Any lot of record which is legal prior to the date of adoption of this ordinance may be used subject to the following:

5.1-1. Use of Substandard Lots. Provided the owner has the approval in writing of Troup County Building Inspection, Zoning and Planning Department, the owner of a lot at the time of the adoption or amendment of this ordinance may use such lot as a building site for a structure or use permitted in the zone where it is located even though such lot is of insufficient area, shape or size to enable him to conform to the dimensional requirements of this ordinance.

5.1-2. Residential Use of Substandard Lots. In addition to section 5.1-1, any lot of record in any residential district existing at the time of adoption or amendment of this ordinance that has a width or area less than that required by this ordinance may be used as a building site for permitted use in residential districts. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling the board of zoning appeals/planning commission is empowered to hear the request for a side yard variance provided there is at least a ten-foot side yard. If a minimum ten-foot side yard is not possible then a variance from minimum width requirement for single-family dwelling may also be requested.

5.1-3. Lot frontage and Width. Each lot containing a principal building shall have frontage of at least 100 feet on a publicly owned or maintained right-of-way except where otherwise specified. In special cases, such as a lot on a cul-de-sac, provided the lot width at the minimum building line is maintained, lot frontage may be reduced to not less than 45 feet.

5.2-1. Lot Area. Except when a portion of a lot is acquired for a public purpose or family homestead as provided in section 5.16, no lot shall be reduced in size in violation of the lot width, size of yards or lot area per requirements of this ordinance.

5.2-2. Yards and Open Space.

1.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

2.

Every part of a required yard shall be open to the sky so that projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may not extend into a required yard.

3.

Other provisions of this ordinance notwithstanding, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this ordinance.

4.

Where a lot or parcel abuts U.S. Army Corps of Engineers property yard requirements do not apply on that portion of the parcel.

5.2-3 Front Yards.

(a)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts (the right-of-way line), the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(b)

On through lots, the required front yard shall be provided on each street.

(c)

Corner lots shall meet the minimum front yard requirements on the side adjacent to both streets and the remaining yards shall be considered side yard requirements.

(d)

Open, unenclosed porches, platforms or paved terraces, which are not covered by a roof or canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area six feet or less.

(e)

Within the same block and zoning district, when 25 percent or more of the existing buildings that are located within 200 feet on each side of a lot have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

5.2-4. Rear Yards. Where a structure is erected abutting U.S. Army Corps of Engineer's property the rear yard may be considered that part of the parcel that faces the public street and the front yard may be considered that part of the parcel that faces the U.S. Army Corps of Engineer's property.

5.2-5 Side Yards.

5.2-5(a) For the purposes of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

5.2-5(b) The minimum width of side yards for schools, libraries, churches and other public or semi-public buildings in residential districts shall be 25 feet. Where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

5.2-6 Fences and Walls. No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight feet in height in rear and side yard and no more than six feet in the front yard. No fence shall have more than one sign every 20 linear feet of a size not to exceed four square feet. Fences may have one decoration or group of decorations besides allowed signs for every 20 linear feet that shall not exceed nine square feet.

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three-feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at 25-feet distant from the intersection of the street lines.

Placement of all accessory structures in excess of 120 square feet on a parcel shall require a building permit.

5.4-1 No mobile home or manufactured home unit may be converted to use as an accessory or storage building.

5.4-2 An accessory structure shall not be permitted in any required front yard except for well houses.

5.4-3 No accessory building or structure shall be erected beyond a required front building setback line along any street.

5.4-4 Residential accessory uses such as guest houses, garages, greenhouses or workshops shall not be rented, used or occupied for commercial purposes.

5.4-5 All accessory buildings must be located at least ten feet from the property line and principal building.

5.4-6 Areas in which the accessory storage of a boat, boat trailer or travel trailer is permitted shall not include the required front yard.

5.4-7 Gasoline station pumps and pump islands where permitted may occupy the required yards, provided that they shall not be less than 15 feet from street lines; canopies, whether attached or detached from the principal building must be at least 14 feet in height and the outermost edge shall be at least five feet from any property line.

5.4-8 All non-residential accessory buildings shall only be used by the owners, employees, lessee or tenants of the premises, and shall meet the setback requirements of the principal building.

5.4-9 Any accessory structure exceeding 120 square feet shall require approval from the Building Official and Zoning Administrator.

5.4-10 Accessory structures, such as a barn, intended for housing livestock whether commercially or for personal use; or a kennel for commercially housing pets, shall observe a 200-foot setback from any property line.

5.4-11 Tractor trailers or shipping containers may be used as storage units only if located on a parcel two acres or greater, not visible from any public street. Old school buses may not be used as storage units.

5.4-12 Guest house(s) shall:

a.

Be located a minimum of 20 feet from the principal residence;

b.

Be used by a bona fide non-paying guest or relative of the occupants of the premises;

c.

Not be rented or otherwise occupied as a principal residence;

d.

Be occupied for temporary guest purposes only; and

e.

Require a building permit and meet all residential building codes.

There is no minimum square footage requirement for a guest house.

(Ord. No. 2010-11, § IB., 6-1-2010; Ord. No. 2013-06, § II, 1-15-2013; Ord. No. 2015-04, §§ II, III, 6-16-2015)

Home occupations may be permitted in residentially zoned districts according to standards for the zoning district of the business activity's proposed location. Each residentially zoned district shall have home occupations permitted as listed in the following subsections. Any home occupation not listed in the following subsections must be approved by the Troup County Board of Commissioners after an application for home occupation is received and the fees paid as posted in the Troup County Building and Inspections Department. The application shall be presented to the board of zoning appeals/planning commission for recommendation to the board of commissioners for final approval.

(a)

Home occupations may not be approved on lots or parcels that do not have a home existing on the lot or parcel at the time of application for a home occupation. Home occupations do not run with the land and are dependent on the applicant. When a home occupation is discontinued for more than six months, and an approved homeowner with an approved home occupation does not renew the required business license or the property changes owners a new application and approval is required to continue any home occupation.

(b)

A change in residence requires an approved home occupation application for each new location.

(c)

Home Occupation certificates will be evaluated at each business license renewal to ensure conditions such as number of employees, acreage, square feet, equipment or inventory storage have not changed.

(d)

Home Occupations involving sales must provide a current Georgia Sales Tax certificate prior to business license being issued.

(e)

Home Occupations conducted in residential units in non-residential zoning districts shall comply with the regulations applicable to that district.

(f)

Home occupations that require storage of equipment, where permitted shall be in an enclosed structure not visible from the public or private street.

(g)

No home occupation certificate shall be issued in a CRVP.

(h)

Upon finding extenuating circumstance regarding a home occupation certificate application, the zoning administrator may require board of commission consideration. In such cases the application date shall be considered the date of the zoning administrator's review as so dated on the application.

5.5-1 Residential Home Occupations. The conduct of business in single-family medium density (SFMD), lakeside residential (LR), mobile home parks (MHP), multi-family (MFR), and unrestricted subdivision (USD) zoned districts. Other districts include: Agricultural/Residential District (AGR), Rural Residential (RR) or Lakeside Rural Residential (LRR), and Agricultural (AG). When subject parcels are under two acres the provisions of this section shall apply regardless of zoning district. It is the intent of this section to ensure the following:

1.

The compatibility of home occupations with other uses permitted in residential zoning districts;

2.

The maintenance and preservation of the character of residential neighborhoods and the preservation of peace, quiet and domestic tranquility within all residential neighborhoods.

Residential home occupations, where permitted, must meet the following special requirements:

5.5-2 A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than 25 percent of the total square feet as recorded on the property record card of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

5.5-3 No more than two home occupations shall be permitted within a single dwelling unit.

5.5-4 Onsite employment for the residential home occupation/business is limited to residents of the household.

5.5-5 A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perceptions outside the principal structure.

5.5-6 No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood. No more than one parcel delivery per day shall be permitted.

5.5-7 There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

5.5-8 One home occupation related vehicle shall be permitted provided overnight parking of any commercially-equipped vehicle is within an enclosed area. A home occupation related vehicle is a passenger motor vehicle or light duty truck less than 10,000 pounds gross vehicle weight as registered by the Georgia Department of Motor Vehicles. No home occupation related vehicle shall include any of the following: contractor's equipment or other heavy equipment regardless of weight, a garbage truck, trailer, tractor or trailer of a tractor-trailer truck, dump truck, tow truck, passenger bus, cement truck, and step vans or any vehicle used to carry hazardous materials.

5.5-9 A residential home occupation shall be carried on wholly within the principal dwelling. No residential home occupation shall store goods, materials, or products connected with a home occupation in accessory buildings or garage that are attached or detached.

5.5-10 Permitted residential home occupations:

• Design services;

• Art studio (where no more than one model at a time);

• Consulting services;

• Off-site sales (pharmaceutical, etc.);

• Direct sale product distribution (Amway, Avon, Mary Kay, Tupperware etc.) provided there is no production on premises;

• Drafting and graphic services;

• Dressmaking, sewing, tailoring, contract sewing (one machine);

• Engineering office;

• Home office only for occupations otherwise not permitted in the district, and for services including, but not limited to the following:

 Bookkeeping;

 Accounting;

 Medical billing;

 Process rebates;

 Collections, telemarketing.

• Realtor or real estate appraiser office as allowed by the State of Georgia;

• Writing, editing, resume services, computer programming;

• Photography studio (no more than one client at a time for on-site models);

• Tutoring;

• Any occupation conducted solely via telecommunications technology;

• Cottage food operator as defined and licensed by the Georgia Department of Agriculture (for clarification, a cottage food operation does not include any farm business/operation that is not subject to local government regulation by federal or state law);

• Any other similar occupations not listed here that may be approved by the zoning administrator upon the finding of no adverse impacts to the surrounding neighborhood.

5.5-11 Prohibited residential home occupations include, but are not limited to:

• Ambulance service;

• Restaurants, food preparation for catering or distribution;

• Veterinary services (including care, grooming and boarding);

• Automobile repair, parts sales, upholstery, or detailing, washing services.

(Ord. No. 2010-11, § IC., 6-1-2010; Ord. No. 2010-12, § IA., 6-16-2010; Ord. No. 2013-08, § II, 5-21-2013; Ord. No. 2017-03, § I, 7-5-2016)

Rural home occupations in the Agricultural/Residential District (AGR), Rural Residential (RR) or Lakeside Rural Residential (LRR), and in Agricultural (AG) when subject parcel is under two acres shall be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in lower density residential districts; maintain and preserve the rural character of the area and not create a nuisance for residents in the area through excessive traffic, smoke, or noise or through the creation of a fire hazard. Any rural home occupation applied for but not specifically stated in section 5.6-9 shall be required to obtain approval from the Troup County Board of Commissioners with a recommendation from the Troup County Board of Zoning Appeals/Planning Board unless otherwise provided in this ordinance.

5.6-1 The subject parcel minimum lot size is two acres. Acreages of multiple parcels may not be calculated together to achieve minimum. For lots less than two acres, home occupations must comply with the requirements of section 5.5.

5.6-2 The rural home occupation shall be clearly subordinate to the principal use of the parcel and shall not change the residential character of the area. No more than 25 percent of the heated square feet of record on the property record card in the property appraisal office of the principal dwelling shall be used in connection with the home occupation or storage purposes.

5.6-3 The rural home occupation shall be conducted within a dwelling or within an accessory building provided all structures are harmonious in appearance with the district in which it is located.

5.6-4 One accessory building not exceeding 1,000 square feet may be used in connection with the rural home occupation.

5.6-5 The business of selling stocks of merchandise, supplies or products shall not be conducted on premises except under the following circumstances:

a.

Orders previously made by telephone or at sales parties may be filled on premises; and Internet sales, off-site trade-show sales, mail order, etc.

b.

Incidental retail sales as may be necessary or in connection with the permitted home occupation that can be stored inside the residence or accessory building.

5.6-6 The existence of the rural home occupation shall not be apparent outside the dwelling or accessory building where the rural home occupation is conducted, except that one un-lighted sign limited to nine square feet of sign area shall be permitted. The sign added to all other signs on the parcel shall not exceed the maximum signage allowed in the district. No sign shall obstruct the view of roadway traffic. All signs must be at least 20 feet from any property line and ten feet from any right of way line.

5.6-7 No out of doors storage of materials, products, equipment or vehicles used in the conduct of the rural home occupation, other than trade vehicles, is permitted unless an accessory building is used to house the equipment, materials or vehicles. A rural home occupation related vehicle is a passenger motor vehicle or light duty truck less than 10,000 pounds gross vehicle weight as registered by the Georgia Department of Motor Vehicles. Rural home occupation related vehicle include any of the following: contractor's equipment or other heavy equipment regardless of weight, a garbage truck, trailer, tractor or trailer of a tractor-trailer truck, dump truck, tow truck, passenger bus, cement truck, and step vans.

5.6-8 Onsite employment (including contract employment) for the rural home occupation/business is limited to residents of the property and not more than two additional persons.

5.6-9 Permitted rural home occupations are as follows:

• All occupations permitted in section 5.5-10;

• Appliance repairs (as long as an accessory building is capable of storage of all equipment and appliances);

• Barber shops/beauty shops (limited to two stations) provided there is sufficient room on the lot for parking of client vehicles (one space for each station, plus one handicapped space) and operator has a Georgia State License to cut and style hair whether a barber or beautician;

• Cabinet making;

• Ceramics;

• Contracting, masonry, plumbing or painting, electrical, general;

• Upholstery;

• Photography studio;

• Pet grooming/boarding/kennel and operator has a Georgia State License from the Georgia Department of Agriculture;

• Any other business as may be approved by the zoning administrator upon finding that the proposed rural home occupation does not pose adverse impacts to the surrounding neighborhood.

(Ord. No. 2010-11, § ID., 6-1-2010; Ord. No. 2010-12, § IB., C., 6-16-2010)

The purpose of these standards is to allow agritourism uses in Troup County while maintaining the rural character and preserving farmland of the area and protecting the health, safety and welfare of the citizens. Agritourism presents a unique opportunity to combine aspects of tourism and agriculture to provide a number of financial, educational and social benefits to tourists, producers and communities. Agritourism gives producers an opportunity to generate additional income and an avenue for direct marketing to consumers. It enhances the tourism industry by increasing the volume of visitors to an area and the length of their stay. Agritourism also provides communities with the potential to increase their local tax bases and new employment opportunities. In addition, agritourism provides educational opportunities to the public, helps preserve agricultural lands and allows the development of businesses that cannot later be outsourced to other countries.

Allowing agritourism uses on parcels with working farms in Troup County provides:

a.

Enhancement of the economic viability of the farm and provides on-site employment opportunities;

b.

Generates additional income and/or off season income for the farmer;

c.

Interaction and education of local citizens and visitors about the importance of farming in Troup County;

d.

Increased awareness of local agricultural products; and

e.

Develops a new consumer market.

5.7-1. Definitions. For the purposes of this ordinance, certain terms and words are hereby defined. Words used in the present tense include the future, the singular number includes the plural and the plural the singular, the word may is permissive and the word shall is mandatory. Words and phrases not defined in this section, but defined in other sections of the ordinance, shall be given the meaning set forth in that section. All other words and phrases shall be given the meaning as defined in Section 1-4, Chapter 1, the Code of Troup County, Georgia.

Agritourism is defined as the activities conducted on a working farm and offered to the public or to invited groups for the purpose of recreation, education and/or active involvement in the farm operation. These activities link agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating the visitors and generating supplemental income for the farm or ranch owner. Agritourism activities are linked directly to the primary agricultural use of the property and any recreation, education or active involvement in the farm operation is secondary and shall constitute only a percentage of the total working farm.

Agribusiness. The businesses collectively associated with the production, processing, and distribution of agricultural products.

Christmas Tree Farm/cut your own. A working farm that grows various types of trees used in celebrating Christmas where sales are made directly to the public and where the customers cut their own trees.

Dinner on the Farm. A working farm (usually organic farm products) where meals are prepared for members of the general public from products of the working farm.

Educational Demonstrations. Demonstrations that teach the ability to create a product where raw materials are grown from a working farm.

Facility—Small Scale. Agritourism facility or use that poses minimal or small impact to surrounding farms and/or residential properties.

Facility—Large Scale. Agritourism facility or use that may pose an adverse impact to surrounding farms and/or residential properties through noise, light, traffic congestion.

Farmer's Market. A farmers market (a.k.a. greenmarket) is a place where a group (more than five) of farmers sells their products directly to consumers. Ultra-fresh produce, pastured meat and eggs, artisan cheeses, hand-harvested honey, and other fresh, small-batch foodstuffs are the hallmark (and benchmark) of the best farmers markets. They serve not just as a place for farmers to get the best price and consumers to get the best products, but as venues for producers and consumers of food to come together, forge relationships, and exchange information. Farmers markets are subject to all state health regulations and any other requirements from the state regarding the sale of food and produce.

Farm Retail Sales. A working farm where products produced on the farm are sold directly to the public.

Farm Tours. Tours where members of the public are shown working farm operations and teaches the attendees about farm processes.

Farm, working. Any operation that sells at least one thousand dollars of agricultural commodities or that would have sold that amount of produce under normal circumstances. Working farms are also defined as those that have a valid farm number issued by the Farm Service Agency.

Roadside Markets. A structure where five or less farmers on working farms get together and sell produce or other farm products directly to the general public. Roadside markets are different than roadside stands in that roadside markets are a group of farmers rather than just the owner of the property where the structure is located.

Roadside Stands. A structure built on a working farm where the owner sells fresh produce or other farm products directly to the general public. Roadside stands differ from farm markets in that farm markets may utilize products from another farm to sell at the roadside structure.

Rural Character refers to the patterns of land use and development established by a county in its comprehensive plan:

In which open space, the natural landscape, and vegetation predominate over the built environment;

That fosters traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

That provides visual landscapes that are traditionally found in rural areas and communities;

That is compatible with the use of the land by wildlife and for fish and wildlife habitat;

That reduces the inappropriate conversion of undeveloped land into sprawling residential or commercial development;

That generally do not require the extension of urban governmental services; and

That is consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.

Rural Tourism. Tourism enterprises that do not necessarily occur on a farm or ranch or at an agricultural plant and rural tourism does not generate supplemental income for an agricultural enterprise but provides an additional income for the property owner.

Special Events, Private. A use or facility where events may have an impact to surrounding farms and residential property owners but has a definite number of attendees and does not pose an adverse impact to rural character. Private special events usually are of short duration (part of one day).

Special Events, Public. A use or facility where events may have attendance that could cause excessive traffic or overburden public safety personnel. Special events that are open to the public may pose an adverse impact to rural character and therefore must adhere to the Special Events Ordinance of Troup County. These types of uses or facilities while not used every day will be open for longer periods of time than private special events. Examples include concerts, conferences, meetings, fund raisers, etc.

Special Use Permit. A permit that allows a large scale use or facility to operate in unincorporated Troup County. This permit is issued by the Building, Zoning and Planning Department once approved by the Board of Commissioners.

Troup County Board of Zoning Appeals/Planning Board. Appointed members that make certain decisions as prescribed in the Troup County Zoning Ordinance.

Troup County Board of Commissioners. The governing authority of Troup County, Georgia.

U-Pick Operations. A working farm where the general public is invited to come and pick its own fresh fruits or vegetables.

Urban Services. Public water and/or public sewer. Other services may be defined as services that are normal and usual in a municipality or urban center. These services could include but are not limited to cable, high-speed internet, cellphone service, major highways, proximity to shopping, mass transit and schools.

Winery. A working farm where grapes are grown and wine is produced for commercial sales in other venues.

5.7-2 Procedures. Agritourism uses and facilities are separated into three categories. Those categories are: 1) minimum 2) small scale; 3) large scale. Minimum and small scale agritourism uses and facilities may be approved administratively by the County Planner and/or Zoning Administrator and County Engineer upon finding that the facility or use meets the following conditions and any other standards in this section and other sections as may be referenced in this section. Large scale agritourism uses and facilities are approved by the Troup County Board of Commissioners. All agritourism uses or facilities shall be in compliance with all state regulations as required for a particular use. Tax certificates shall be applied for, when necessary, prior to submission of a business license.

5.7-3 Business License. All agritourism operations are required to have a business license. The application for a business license is filled out and submitted to the Building Inspection and Zoning Department with the required fee as posted in the Building and Zoning Department. Business license applications will be reviewed by the County Planner, Zoning Administrator and County Engineer (if necessary) to determine whether the proposed use or facility is minimal, small or large scale activity.

5.7-4 Exemptions to Business License Requirement. The requirement for a business license is for agritourism enterprises. Normal and usual farming activities are not required to obtain a business license. These activities include but are not limited to:

a.

Selling produce grown on same farm (roadside stand, farmer's market, etc.);

b.

Cattle farming;

c.

Hay sold from farm where hay was grown; and

d.

Raising livestock associated with farming.

5.7-5 Conservation Use. Any property that wishes to start an agritourism business and has property in Conservation Use should check with the Troup County Property Appraisal Office prior to obtaining a business license. The Property Appraisal Office can let a property owner know if the proposed business will cause a violation of the conservation use covenant. If the Property Appraisal Office is unable to determine if the proposed use is a violation, then the property owner should get a determination from the Troup County Board of Assessors.

5.7-6 Standards for Administrative Approval of Agritourism Uses or Facilities.

1.

The facility or use is approved subject to maintaining a working farm as defined in Section II of this document.

2.

The use is compatible with existing agricultural uses in the area and does not adversely impact neighboring agricultural operations or unduly disrupt the rural character of the area.

3.

The use or facility does not require the extension of urban services (sewer and/or water service).

4.

No motorized off road vehicles shall be used for recreational purposes, but may be used as a part of normal farming functions.

5.7-7 Requirements for Agritourism Uses or Facilities. All agritourism uses or facilities are required to submit the following with the application of a business license:

1.

Site Plan Requirements. All site plans are required to be drawn to scale. An aerial photograph with requirements drawn in may be used if that is the best way for applicant to show the requirements of the site plan. The following are required to be included on the site plan:

North Arrow;

Placement on property for all structures, including existing structures and residential dwellings;

Placement on parcel of all parking spaces to adequately serve the agritourism use or facility;

Placement and type of planting for any and all landscaping planned for the site;

Distance from property line to all structures and parking areas including handicapped accessible parking space or spaces;

Show the nearest county or state highway; and

Show setbacks from any proposed structures and the property line of the parcel where the proposed use or facility will be located.

2.

Floor Plan. The floor plan should show all rooms in the facility, to scale. The floor plan shall include:

The size of each room;

Location of handicapped accessible rest rooms;

Location of handicapped access to building;

Layout of all rooms in the facility; and

Location of any kitchen facilities in the structure.

3.

Narrative Requirements. This required narrative should answer the following questions in detail:

What is the proposed use for the property?

How is the property zoned now?

What is the zoning of adjacent property owners?

What is the nearest county or state highway?

Explain in detail why you want to have this agritourism use or facility and how does it promote education of the public on farming or increase economic development in Troup County?

How many acres of land do you propose to use in this agritourism use or facility?

How will this use of facility protect and preserve rural character of Troup County?

Do you need a tax certificate to engage in this business?

What steps do you plan to take to ensure that you do not adversely impact neighboring farms or residents?

If this narrative is being written for a Rural Tourism use please answer the following in addition to the questions listed in Narrative Requirements:

How is this use or facility going to promote farming and/or tourism?

What is the economic value to the community of this use or facility?

How does this use or facility fit in a rural setting?

5.7-8. Minimum Impact Agritourism Uses or Facilities. These are uses or facilities that pose minimal impact to surrounding properties and farms. They may be administratively approved with the approval of the County Planner and Zoning Administrator that the proposed use of facility meets the intent of this ordinance and poses no threat to health, safety or general welfare of the general public. Uses or Facilities that may be approved administratively under this definition include but are not limited to:

Pick your own;

On-Farm sales;

Roadside Stand;

Agricultural crafts/gifts sales from primary residence only;

Fee Fishing/Hunting;

Wildlife viewing and photography;

Horseback riding for a fee;

Wagon Rides;

School Tours;

Garden/Nursery Tours;

Farm Technical Demonstrations and sales (canning, weaving, soap-making, etc.)

Hunting/working dogs trials/training.

Other uses of facilities may be approved administratively by the County Planner and Zoning Administrator that meet the intent of this section and where it is determined that there will be minimal impact to surrounding properties and farms.

5.7-9. Small Scale Use or Facilities are uses or facilities that do not adversely impact surrounding farm uses but may involve an accessory building for storage or demonstration purposes. The application will be reviewed by the Troup County Planner, the Zoning Administrator and the Troup County Engineer based on the required site plan, floor plan of any proposed new or existing structures and a detailed narrative describing all activities planned for the parcel and any structures that will be built. The application for a business license may be approved administratively if the proposed use meets the following:

a.

The proposed use or facility meets all setbacks and buffering requirements; and

b.

The proposed use or facility is approved by the County Planner, Zoning Administrator and County Engineer as meeting all requirements as set forth in the zoning ordinance for that parcel and will not significantly increase traffic in the surrounding area.

Other proposed uses or facilities that are defined as small scale but are outside the scope of a and b above or require a variance of any kind will be required to get approval from the Board of Zoning Appeals/Planning Commission prior to issuance of a business license.

5.7-10. Permitted Small Scale Facilities or Uses. Small scale uses are allowed in any zoning district as long as the parcel meets the criteria of a working farm. Permitted small scale facilities or uses include but are not limited to:

Bed and Breakfast Home (must meet the requirements in the zoning ordinance for bed and breakfast home);

Clay Bird Shoot;

School Tours;

Garden and Nursery Tours;

Historical Farm Museum or exhibit;

Roadside Market.

Other similar facilities or uses may be considered for approval as determined by the zoning administrator.

5.7-11. Large Scale Facilities or Uses. These are facilities or uses that may impact the surrounding farms or property owners. These uses must be approved by the Board of Commissioners. Large scale facilities or uses may increase traffic, require health department approval for bathrooms, ADA requirements and food service or require public safety presence for traffic control. Large Scale facilities or Uses include but are not limited to:

Farm vacations;

School Tours that are more than one day;

Winery Tastings or Tours;

Historical Exhibit;

Farm Technical Tours;

Rodeos/Horseshows.

Other similar facilities or uses may be considered as determined by the Board of Commissioners.

5.7-12. Rural Tourism. Rural tourism is considered to be any of the agritourism facilities or uses, but is not secondary to an agricultural use. Rural Tourism is most often considered a special events venue, but may include other uses as well. Rural tourism uses may be approved by the Board of Zoning Appeals/Planning Commission or Board of Commissioners depending on the standards for the use. These uses are allowed on rural properties that no longer function as a working farm but may have tourism or income value. Rural Tourism Facilities and Uses shall comply with all of the following standards:

1.

Must have a business license.

2.

Must submit all requirements of agritourism facilities or uses (site plan, floor plan, narrative).

3.

Any rural tourism use or facility that intends to stay open to the public (concerts, festivals, fairs, conferences, etc.) on a year round basis requires a special use permit as outlined in the Troup County Zoning Ordinance and must be approved by the Troup County Board of Commissioners.

4.

Any rural tourism use or facility that meets the requirements of a small or large scale agritourism facility or use but does not have a primary agricultural use may be approved by the Troup County Board of Commissioners provided:

a.

The facility or use conforms to a standard agricultural use (syrup making demonstrations, soap making, weaving demonstrations., historical exhibit, etc.); and

b.

The facility or use does not diminish the rural character of the surrounding area or adversely impact neighboring farms or properties.

5.

Any rural tourism venue that intends to be open for special occasions not open to the public such as family reunions, birthday parties, family reunions, etc. may be permitted as long as it meets the requirements of the Troup County Special Events Permit Ordinance.

6.

Rural tourism uses will be reviewed by the County Planner, Zoning Administrator and County Engineer to determine the impact of the rural tourism and direct the applicant to which path for approval the owner must follow.

7.

Under no circumstances will a rural tourism use be approved where the applicant is leasing the property from an absentee owner.

Rural tourism uses or facilities may be determined to be small or large scale. Small scale uses or facilities may be approved by the Board of Zoning Appeals/Planning Commission. Large scale uses or facilities must be approved by the Board of Commissioners after a review and recommendation from the County Planner and Zoning Administrator.

5.7-13. Variances. Variances may be applied for as necessary under the provisions for variances as stated in Article 16, Section 16.5, of 6/27/2011 [of] the Troup County Zoning Ordinance.

(Ord. No. 2012-02, § I, 8-16-2011)

Editor's note— Section I of Ord. No. 2012-02, adopted Aug. 16, 2011, repealed the former § 5.7, and enacted a new § 5.7 as set out herein. The former § 5.7 pertained to farm-based business and derived from Ord. No. 2010-12, §§ ID., E., adopted June 16, 2010.

This use is allowed as a special use in residential districts as provided for in this section.

5.8-1 Rooms for rent shall be located in single-family dwelling units.

5.8-2 The bed and breakfast must be occupied by the owner as his/her principle residence.

5.8-3 The same rental occupants shall not reside at the bed and breakfast for more than seven consecutive days.

5.8-4 Breakfast shall be the only meal served and only to registered overnight guests.

5.8-5 No person who is not a resident shall be employed at the bed and breakfast.

5.8-6 The exterior appearance of the dwelling unit shall not be altered from its residential character except for safety purposes.

5.8-7 The freestanding sign shall be no larger than 16 square feet and not internally lighted.

This use, when the requirements of this section are met, is allowed as a special use in residential districts (including Agriculture) and is a use of right in the NHC zoned district.

5.9-1 A bed and breakfast inn is a building or dwelling unit, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation provided:

a.

There is compliance with the same licensing, inspection and taxation requirements as hotels, motels and restaurants.

b.

If within a residential district, the dwelling or building shall maintain and conform to the residential character of the neighborhood.

c.

Breakfast is the only meal served and only to overnight guests.

d.

The owners may have employees other than owner and owner's family.

e.

One off-street parking space shall be provided for each employee.

f.

One off-street parking space shall be provided for each rental room.

g.

In residential zoned districts signage shall be limited to one sign no more than 16 square feet.

Family personal care homes and group personal care homes, as defined in article III, may be established in residential districts as a special use as listed in the table 7.3. The following requirements shall apply, in addition to the entire applicable zoning district requirements in which such uses are located:

1.

The facility must be approved by the appropriate state licensing agency for personal care homes.

2.

All new construction or exterior alterations of existing buildings shall be in harmony with the scale and design of surrounding buildings.

3.

A floor plan to scale, health department approval, and fire marshal's approval shall be submitted with application/permit request to the building/zoning/planning office. The floor plan shall show the basic layout including, but not limited to, bedrooms, kitchen, living area, and bathrooms.

4.

Smoke detectors shall be installed on each floor level and in all sleeping areas.

5.

There shall be two exits per floor level at least one of which per floor level must be handicapped accessible. All exit doors will be able to be opened from the inside. Deadbolt locks rather than key lock systems shall be used on all exit doors.

6.

Emergency lighting with battery backup shall be installed in all facilities.

7.

Fire extinguishers shall be included, type and size to be determined by the fire marshal.

8.

Exit lights shall be placed in appropriate areas and will be hard wired with battery backup.

9.

All personal care facilities will meet occupancy load requirements as per building official and fire marshal requirements.

10.

A personal care home of any type (family, group or congregate) in a residential zoning district shall be at least 1,000 feet from any other personal care home (of any type) in the same or any other zoning district.

11.

The managing caregiver of a family or group personal care home must be a full-time resident of the facility.

(Ord. No. 2018-13, § IV, 2-6-2018)

Racetracks are allowed as a use of right in the Heavy Commercial District. The standards for a racetrack are as follows:

a.

Racetracks shall be no less than 20 acres.

b.

All racetracks shall be at least 500 feet from the nearest residence.

c.

Racetrack owners will be responsible for mitigating any disturbance to the surrounding community including, but not limited to:

1.

Installing noise barriers.

2.

On race days, track owners shall provide for proper traffic control by having public safety personnel on site to assist with parking related issues.

3.

Installing perimeter buffers as required in article 9.

Churches are a special use and the decision of the board of commissioners will consider the following as to any regulation placed on churches as per the Religious Land Use and Institutionalized Person Act subject to the following:

1.

Whether the regulation imposes a substantial burden on the exercise of religion;

2.

Whether the regulation serves a compelling government interest; and

3.

Whether the regulation is the least restrictive means to serve that interest; or

4.

Whether the request can be granted without harming that interest.

No cemeteries, whether public, private or in conjunction with a religious or non-profit institution, shall be located in a floodplain area as delineated by FIRM maps for Troup County. Cemeteries shall be set back not less than 50 feet from any right-of-way line. Cemeteries shall comply with all applicable state laws. Minimum lot size one acre.

To prevent the creation of public nuisances and to ensure the health, safety and welfare of the citizens of Troup County the following regulations shall be established for the maintenance of property in the County:

5.14-1 Non-functioning appliances shall be stored in an enclosed accessory or principal building. Any non-functioning appliances such as refrigerators, freezers, stoves, etc., shall have doors removed prior to storage.

5.14-2 Any major auto repairs such as building motors, transmissions or heavy body work shall be done in an enclosed accessory building or on a section of property not visible from any public street.

5.14-3 Except as allowed by section 5.15(a) of this article, there shall be no storage of inoperable vehicles as defined in section 34-32 of this Code on private property except as follows:

a.

That any person lawfully engaged in the repair of a damaged or inoperable vehicle may temporarily store one such vehicle on private property without the necessity of screening for a period not to exceed 30 days;

b.

Two inoperable vehicles may be stored when fully screened from public street and surrounding properties; and/or

c.

Three or more inoperable vehicles may be stored in an enclosed accessory structure.

5.14-4 Yard sales at the same location shall last for no more than two consecutive days twice annually. There shall not be any continuous yard sales in Troup County. Storing of yard sale items shall be in an enclosed accessory or principal building and shall not be on display in any yard except during the hours of the yard sale.

5.14-5 No abandoned mobile or manufactured homes shall be used as a storage or accessory building. Abandoned mobile/manufactured homes shall be removed from property at owner's expense. Upon determination by the code enforcement officer that the said mobile/manufactured home is abandoned and is a health and/or safety hazard to surrounding property owners, the owner shall be notified to remove such mobile/manufactured home from the property within 30 days. Failure to remove such mobile/manufactured home shall be in violation of this section and ordinance and subject to the penalties set forth in chapter 1, section 1-19 of the Troup County Code of Ordinances.

(Ord. No. 2015-02, § II, 12-2-2014)

(a)

Junkyards, Junk Business, Salvage Operation. To prevent the creation of public nuisances and ensure the safety, health and welfare of the citizens of Troup County, all junkyards, junk businesses and salvage operation/salvage yards in unincorporated Troup County shall be no less than ten acres in area and shall be screened and buffered from view in accordance with article 9, table 9.1.

(b)

Towing/Wrecker Service Business.

1.

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

2.

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

3.

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

4.

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

5.

Towing/wrecker services are subject to Article 25 Development and Design Standards, Section 25.6 Basic Commercial and Industrial Design Standards.

6.

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

7.

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

8.

The ground surface in the outdoor work/storage area shall be covered with gravel, asphalt or concrete or other material as approved by the Zoning Administrator, Senior Building Official and/or county engineer.

9.

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

10.

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

11.

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

(Ord. No. 2015-02, § III, 12-2-2014)

Editor's note— Ord. No. 2015-02, § III, adopted Dec. 2, 2014, changed the title of § 5.15 from "Junkyards, Junk Business, or Salvage Operation" to read as herein set out.

In order to encourage and preserve the homestead in rural areas, each parcel in single ownership may be subdivided for use solely as a homestead by an individual who is grandparent, parent, stepparent, sibling, child, stepchild, adopted child or grandchild of the owner of the original parcel to be subdivided at a density not to exceed one unit per acre; provided, however, that an adequate water and septic system shall be located on each one acre. The Troup County Health Department shall set the final lot size to be adequate for such water and septic systems. This provision supersedes other land use district density requirements except that it may not be used within an otherwise platted and approved subdivision. In order to qualify as a homestead the following criteria must be met:

The property being transferred shall be used as a primary residence of the eligible grantee only.

The deed for transferred property shall state the relationship of the grantee to the grantor. A plat designating the property as a family homestead shall be recorded at the clerk of court and the deed shall reference the plat book and number.

Transferred property may be either designated or deeded in the heirs (grantee) name or jointly deeded in the grantor/grantee names. The transferred property may not be deeded solely in the grantor's name.

This special density provision shall be utilized on only one occasion per eligible individual grantee. The grantor may exercise this special density provision for other eligible individual grantees so long as the maximum density for the parcel is not exceeded.

Required road frontage for this special density is 100 feet on a public or private road.

All roads constructed as a result of this provision shall meet the Troup County standards for rural residential district roads.

Where chickens are kept as pets structure for housing those chickens shall not be more than 150 square feet in size and at least 50 feet from the property line.

The number of people allowed to live in one single-family household shall not exceed public health standards as defined by the Troup County Health Department.

These uses are allowed as home occupations in the AG, AGR, LRR, zoning districts subject to the following:

a.

No business license issued until state license has been approved by Georgia Department of Agriculture.

b.

Boarding/Kennel facility is limited to ten dogs/cats.

c.

Facilities (grooming equipment, etc., located in enclosed, accessory structure.

d.

Accepted sanitary waste methods used to prevent the runoff of any waste products into any stream or neighboring property.

e.

All dogs/cats boarded at the facility shall be inside facility structure from 8:00 p.m. to 7:00 a.m. each day.

f.

Inside runs are required in order to house dogs/cats inside.

g.

The property has a minimum of five acres.

h.

All structures for housing or other uses shall be setback 200 feet from all property lines.

i.

Site plan to scale that shows: north arrow, placement on property of any accessory structures and distances from the property line, number and design of dog runs, any cat facilities design and a narrative describing how the property owner or operator of facility will comply with the standards as stated in [subsection] 5.19a.—h.

Any application for a business license that involves a dog/cat kennel, board facility, grooming or shelter shall be approved by the Board of Zoning Appeals/Planning Board. These uses cannot be approved administratively, advertised and sign posted.

(Ord. No. 2010-12, § IF., 6-16-2010)

This use is allowed as a home occupation in all residential zoning districts subject to the following:

a.

No business license until state license is issued by the Department of Human Services of the State of Georgia.

b.

No more than six children (see definition in Article III of this ordinance [appendix]).

c.

Property shall have sufficient driveway space so that no car has to back into a public street.

d.

Day care operation does not begin before 6:00 a.m. or later than 8:00 p.m.

(Ord. No. 2010-12, § IF., 6-16-2010)

This use is allowed in the AGR, LRR, RR, and AG zoning districts subject to the following:

a.

All equipment is stored in an accessory building.

b.

No repairs of equipment for the public is allowed as part of a lawn care business.

c.

No storage of excess equipment is allowed.

d.

Property shall be maintained as a residence and no outward visible signs of a business.

This use may be approved in SFMD zoning district provided approval by the Board of Zoning Appeals/Planning Board, advertised and sign posted.

(Ord. No. 2010-12, § IF., 6-16-2010)

Any request from the standards listed for home occupations in this section shall be submitted to the Board of Zoning Appeals/Planning Board and treated as a Special Exception Variance according to procedure as set forth in Article [sections] 16.5-3—16.5-7 except that a home occupation may ask for a variance from any of the standards and [section] 16.5-4 does not apply to home occupation variance requests.

(Ord. No. 2010-12, § IF., 6-16-2010)

A.

Purpose. The purposes of this section are to: (i) provide for the appropriate development of units that incorporate both living and working space; (ii) provide flexibility for the development of live/work units, particularly within existing buildings; (iii) provide locations where appropriate new businesses can start up; and (iv) provide opportunities for people to live in mixed-use industrial and commercial areas where compatible with existing uses.

B.

Where Live/Work Units Are Permitted.

(1)

Live/work units are permitted in all commercial and industrial zoning districts.

(2)

A live/work unit may be at street level, in the rear of the building only or on upper floors.

(3)

Where permitted, live/work units located at street level are subject to the development standards for ground-floor retail or commercial establishments, including Quality Development Overlay requirements and Article 25, Section 25.6 of the Troup County Zoning ordinance and the following:

(a)

Live/work units at street level may have the entrance to the residential use at the rear of the building, which is preferred, so that from the front the use appears commercial or industrial. Any commercial or industrial structure with the entrance to a residential use at the front shall not be more than 20 percent of the total façade.

(b)

A minimum of 51 percent of the portion of a structure's street front facade that contains required nonresidential use shall be at or above sidewalk grade.

(c)

In live/work units at street level, parking for live-work units is prohibited in front of the building.

(d)

Live/work units that exceed [2,000] square feet must have at least two exits.

(e)

All live/work units shall comply with State of Georgia minimum standard building code, fire and life safety codes appropriate for the mixed use.

C.

Business License Required. At least one resident in each live/work unit shall maintain a valid business license for a business on the premises.

D.

Parking. For live/work units of less than 2,500 square feet, one parking space is required for each unit. For live/work units greater than 2,500 square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the zoning administrator/building official.

(Ord. No. 2015-02, § IV, 12-2-2014)

Editor's note— Ord. No. 2015-02, § IV, adopted Dec. 2, 2014, did not specify manner of inclusion; hence, codification as § 5.23 was at the discretion of the editor.

1.

Sales and storage of fireworks shall comply with all applicable federal, state and local regulations.

2.

Facility and site must meet the Commercial/Industrial Design Requirements, and QDC requirements if applicable.

(Ord. No. 2016-03, § II, 3-5-2016)

Editor's note— Ord. No. 2016-03, § II, adopted March 5, 2016, enacted provisions designated as § 5.23. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 5.24, at the discretion of the editor.

1.

Sales and storage of fireworks shall comply with all applicable federal, state and local regulations.

2.

Consumer Fireworks Retail Sales Stands are prohibited in the Quality Development Corridor overlay zoning district.

3.

There must be an existing lawfully permitted business located on the premises.

(Ord. No. 2016-03, § II, 3-5-2016)

Editor's note— Ord. No. 2016-03, § II, adopted March 5, 2016, enacted provisions designated as § 5.23. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 5.25, at the discretion of the editor.

(a)

Purpose.

(1)

This section is established to facilitate a streamlined permitting process, appropriate regulations and standards for the short-term rental of single-family dwellings as a special use. This is aimed at offering visitors an alternative to existing county accommodations such as hotels, motels, and bed and breakfast establishments. Additionally, it seeks to ensure the proper collection and remittance of hotel, motel, and other accommodation taxes. The chapter is designed to mitigate any adverse secondary effects that short-term rental usage may impose on the nearby residential and agricultural communities. It also aims to preserve the distinctive character of the neighborhoods in which such usage takes place. This ordinance is furthermore intended to proactively restrict transient occupancy uses in residential and agricultural districts that could pose a threat to public welfare and strain community infrastructure resources.

(2)

This section is not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

(b)

Permitting. Short-term rentals of dwellings within any zoning district are strictly prohibited without a valid permit. It shall be a violation of this section for any person to conduct STR operations without a permit and a violation for any person to assist, permit, or promote unpermitted STR operations.

(c)

Location. Short term rentals (STR) may be permitted in zoning districts as outlined in Appendix A, Troup County Zoning Ordinance, Article VII.

(d)

Standards and Restrictions—General.

(1)

A special use application for a short term rental may only be obtained by the owner of the subject property. The permit must be issued in the name of the property owner, who must be the owner of the real property where the short-term rental is requested. Only one special use permit for short term rentals is permitted per individual, regardless of ownership through direct title or ownership through an LLC, partnership, similar organization or entity. Permits are non-transferable, do not run with the land, and are strictly tied to the individual applicant.

(2)

The total number of STR permits issued annually shall not exceed 12 per calendar year.

(3)

Local Residency Preference Policy. The review and issuance of new short-term rental permits shall accord priority to individuals currently residing within Troup County over non-county resident applicants. Applications from primary residents within Troup County shall be given precedence in the review process.

(4)

If short-term rental permits are unavailable due to annual limitations, the Community Development Department will maintain a waiting list based on the order of applications received. When a permit becomes available, applications will be processed in the order they appear on the waiting list, with preference given to local applicants as per policy. The waitlist for a calendar year terminates on December 31st of the year of initial application. Subsequently, applicants must submit a new application for the ensuing year, effective January 1st annually.

(5)

Written advertisement in any form for the STR of property for any period of time during which the owner has no current permit issued pursuant to this Section shall be a violation of this Section. No Special Use Application shall be accepted if the applicant, at the time of application, is renting property in violation of the Troup County Code of Ordinances or has had three final convictions in a court of competent jurisdiction for violating any provision of the Troup County Code of Ordinances relating to the ownership, use, rental, operation, unlawful conduct upon, construction or maintenance of STR property.

(6)

Short-term rental uses shall be limited to detached single-family dwellings.

(7)

The owner-applicant shall pay any and all applicable state and county taxes. Any taxes owed to the county as a result of any hotel motel tax or occupation tax shall be paid to the county clerk and any failure to remit the same when due or pay any interest or penalty due thereon, shall also be a violation of this Section.

(8)

Applicants must demonstrate property ownership for at least three years prior to application.

(9)

STR Classification:

(i)

Owner-Occupied Short-Term Rentals (STRs). Owner-occupied Short-Term Rentals necessitate a full-time residency, requiring the property owner to permanently reside on-site for a minimum of 365 days annually. These rentals permit occupancy for up to 175 days each year, mandating the continuous presence of the owner during any rental periods of the property.

(ii)

Non-Owner Occupied Short-Term Rentals (STRs). Non-owner occupied Short-Term Rentals refer to properties not primarily occupied by the owner and may be inhabited seasonally or periodically by individuals not permanently residing on-site. Occupancy for these rentals is limited to 92 days per year, adhering to the parameters defined for short-term rentals. Only one dwelling within the property can be utilized as a short-term rental at any given time.

(10)

Property standards:

(i)

Local representative. Each STR location shall designate at least one local representative who shall be the agent of the owner-applicant authorized to receive on behalf of the owner-applicant all notices and correspondence from the Community Development Department. The local representative(s) shall be available twenty-four (24) hours a day to accept telephone calls and be able to respond physically to the short-term rental within thirty (30) minutes.

(ii)

The owner-applicant shall keep on file with the county the name, telephone number, cell phone number, and e-mail address of a local representative who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information shall be posted in a conspicuous location within the short-term rental dwelling. All neighbors with adjoining property boundaries shall be provided with the current local representative contact information by the owner. If the representative changes, it is the responsibility of the owner to provide the updated information to the county and adjoining neighbors.

(iii)

The owner-applicant shall maintain books and written records of all STR activities, including but not limited to written records of all complaints received by the owner-applicant or local representative relating to the STR use, for a period of three (3) years and make the same available through their local representative for inspection and review by the Community Development Department at a location within Troup County or provide a copy of the same within ten (10) business days of written request, which may be sent by email to the local representative and shall be deemed received when sent. Failure to keep, provide or allow inspection and review of records shall be a violation of this Section (15) and the owner-applicant's permit shall be suspended until such records are made available for inspection or provided to the Community Development Department.

(iv)

The owner-applicant shall post rental policies within each guest bedroom. The house policies shall be included in the rental agreement, which must be signed by the renter and shall be enforced by the owner-applicant or the owner-applicant's designated local representative. The local representative shall provide the Community Development Department with an electronic copy of any rental agreement by e-mail upon request. The house policies at a minimum shall include the following provisions:

a.

Quiet hours shall be maintained from dusk to dawn during which noise within or outside the short-term rental dwelling shall not disturb anyone on a neighboring property.

b.

Amplified sound that is audible beyond the property boundaries of the short-term rental dwelling is prohibited.

c.

Must designate the appropriate parking for guests, approved by Troup County Roads and Engineering Department.

d.

Must designate the terms for garbage pickup.

e.

Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.

(v)

The owner-applicant shall ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the county, which may include the revocation of the short-term rental permit.

(vi)

The owner-applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, shall prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the county, which may include the revocation of the short-term rental permit.

(e)

Site Regulations.

(1)

Short-term rental dwellings shall meet all applicable building, health, fire and related safety codes at all times. For the purpose of the STR use application review, the Community Development Director or the Board may require fire marshal and building inspections prior to the application of a business license to ensure the safety of public welfare in regard to the special use application.

(2)

Unless lower occupational limits are required by the Fire Marshal after inspection of the dwelling unit, the maximum number of bedrooms used for short-term rental use in the short-term rental dwelling shall be no greater than four. The total number of guests staying in the short-term rental dwelling at any one time shall be no greater than two times the number of bedrooms plus two persons, up to a maximum often (10) persons.

(3)

One (1) full bathroom must be provided on each full floor.

(4)

One (1) bathroom is required for every 2 bedrooms rented out. For purposes of this Section, "bedroom" shall mean a room of no less than 70 square feet, with a door from at least one common point in the residence such as a hallway or living room that can be closed, a closet, and a window.

(5)

The distance requirement for short-term rental units is 2,640 feet (half mile), measured radially, from existing short-term rental units. This measurement is taken from all boundaries of the subject property, encompassing all property lines. No parking of vehicles (road or off-road), trailers, boats, or other towed equipment is permitted within the public right-of-way.

(6)

A minimum of one parking space must be dedicated to STR use and all parking must adhere to zoning regulations and any conditions of the Roads and Engineering Department.

(7)

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

(8)

Any proposed deviations from the approved site plan must be submitted and approved by the Community Development Director.

(9)

The maximum daytime occupancy (between dusk and dawn) of any property to be used as a short-term rental shall be maximum occupancy plus four.

(10)

Weddings, special events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.

(f)

Application Process. The Director is delegated the authority to prepare and maintain an application (Application) which shall specify and require the submission of such information and documentation as the Director deems necessary for the administration of this section in accordance with its purposes. An Application for a special use permit (See Article XVI. - Administration, Section 16.21-2) for a short term rental as defined in Section 3.1 of Article III of the Troup County Zoning Ordinance must be fully completed and accepted by the Director and additional information may be requested by the Director to determine impact and mitigation measures prior to consideration.

(g)

Permit Processing.

(1)

The Application will be reviewed pursuant to the requirements of this section and other relative state and county regulations after considering the effects the proposed use would have on surrounding uses and the cumulative impacts within the community and the county at large. In addition to the review requirements for the special use applications, the Application shall also be reviewed at a minimum and without limitation with respect to the following matters:

a)

The proposed short-term rental aligns with the comprehensive plan's objectives.

b)

The proposed short-term rental is evaluated for the potential impact on available housing stock in Troup County.

c)

The establishment of STR shall not harm significant historical, aesthetic, cultural, architectural, engineering features or environmental sensitive areas.

d)

The establishment of STR shall not harm or place strain on existing county and state infrastructure.

e)

The establishment of a short-term rental at the proposed location is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.

f)

The establishment of a short-term rental at the proposed site will provide an optimal visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the county and will help to ensure the collection and payment of hotel, motel taxes.

(2)

The Board of Commissioners may impose conditions on the granting of an application for a STR to mitigate the impacts of the proposed land use in addition to those required by this Section. Violations of additional conditions placed by the Board of Commissioners shall be a violation of this Section.

(h)

Violations, Enforcements, Penalties and Revocation:

(1)

Short-term rental use, and/or advertisement for use, of a residential property in violation of this Section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated in the same manner as other public nuisances as provided in Chapter 35 of the Troup County Code. Any action for abatement shall be in addition to, and not in lieu of, enforcement by citation or accusation in a court of competent jurisdiction and upon conviction by any penalty or fine authorized by law.

(2)

Each day any violation continues shall be a separate offense. The fines and penalties upon conviction for a violation of this Section shall be as follows:

(3)

Upon receipt of three (3) complaints arising from activities upon a permitted STR property that violate this Section within any two year period that are witnessed by law enforcement or code enforcement officers or substantiated by sworn affidavit or video/audio evidence, the occupational tax certificate and license to conduct STR business of the owner-applicant shall be automatically revoked subject to the same rights of appeal as set forth in Chapter 50 of the Troup County Code.

(4)

In addition to any other penalties set forth in the Troup County Code, the Magistrate Court may assess a civil penalty, not to exceed $1,000.00 per day, after consideration of all relevant circumstances, including, but not limited to, prior notice and compliance history, the harm caused by the violation, the length of violation, any economic benefit gained from the violation, and any other factor as justice requires.

(5)

The conduct of STR by the permit holder during a period of suspension shall, in addition to, and not in lieu of, all other legal remedies, criminal or civil, result in revocation of STR permit.

(6)

The penalties set forth in this subsection (h) are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by Troup County to address any violation or other public nuisance.

(Ord. No. 2023-03, § II, 11-15-2022; Ord. No. 2024-03, § III, 4-2-2024)