit construction of additions or additional floors to existing buildings, provided that any such buildings were in use on March 17, 1992, the additions were contemplated and designed at the time of the original construction, and that additional costs were incurred at the time of the original construction to allow for those future additions or additional floors.
(b)
Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing or extended nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Troup County Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport authority.
(9)
Permits.
(a)
Future uses. Except as explicitly provided in paragraphs (i), (ii), and (iii) of this subsection, no material change shall be made in the use of the land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created in this ordinance unless a permit therefor shall have been applied for and granted by the Community Development Director. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. Form 7460 must be filed with the Federal Aviation Administration if any structure or tree penetrates the 100 to one (1) notification slope as delineated upon the airport runway approach and profiles plan. No permit for a use inconsistent with the provisions of this ordinance shall be granted unless a variance has been approved in accordance with subsection (d) of this section, using the following criteria:
(i)
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree would extend above the height limits prescribed for such zones.
(ii)
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones.
(iii)
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree, in excess of any of the height limits by this article.
(b)
Existing uses. Except as provided in this subsection (8)(a), no permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation that it was on March 17, 1992, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c)
Nonconforming uses abandoned or destroyed. Whenever the Community Development Director determines that a nonconforming tree or structure has been abandoned or more than 80 percent of its original height has been torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(d)
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this ordinance, may apply to the Board of Zoning Appeals and Planning Commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for variance to the requirements of this ordinance may be considered by the Board of Zoning Appeals and Planning Commission unless a copy of the application has been furnished to the Troup County Airport Authority for advice as to the aeronautical effects of the variance. If the Troup County Airport Authority does not respond to the application within 60 days after receipt, the Board of Zoning Appeals and Planning Commission may act on its own to grant or deny said application.
(e)
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and Planning Commission, this condition may be modified to require the owner to permit the Troup County Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. No. 2025-03, 6-3-2025)
(1)
Purpose. The objective of this zone is to establish procedures and standards for implementing comprehensively planned projects with environmental, topographical, or other similarly site-constrained properties. The existing Zoning Map and underlying zoning regulations governing all properties within the Planned Unit Development special zoning district shall remain in full force and effect. The regulations contained within this section shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply. The specific purposes of the zone are:
(a)
To encourage the efficient use of land by: locating employment, educational and retail uses convenient to residential areas; reducing reliance on automobile use and encouraging pedestrian and other non-vehicular circulations systems; retaining and providing usable open space and passive and active recreation areas close to employment and residential population; and providing for the development of comprehensive non-vehicular circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreational areas, educational, commercial and employment areas, and public facilities;
(b)
To provide a superior natural environment by the preservation of trees, natural topographic geologic features, wetlands, watercourses, and open space, and;
(c)
To allow development only in a staged or phased fashion to ensure the adequate provision of public facilities and the concurrent implementation of community
(2)
Size, Location, and Development Requirements.
(a)
The PUD zoning classification and accompanying development plans may be approved upon findings that the application is proper for the comprehensive and systemic development of the County, is capable of accomplishing the purposes of this overlay zoning district, is an internally and externally compatible form of development and is consistent with any applicable planning and land use policies of the County. In order to enable the County to evaluate the conformance with the standards contained herein, specific sets of plans shall be submitted in accordance with subsection (7) herein. The County is authorized to approve said plan or plans if such plans are found sufficient to accomplish the above purposes in compliance with the standards and requirements of this overlay zoning district.
(b)
Minimum Area. No land shall be classified in the PUD zone unless it contains a minimum of 100 acres. Parcels or tracts less than the minimum acreage may be permitted if they are contiguous to an existing PUD zoned area and may be harmoniously integrated into the PUD area, consistent with the objectives and purposes of this zoning district.
(c)
Location. Such land shall be located adjacent to and readily accessible from existing or planned roadways, sufficient to carry the increased capacity of the development, and are in an approved construction program. It is intended that adequate access be available to such sites so that traffic does not have an adverse impact on the surrounding area or cause internal circulation or safety problems. To this end, it is required that any PUD constructed in Troup County have, at a minimum, two (2) entrances and exits, preferably located along collector or arterial road and street systems.
(3)
Signage. Signs shall be permitted in accordance with the regulations applicable to the underlying zoning districts and in accordance with the specifications and standards established in the final site plan, as approved by the Troup County Engineer and Community Development Director. In addition to the signage allowed by the underlying zoning districts, the following additional signage may be permitted:
(a)
Primary monuments for the overall development at each primary entrance to the development shall not exceed 64 square feet in surface area and 20 feet in height. These signs shall not be located in the right-of-way of any road, nor shall they obstruct the view of oncoming traffic from any direction.
(b)
Secondary monuments for specific phases of the development and for internal separation of uses within the development shall not exceed 24 square feet in area and four (4) feet in height.
(4)
Connectivity. Parcels shall not be zoned PUD unless configured to connect to adjacent roads and streets (grid pattern) and promote the overall connectivity of pedestrians and vehicles within the development.
(5)
Traditional Neighborhood Development Principles. Land developed in the PUD zone should be developed in a manner consistent with the principles of traditional neighborhood developments, which emulate the historic pattern of development in the County and will generally be more compatible with existing developed areas of the County. These principles are listed below:
(a)
Walkability: Most daily needs can be satisfied within a five (5) to 10-minute walk of home and work (quarter- to half-mile radius). Pedestrian-friendly road and street design includes buildings close to the road or street, front porches, continuous tree cover, on-street parking where appropriate, hidden parking lots, garages relegated to a rear lane or alley, and narrow, slow-speed vehicular trajectories.
(b)
Connectivity: An interconnected road or street grid network disperses traffic and increases walkability by allowing most roads and streets to be narrow. A high-quality pedestrian network and public realm make walking a comfortable, pleasant, and engaging experience.
(c)
Diverse Housing: A range of architectural types, sizes, and prices, preferably interspersed but minimally located in close proximity.
(d)
High-Quality Architecture and Urban Design: Emphasis on aesthetics, human comfort, and creating a sense of place and special placement of civic buildings and sites within the community. Architectural styles and exteriors shall vary and provide an aesthetically pleasing facade to the public road or street.
(e)
Increased Density: More buildings, residences, shops, and services closer together, to encourage walking and to enable a more efficient use of resources and time.
(f)
Smart Transportation: A transportation network connecting neighborhoods, business districts, cities, and towns together. Pedestrian-friendly design encourages a greater use of walking, bicycles, carts, and scooters as daily transportation.
(g)
Sustainable: Minimal environmental impact of development and its operations. It has less use of finite land and fuel resources and more local production.
(h)
Quality of Life: Taken together, all of the above contribute to an improved quality of life for community residents and for the human community as a whole.
(6)
Density and Intensity of Development.
(a)
Residential. The total number of dwelling units and the corresponding density, as well as the approximate location of such units, shall be established at the time of concept plan approval pursuant to subsection (15) provided that the approximate location of specific units may be modified after approval of the plan if such modification does not affect the total density of the development and does not affect the total number of units of a particular type by more than 15 percent. Any modifications that meet the density and type requirements may be approved by the Community Development Director upon receipt of a revised plat. Any modifications that exceed the density and type requirements shall be resubmitted to the Board of Zoning Appeals and Planning Commission for approval. The Community Development Director shall have 15 business days to review any modified plans.
(b)
Lot size. Supporting commercial facilities and use facilities may be authorized up to 100 percent lot coverage, provided a parking plan identifying parking alternatives in the immediate vicinity of the building, acceptable to the Board of Zoning Appeals and Planning Commission, is developed for the proposed building. Modifications may be made to the landscape plan if the modifications do not alter the intent of this ordinance and enhance the project as determined by the Community Development Director and approved by the Board of Zoning Appeals and Planning Commission.
(7)
Minimum Open space, landscaping, and amenity requirements.
(a)
The amount of open space, including designated parks, public and private open space, active and passive recreational areas, required for the residential portion of a mixed/multi-use development shall not be less than 25 percent of the net acreage shown for residential use. The minimum open space requirement, which shall include designated parks, private open space, active and passive recreational areas, for the commercial portion of a mixed/multi use development shall be 10 percent or less of the total net acreage devoted to commercial uses, except that comparable amenities and/or facilities may be provided in lieu of green area if the Board of Zoning Appeals and Planning Commission determines that such amenities or facilities are sufficient to accomplish the purposes of the zone, and would be more beneficial to the proposed development than strict adherence to the specific open space requirement.
(b)
All recreation areas, facilities, and amenities, and all open space and landscaped areas, shall be reflected on the application for PUD zone at the concept plan approval stage, approved by the Board of Zoning Appeals and Planning Commission. With respect to such areas, facilities, and amenities, the concept plan or accompanying documents shall reflect:
(i)
That such areas, facilities, or amenities shall not be constructed, converted, or used for any purposes other than reflected and designated on the approved preliminary plan unless said plan is amended by prior written consent of the Board of Zoning Appeals and Planning Commission.
(ii)
A staging or construction timetable specifying the construction of all recreational areas, facilities, and amenities. The staging or construction timetable may be related to the number of residential units under construction or completed, population levels, or other appropriate standards. Amendments to the timetable may be made after approval by the Board of Zoning Appeals and Planning Commission. The adherence to the performance of such timetable may, at the discretion of the Board of Commissioners, be secured by the withholding and suspension of all permits for any project lying within the designated PUD zone.
(iii)
Copies of proposed supporting covenants to be filed among the land records prior to the issuance of building permits, which shall enumerate the property owner's and all successors' obligations for perpetual maintenance of all common areas, green space, recreation areas, facilities and amenities, and all common landscaped areas.
(8)
Public Facilities and Utilities. Roads must conform to standards set and adopted by the County as defined in [appendix C] Article 14 of this UDO and as approved on the preliminary plan. In the event that proposed roads are to be narrower than County specifications or require other changes in order to meet the objectives of the PUD ordinance, the change in conformance to [appendix C] Article 14 may be approved by the County engineer during the preliminary plat approval stage. Each development must have on-site water and sewer capabilities. All developers are required to have sewer systems operated and maintained by a governmental body qualified to do so. All utilities shall be underground for PUD developments. Utility and road departments are urged to work with the developer to place utilities, sidewalks, and trees in a place that is functional for all and that allows for street trees.
(9)
Parking Requirements. In addition to any other requirements of this section, off-street parking shall be provided as follows:
(a)
Parking spaces shall be determined by the off-street parking regulations of this ordinance. The Board of Zoning Appeals and Planning Commission may reduce or increase the number of spaces required for any use allowed in the PUD zone when such reduction or increase will meet the purposes of the PUD zone.
(b)
Street Trees. Developers are encouraged to provide for street trees that, at some point in the future, may provide a canopy of trees lining the roads or streets and neighborhoods of the mixed/multi-use districts. All mixed-use developments are required to submit a landscape plan to be approved by the County arborist. In order to ensure that development options are as flexible as possible, the landscape plan may be amended as needed to properly serve the development. However, the approved preliminary plat and landscape plan shall be what is required to be built. The preliminary may be modified until construction drawings are submitted to the County engineer for approval.
(10)
Application and Processing Procedures. All planned unit developments are subject to Troup County Subdivision Regulations. A traffic impact study for the proposed site is required at the time of zoning of the property and concept plan approval. Procedures for governing the application for the PUD zone and approvals necessary to seek building permits shall be subject to the following multiple-step process:
(a)
Concept plan approval does not ensure future approval of the preliminary plan or an indication that the project will be approved in future phases of review.
(b)
An applicant shall file, together with the prescribed application fee, a concept plan and rezoning application. The concept plan shall include at a minimum the following:
(i)
The boundaries of the entire tract or parcel.
(ii)
The location size, capacity of roads located on all adjacent lands.
(iii)
Generalized location of existing and proposed external roads and adjacent land use and development.
(iv)
Generalized location and description of various internal proposed land use components, including information as to proposed densities and intensities, proposed size and heights of development.
(v)
Generalized location, description, and timing of proposed roads, proposed dedicated public lands, and perimeter setback or buffer areas.
(vi)
Proposed phasing or staging plan of development, public facilities, and information pertaining to the provision of public facilities as required by the County.
(vii)
Generalized areas of woodlands, streams, watercourses, and other areas intended for natural preservation.
(viii)
An illustrative plan providing for the physical layout of the entire development, including all roads, streets, lots, parcels, parks, and open spaces.
(11)
Proposals. During the concept plan approval phase, the Development Review Committee, the Planning Commission, and the developer will engage in meetings and planning sessions before submitting proposals for consideration by the Board of Zoning Appeals and the Planning Commission.
(12)
Concept Plan Findings. The Board of Zoning Appeals and Planning Commission may approve the accompanying concept plan upon finding that:
(a)
The application meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and
(b)
The application and concept plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas.
(13)
A preliminary development plan shall be filed for approval, rejection, or modification by the Board of Zoning Appeals and Planning Commission of all or portions of the area zoned PUD and reflected within the approved concept plan, together with the required filing fee. The preliminary development plan shall be scaled at one (1) inch equals 50 feet and shall contain, at a minimum, the following:
(a)
Boundary survey and identification plat or survey plat.
(b)
The use(s) of all buildings and structures within the preliminary development plan area, as well as existing uses of adjacent property external to the PUD zoned area.
(c)
The location, height, and approximate dimensions and conceptual architectural elevations of all buildings and structures, and the setbacks and densities and/or square footage thereof.
(d)
The location of points of access to the site and all public and private roads, pedestrian and bike paths, in accordance with the applicable thoroughfare design standards.
(e)
The location and setbacks of all parking areas.
(f)
Existing topography, including:
(i)
Contour intervals of not more than two (2) feet;
(ii)
100-year floodplains and floodways, including base flood elevations.
(iii)
Other natural features, such as rock outcroppings and scenic views;
(g)
Historic buildings, structures, or areas.
(h)
Drainage easements.
(i)
All landscaped areas, proposed conceptual screen planting, open spaces, recreation, and amenity areas.
(j)
Proposed phasing or staging plan of development and information relating to such plan's consistency with the provision of public facilities.
(k)
A proposed (draft) covenant or other form of agreement indicating how the area will be included in any homeowners association or other legal organization, and how any open space, community space, or amenities located within the area subject to review will be perpetually maintained.
(l)
Five (5) copies of the preliminary plan/plat are required for submittal to the review process, 24 inches by 36 inches or of a size acceptable to the Community Development Director. All plats and supporting information shall also be submitted in digital format as may be required by the Community Development Director.
(m)
Two (2) drawings that inventory all wetlands, all watercourses and impoundments, and floodplain limits;
(n)
Two (2) copies of the stormwater management plan;
(o)
A typical section view for a typical utility plan;
(p)
A transportation plan showing the interconnection to the residential and commercial areas and their relationship to all adjoining properties;
(q)
Required fees;
(r)
Project narrative to include description of the type of project and who it will serve, developer information, contractor information, engineer information, contact information, anticipated start dates, completion dates, phasing description (if applicable), impact statement describing projects effects on surrounding transportation including traffic counts and flows from proposed project and existing counts, a narrative description of how traffic will be managed and controlled (and calmed) as appropriate for the development (the traffic impact study may be substituted for this part of the narrative) description of greenspace and public/community space proposed for the project; and
(s)
Application must be signed by the owner, developer, and engineer or land surveyor (licensed in Georgia with stamp affixed).
(14)
Preliminary Plan Findings. The PUD preliminary plan submittal may be approved upon finding that:
(a)
The plan is substantially in accord with the approved concept plan; and
(b)
The plan meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and
(c)
The plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas; and
(d)
The existing or planned public facilities are adequate to serve the proposed development contained in the plan; and
(e)
The development staging or phasing program is adequate in relation to the provision of public facilities and private amenities to service the proposed development.
(15)
Final Site Plan Review. Following rezoning and approval of a preliminary development plan, approval of construction drawings to include two (2) copies of the erosion and sedimentation control plan and full utility plan; construction of roads and any other required documentation an applicant shall be submitted to Troup County Roads and Engineering Department for review and approval to the Board of Commissioners a final site plan for approval for dedication of the roads, which shall be in accord with the approved preliminary development plan and shall include the following:
(a)
All information required pursuant to the requirements of the preliminary plan;
(b)
Proposed covenants, suitable for filing in the deed records of Troup County, which shall indicate in specific language that the property is restricted in its use and/or development standards to the preliminary development plan and any accompanying or qualifying text material submitted with such plan, such plan shall be approved by the Troup County attorney at the time of final site plan review. Additional requirements for the covenants are as follows:
(i)
Building/structure setbacks and lot coverage;
(ii)
The location and type of accessory buildings and structures;
(iii)
Type and nature of accessory uses; and
(iv)
The appearance of buildings and structures, configuration of building elements, and type of building materials. Provided, however, no such rules, regulations, and standards shall exceed any maximum development standard or be less than any minimum development standard or permit any use otherwise prohibited in the PUD zone. All owners of property subject to the final site plan and their assigns shall be notified (by the developer) of such rules, regulations, and standards at the time of taking title to property located within the final site plan area.
(16)
The Board of Commissioners shall approve a final site plan upon consideration, determination, and the powers set forth in this article. The Board of Commissioners shall, as a condition of approval, require the posting of all necessary bonds or other security instruments and the recording of covenants.
(17)
No person, firm, or corporation may violate any requirement of this article, including but not limited to deviation from the requirements of the final site plan, and any such violation shall be enforceable by the County and subject to such enforcement and penalties provided by the Zoning Ordinance.
(18)
The homeowner's association or developer shall commission an architect as a method of ensuring compliance with the architectural code. Said architect shall be retained by the developer and/or homeowner's association until such time as the last lot in the PUD zone at issue is developed.
(Ord. No. 2025-03, 6-3-2025)
(1)
The purpose of this article is to recognize, help protect, and plan for Troup County's historic areas. The County finds that its historic areas and their scenic surroundings are important cultural, recreational, and economic assets, critical to the public's long-term interest. Zoning standards and regulations should protect these areas while advancing community development goals and furthering and protecting the public's health, safety, and welfare. New construction in these areas should complement rather than interrupt, obscure, or otherwise damage or destroy the historic character of the area.
(2)
Description of District. Historic Areas shall be those areas listed and described herein and further delineated on the Official Zoning Map, which is incorporated and made a part of this ordinance.
(3)
Applicability. Historic areas shall function as overlay districts. They may include, be contiguous with, or later become, local historic districts (adopted in accordance with the Georgia Historic Preservation Act of 1980), designated National Register properties or districts, or portions thereof. The regulations of such underlying districts and of the underlying zoning districts shall be maintained and not affected, except in the event of conflict or discrepancy between the historic area and the underlying district or districts. In that case, the more stringent requirements shall be observed, unless noted otherwise in this article.
(4)
Local Government Policy Directives. Because Troup County finds that its historic areas are of special interest, deemed desirable and necessary to conserve for present and future owners, the County shall:
(a)
Incorporate into the Troup County Comprehensive Plan updates and short-term work plans, specific goals for the historic areas relative to land use, housing, community facilities, economic development, and natural and historic resources;
(b)
As part of such planning, have special regard for and give special attention to the design, construction and maintenance needs of public thoroughfares, pedestrian ways, open spaces, landscape elements (including trees), recreation areas and comparable amenities of the area, and prepare plans, designs, sketches and/or models proposing public improvement of these facilities and areas;
(c)
Prepare special and detailed recommendations with respect to improved housing, education, employment, health, protection, and other human resource requirements of the historic areas;
(d)
Ensure appropriate communication among interested public agencies, and provide for the active participation by residents of the historic areas in the preparation of plan elements and program elements noted above;
(e)
Designate a responsible local government official to coordinate these activities;
(f)
Recommend to the Board of Commissioners, by a certain date, ways and means by which the County should improve its maintenance and operating programs within the designated historic areas, if applicable; and
(g)
Monitor and mitigate, when and as possible, adverse impacts of other County programs upon designated historic areas.
(5)
Visual Compatibility Standards.
(a)
Buffer Zones. Any land lot proposed to be subdivided or otherwise developed that is contiguous to a designated historic area shall include a vegetative buffer between the lot to be developed and the adjacent historic area. The buffer shall be provided by the owner of the property proposed to be developed.
(b)
If the lot proposed to be developed is located within the historic area itself, then the buffer shall be between the lot to be developed and other adjacent lots in the historic area.
(c)
If the proposed development and adjacent historic area fall within different zoning districts, then the buffer shall be as specified in [appendix C section] 9.8 of this UDO.
(d)
If the two (2) lots are both within the same zoning district, then the minimum buffer area of 50 feet shall apply. The Board of Commissioners may waive this requirement, however, if it is found that:
(i)
The proposed new construction will be visually compatible with the Historic Area,
(ii)
The historic area already has sufficient buffer area to protect it from visual intrusions, and/or
(iii)
This buffer would adversely affect the character of the historic area by isolating it from its larger compatible surroundings, for example.
(e)
Other Visual Compatibility Standards. In addition to any other provisions of this article, Zoning Ordinance or other applicable law, anyone who lives in, or owns property within, an existing or proposed historic area may request additional visual compatibility standards for that historic area, relating to new construction within that historic area, landscaping, sign placement, demolition protocols, or other. Any such proposal must originate from a person living in or owning property in the affected historic area.
Such requests shall be submitted to the Troup County Historic Preservation Commission on forms available at the Troup County Community Development Department. The historic preservation commission will review each request and forward the request (with comments) to the Board of Zoning Appeals and Planning Commission. The Board of Zoning Appeals and Planning Commission will then review the request, schedule a public hearing before the Board of Commissioners, and provide a recommendation at that hearing, prior to decision by the Board of Commissioners.
(6)
Administration of this section.
(a)
Provisions of the Overlay District shall be administered by the Community Development Director.
(b)
Proposals to designate historic rural areas may be submitted by the Troup County Historic Preservation Commission, Board of Zoning Appeals and Planning Commission, Board of Commissioners, Troup County residents, or owners of property in Troup County.
(c)
Proposals to establish special visual compatibility standards for proposed or designated historic areas may be submitted only by persons living in or owning property within those historic areas, other provisions of the Troup County Code notwithstanding.
(d)
All proposals to designate historic rural areas and/or establish visual compatibility standards for those areas must be submitted to the Troup County Historic Preservation Commission on forms available at the Troup County Planning and Zoning office.
(e)
Proposals to designate historic rural areas and/or establish visual compatibility standards shall be reviewed by the Troup County Historic Preservation Commission, Board of Zoning Appeals, and Planning Commission and approved or disapproved by the Board of Commissioners after a public hearing per the requirements of Section 12.4. Notice of the public hearing on the proposed designation of the historic area shall be mailed to all owners of property within the proposed area, as well as to the owners of property adjacent to the proposed area. The originator of the proposal to designate historic rural areas shall be responsible for providing a list of all property owners to be notified.
(f)
The Board of Commissioners, after consultation with the Troup County Historic Preservation Commission and Board of Zoning Appeals and Planning Commission, may revoke the designation of any historic area that subsequently loses its historic character or visual integrity.
(g)
Decisions by the Board of Commissioners may be appealed in the manner described in this Zoning Ordinance.
(Ord. No. 2025-03, 6-3-2025)
(a)
Commercial recreational vehicle parks (CRV Parks). The CRV Park zoning district shall encompass CRV Parks, campgrounds, and rental cabins. CRV Parks have been established for the convenience of tourists and transient visitors to Troup County. CRV Parks are not intended to provide permanent housing for citizens of the County. Therefore, no recreational vehicle shall be utilized as a residence for occupancy on a permanent basis. Campsites may be a part of a commercial recreational vehicle park, or a campground may be developed separately from a CRV Park. The camp sites and campground as a whole shall adhere to the same standards as those for a CRV Park.
(b)
See section 7.6 for supplemental regulations for vehicle uses.
(Ord. No. 2025-03, 6-3-2025)