In interpreting the distance requirements of this article, measurements shall be made according to the following standards.

(1)

Measurements are measured as the shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two (2) objects.

(2)

Distances are measured horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

(3)

Measurements involving a structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

(Ord. No. 2025-03, 6-3-2025)

The following standards shall apply to the supplemental uses listed. Listed uses shall also meet all district requirements and other applicable UDO provisions. Should the standards of this article conflict with other standards provided in the UDO, the standards of this article shall apply. The following supplemental use standards are organized by major use category as presented in sec. 6.1, Table of Permitted and Prohibited Uses.

(Ord. No. 2025-03, 6-3-2025)

(1)

Accessory uses are permitted in conjunction with an allowed principal use. Allowed accessory uses are those listed in Section. 6.1, Table of Permitted and Prohibited Uses.

(2)

Accessory dwellings. All of the following regulations shall apply to an accessory dwelling:

(a)

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

(b)

An accessory dwelling may be developed no closer than twenty (20) feet to the rear of either an existing or new principal dwelling. It must also comply with the same setbacks and required development dimensions as a primary dwelling on the lot.

(c)

The equipment of an accessory building or equipment of part of a principal building with one (1) or more of the following or similar items, systems or equipment shall be considered prima facie evidence that such accessory building or such part of the principal building is a separate and distinct dwelling unit and is subject to the regulations of the zoning district in which it is located: utility services; utility meters; kitchen equipment such as sink, stove, oven, bedding, and/or cabinets.

(d)

Manufactured housing is prohibited as an accessory use in all zoning districts.

(e)

All accessory dwellings shall comply with the IRC building code.

(3)

Cargo containers.

a.

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

b.(i) Cargo containers shall be allowed on a permanent basis only on lots of two (2) acres or more. Such cargo containers shall be permanently and fully screened from view from all adjacent properties, which shall require either fencing material one (1) foot higher than the height of the cargo container, or planted landscape material that within six (6) months of installation is one (1) foot higher than the height of the cargo container.

(ii)

Placement of cargo containers shall comply with all applicable building and setback lines. No more than one (1) permanent cargo container shall be allowed per lot, regardless of lot size. Any applicant requesting to place a permanent cargo container on a lot must apply for a permit under the terms of this ordinance and shall pay to the County a one (1)-time permitting fee as established by the County.

(iii)

Semi-truck trailers may be used as storage units. School buses may not be used as storage units.

(iv)

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

(4)

Tents.

(a)

The use and maintenance of canvas tents and structures made of similarly flammable materials for residential dwelling purposes are prohibited within agricultural and residential zones in the county and within four hundred (400) feet of any occupied dwelling.

(b)

Tents shall not be used as a dwelling except within a Commercial Recreational Vehicle Park.

(c)

Canvas tents may be permitted for temporary use under the following conditions:

Permitted Special Events: Tents may be used for special events that require a permit, such as festivals, fairs, and public gatherings, subject to compliance with county regulations and approval from the appropriate authorities.

Private Events on Private Property: Tents may also be used for private, invitation-only events such as weddings, birthdays, or family gatherings on private property without requiring a permit, provided they are not used for residential occupancy.

(d)

The duration of tent use shall be limited as follows:

On lots two (2) acres or less, tents may be erected for a maximum of forty-eight (48) hours.

On lots greater than two (2) acres, tents may be erected for a maximum of four (4) days.

(5)

Donation bins.

(a)

Are limited to one (1) per parcel.

(b)

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

(c)

Shall be located as follows:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

Shall not be located between a building and a road or street.

(vi)

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

(vii)

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

(viii)

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

(ix)

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

(x)

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

(xi)

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

(xii)

Shall not be electrically or hydraulically powered or otherwise mechanized.

(xiii)

Shall have the following information conspicuously displayed on at least two (2)-inch type visible from the front of the Collection Container: The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the owner and operator of the Collection Container and the parcel owner/owner agent; Address and parcel number of the site; Instructions on the process to register a complaint regarding the Collection Container to the County Code Enforcement Division; The type of material that may be deposited; A notice stating that no material shall be left outside the Collection Container; The pickup schedule for the Collection Container; If owned by a nonprofit organization, a statement describing the charitable cause that will benefit from the donations.

(6)

Home Occupations. The purpose of this ordinance is to allow residents to operate home occupations while preserving the residential character of neighborhoods. This ordinance aims to strike a balance between economic opportunities for residents and the need to maintain the integrity of residential districts. Home occupations may be permitted in residentially zoned districts, according to the standards for the zoning district of the proposed location of the business activity. 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 a home occupation is received and the required fees are paid, as posted in the Troup County Community Development 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)

A home occupation may only be approved on a lot or parcel where a house exists or where a building permit has been submitted for the construction of a house that includes a designated space for the proposed home occupation. The building permit must clearly indicate the area within the dwelling that will be used for the home occupation. Home occupations do not run with the land and are specific to the applicant. If a home occupation is discontinued for more than six months, the required business license is not renewed, or the property changes ownership, a new application and approval are required to continue the 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 that conditions such as the number of employees, acreage, square footage, and equipment or inventory storage remain compliant. It is the responsibility of the owner of the home occupation to notify the Troup County Community Development Department of any changes to the business information, including but not limited to location, expansions, operational modifications, or any other pertinent changes that may affect compliance with the home occupation regulations.

(d)

Home Occupations involving sales must provide a current Georgia Sales Tax certificate prior to a 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)

It is the sole responsibility of the owner of the home occupation to ensure full compliance with all applicable local, state, and federal regulations, including but not limited to business licensing, taxation, health and safety requirements, and any industry-specific regulations. Failure to comply may result in revocation of the home occupation certificate and/or other enforcement actions as permitted by law.

(g)

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

(5.1) Residential Home Occupations (two (2) acres and under).

Home occupations located on lots of 2 acres or less shall not create adverse impacts on the surrounding community, including but not limited to increased traffic, noise, odors, or discernible alterations to the residential character of the property, including but not limited to structural modifications, signage, the presence of commercial vehicles, outdoor storage, or any other business-related activities that would indicate a non-residential use that are inconsistent with a residential area.

The conduct of business in single-family medium density ( SU-R), lakeside residential (LR), mobile home parks (SD-MH), multi-family (MFR), and unrestricted subdivision (USD). Other districts include: Agricultural/Residential District (AGR), Rural Residential (RR) or Lakeside Residential (LR), 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.

(5.1-1) Residential home occupations, where permitted on lots 2 acres or less, must meet the following special requirements:

(a)

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.

(b)

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

(c)

On-site employment for the residential home occupation/business is limited to residents of the household.

(d)

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.

(e)

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 is permitted per day.

(f)

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

(g)

No business-related vehicle larger than a van, panel truck, or pickup truck is permitted to park overnight on the premises. The number of business-related vehicles is one. All business-related vehicles shall be parked in the rear of the premises and within an enclosed area. 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.

(h)

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 garages that are attached or detached.

(i)

Home occupations shall not have customers or clients visit the site unless specifically permitted under Section 5.1-1(j)

(j)

Permitted residential home occupations:

i.

• Design services;

ii.

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

iii.

• Consulting services;

iv.

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

v.

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

vi.

• Drafting and graphic services;

vii.

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

viii.

• Engineering office;

ix.

• Music Classes—limited to 4 students at a time

x.

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

xi.

• Writing, editing, resume services, computer programming;

xii.

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

xiii.

• Tutoring;

1.

Limited to indoor instructional services

2.

Limited to four students at a time;

xiv.

Any occupation conducted solely via telecommunications technology;

xv.

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);

xvi.

Home Office, a home occupation that functions solely as an office for a business, and/or where all physical work occurs off-site, is permitted, provided that:

1.

The home office may be used for occupations not otherwise permitted in the district, including but not limited to:

2.

Professional consulting

3.

Administrative work

4.

Freelance or independent contracting services

5.

Online business operations without on-site inventory storage

6.

Small contractors whose work is performed off-site may operate from a residential property for administrative purposes, such as paperwork, phone calls, and mail. However:

7.

No off-site employees, subcontractors, or customers may visit, work, assemble, or park at the residence.

8.

No contractor-owned equipment may be parked, stored, assembled, repaired, or maintained on-site.

9.

Business-related vehicles are strictly prohibited from being parked at the residence where the home office or home occupation is located, except for the one vehicle permitted under Section 5.1-1(g).

10.

No business-related storage of materials, equipment, or inventory is allowed at the residence.

11.

Proof of off-site storage and parking arrangements in a properly zoned location must be provided upon request.

xvii.

Any other similar occupations not listed here that may be approved by the Community Development Director upon the finding of no adverse impacts to the surrounding neighborhood.

(j)

Prohibited residential home occupations:

i.

Any business involving the use of hazardous materials

ii.

Vehicle repair, body work, or painting

iii.

Junkyards

iv.

Storage

5.2 - Residential Home Occupations (over two (2) acres).

The conduct of business in single-family medium density ( SU-R), lakeside residential (LR), unrestricted subdivision (USD), Agricultural/Residential District (AGR), Rural Residential (RR) or Lakeside Residential (LR), and Agricultural (AG) when subject parcel is over two acres shall be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural residential home occupations with other uses permitted in lower density residential districts; maintain and preserve the 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 residential home occupation applied for but not specifically stated in sections 5.1-1 and 5.1-2 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.

(a)

The residential 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.

(b)

The residential 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.

(c)

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

(d)

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

i.

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.

ii.

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.

(e)

The existence of the residential home occupation shall not be apparent outside the dwelling or accessory building where the residential 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.

(f)

No out-of-doors storage of materials, products, equipment, or vehicles used in the conduct of the residential home occupation, other than trade vehicles, is permitted unless an accessory building is used to house the equipment, materials, or vehicles.

A residential home occupation-related vehicle is a passenger motor vehicle or light-duty truck with a gross vehicle weight of less than 10,000 pounds as registered by the Georgia Department of Motor Vehicles. Residential home occupation-related vehicles include any of the following: a 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.

(g)

On-site employment (including contract employment) for the residential home occupation/business is limited to residents of the property and not more than two additional persons.

(h)

Permitted residential home occupations are as follows:

i.

All occupations permitted in section 5.1;

ii.

Agricultural Equipment Repair: Machine and mechanical repair is permitted as a home occupation only for vehicles, equipment, and machinery used in agricultural work. Such use is only allowed on lots of 5 acres or larger. Any structure or area used for repair must be set back a minimum of 200 feet from all property lines and must be screened to ensure it is not visible from any road or adjacent property.

iii.

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

iv.

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 the operator has a Georgia State License to cut and style hair, whether a barber or beautician;

v.

Carpentry;

vi.

Ceramics;

vii.

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

viii.

Upholstery;

ix.

Artist studio;

x.

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

xi.

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

b.

5.3 Prohibited residential home occupations include, but are not limited to:

i.

Ambulance service;

ii.

Wrecker and tow truck service;

• Restaurants, food preparation for catering or distribution;

iii.

Veterinary services;

iv.

General automobile repair, parts sales, upholstery, or detailing, washing services.

(7)

Dog Kennel/Cat Kennel, Boarding Facility, Grooming and Shelter (commercial).

(a)

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

(b)

All animals must be housed safely, cleanly, and humanely in accordance with Georgia Department of Agriculture kennel standards. A management plan must be submitted showing the facility's requested capacity and the proposed staff-to-animal ratio for daily operations.

(c)

All grooming, boarding, and housing facilities and equipment must be located within an enclosed accessory structure, except for outdoor training equipment, including agility courses and retriever training equipment. Grooming equipment must be located in an enclosed accessory structure.

(d)

Sanitary waste shall be managed using approved and permitted methods to prevent runoff into any stream, water body, or neighboring property. All waste disposal systems shall be subject to review and approval by the Georgia Department of Public Health or the appropriate local health department.

(e)

All dogs and cats boarded at the facility shall be housed inside an enclosed structure between the hours of 8:00 p.m. and 7:00 a.m. each day, except during organized training activities. During any outdoor activities, the facility management shall ensure that noise levels do not create a nuisance to surrounding properties.

(f)

Inside runs are required to house dogs/cats inside.

(g)

The property has a minimum of five (5) acres.

(h)

All structures for housing animals shall be set back 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 this subsection.

(j)

All commercial dog and cat kennels, boarding, grooming, and shelter facilities shall comply with all commercial development standards unless expressly exempted.

(8)

Dog Kennel/Cat Kennel (hobby).

(a)

Hobby kennels shall comply with all applicable regulations outlined for commercial kennels in Subsection (7) of this Section, including but not limited to housing standards, sanitation, site plan requirements, and Department of Agriculture licensing requirements, unless specifically exempted.

(b)

Dog and Cat Kennels for hobby use are limited to 10 animals.

(c)

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

(d)

Outdoor kennels or runs must be at least 200 feet from the nearest property zoned or used for residential purposes.

(e)

Any application for a business license involving a hobby dog or cat kennel, boarding facility, grooming facility, or shelter within a residentially zoned district shall require site plan review and recommendation by the Board of Zoning Appeals and Planning Board, with final approval by the Board of Commissioners. These uses shall not be eligible for administrative approval.

(9)

Livestock raising.

(a)

Setbacks. Any structure, pen, enclosure, corral, or building used for the housing, feeding, or shelter of livestock shall comply with the following minimum setbacks, based on animal type and lot size:

i.

For hobby livestock including chickens, ducks, rabbits, guinea pigs, miniature potbellied pigs, and similar small animals:

1.

Structures shall be located at least 30 feet from any property line and 50 feet from any residence on an adjacent lot. Structures shall be located in the rear yard where possible and screened from view if adjacent to a residential property.

ii.

For hobby livestock including goats, sheep, pigs (excluding miniature potbellied pigs), cows, horses, and other hoofed animals:

1.

Structures or fenced enclosures used as corrals, catch pens, or holding pens shall be located a minimum of 100 linear feet from any property line and 200 feet from any off-site residence or occupied building. This requirement does not apply to boundary fencing or fencing intended solely to contain animals within the overall property.

iii.

For commercial livestock farming, including poultry, equine, swine or dairy use, any structure, pen, corral, catch pen or other building appurtenant to the keeping and raising of livestock shall be located a minimum of 200 linear feet from any property line and 400 feet from any off-site residence or occupied building.

(g)

Hobby Livestock in Residential Zoning Districts. The non-commercial keeping of livestock is permitted in residential zoning districts, subject to the following standards:

i.

Lots less than one (1) acre: Up to ten (6) hens, rabbits, or other small domesticated livestock of similar size and husbandry needs may be kept. Roosters are prohibited.

ii.

Lots one (1) acre to three (3) acres: Small livestock such as hens, rabbits, goats, sheep, and miniature pigs may be kept. No more than eight livestock animals total shall be permitted on property in this size range, and no more than 10 hens.

iii.

No cows, horses/equine, or standard pigs permitted on less than 3 acres.

iv.

Lots three (3) acres or greater. On any property that is larger than three (3) acres, there are no restrictions in this section as to the type or number of livestock that may be kept. The number and type of animals must be appropriate to the property size and conditions and must not exceed the land's capacity to support them in a safe, sanitary, and humane manner. Other applicable provisions as to adequate shelter, humane care, health, and safety shall be followed.

All livestock keeping must comply with the rules and regulations of the Georgia Department of Agriculture.

(h)

Containment and Sanitation Standards. All livestock must be securely confined within fencing or enclosures appropriate to the species. Animals shall not be allowed to roam beyond the owner's property. Housing and containment areas must be kept in a clean, secure, and sanitary condition. All animal waste must be managed to prevent odors, runoff, and pest attraction. No livestock or associated structure shall be maintained in a manner that causes a public nuisance through odor, noise, runoff, flies, unsanitary conditions, or other health or safety concerns.

(10)

Outdoor dining.

(a)

Outdoor dining may encroach on sidewalk areas when the following criteria are met:

(i)

A minimum unobstructed sidewalk clear walking area of five (5) feet.

(ii)

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

(iii)

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

(iv)

Outdoor dining may be separated from the sidewalk only with movable planters, fencing, or similar non-fixed barriers, provided they do not exceed a height of 42 inches, including any plant material.

(11)

Outdoor storage, general.

(a)

An additional 40-foot setback and 30-foot landscaped buffer shall be provided interior to existing zoning setbacks adjacent to all roads, streets, open spaces, and residential uses. A 20-foot landscaped buffer shall be provided adjacent to all other uses.

(b)

Interior to the landscaped buffer, the use shall be surrounded by an opaque wall or fence no less than six (6) feet tall.

(c)

The landscaped buffer shall be planted with evergreen plant material to obscure the wall as much as possible. Dead plant material shall be replaced promptly to maintain the buffer.

(d)

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

(12)

Poultry Raising, Hobby. See subsection (9) of this section for Livestock Raising.

(13)

Rural Recreation.

a.

For properties located in AG, LR, and AG-R zoning districts, private recreational uses shall be permitted without the presence of a principal structure, which would otherwise be required, prior to enabling accessory structures. Structures associated with such use of land shall be limited to a total size not to exceed 10 percent of the total lot area. Such recreational uses shall be private and not made available to the public, with uses limited to hunting, agriculture, recreational vehicles, fishing, and boating activities.

(14)

Wind turbines. Wind turbines shall be a maximum height of 40 feet and shall be located a minimum distance of 40 feet from any property line.

(15)

Live/Work Uses.

(1)

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 use, particularly within existing buildings;

(iv)

Provide locations where appropriate new businesses can start up (e.g. existing parcels zoned commercial with mixed uses—dwelling and commercial structure); and

(v)

Provide opportunities for people to live in mixed-use industrial, commercial areas and mixed-use villages that are compatible with existing uses.

[(16)]

Where Live/Work Uses Are Permitted.

(a)

Live/work uses are permitted in all Limited Commercial (LC), Light Industrial (LI), and Urban Village (UR-VL) zoning districts.

(b)

A live and work use may be at street level, in the rear of the building only, on upper floors, or in a separate dwelling to the rear of the commercial building.

(c)

Where permitted, live/work uses located at street level are subject to the development standards for ground-floor retail or commercial establishments, and the following:

(i)

Live/work uses 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

(ii)

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.

(iii)

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

(iv)

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

(v)

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

([17])

Where permitted, live/work uses with separate commercial and dwelling structures are subjected to the development standards for commercial and residential uses:

(a)

In live/work uses where the separate dwelling is currently located in the front of the commercial structure, a ten (10) foot buffer is to be established to delineate the uses.

(b)

In live/work uses where the dwelling is separate from the commercial structure, separate parking areas will be established.

(c)

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

[(17)]

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

[(18)]

Parking. For live/work uses of less than 2,500 square feet, one parking space is required for each unit. For live/work uses 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 Community Development Director.

(Ord. No. 2025-03, 6-3-2025)

(1)

Commercial agriculture and forestry shall provide a minimum 25-foot buffer from the property line of any adjacent residence.

(2)

Community garden, commercial.

(a)

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

(b)

Only mechanical equipment designed for household use may be used.

(c)

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

(d)

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

(e)

Distribution, pick-up, and delivery of product and goods and services is permitted only between the hours of 7 am and 7 pm.

(3)

Forestry and logging.

(a)

Such activities shall be in compliance with Chapter 66, Article IV of the County Code.

(b)

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

(4)

Wind turbines. Wind turbines shall be located a minimum distance of 100 feet from any property line.

(Ord. No. 2025-03, 6-3-2025)

i.

Agritourism uses and facilities. 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.

ii.

Minimum lot area. All uses regulated by this section shall have a minimum lot size of five (5) acres.

iii.

Parking. Areas utilized for vehicular parking shall retain a natural surface; however, "Grasscrete" or "Grasspave" parking systems may be permitted.

iv.

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 Community Development Department.

v.

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 the same farm (roadside stand, farmer's market, etc.);

(b)

Cattle farming;

(c)

Hay sold from the farm where the hay was grown; and

(d)

Raising livestock associated with farming.

vi.

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.

vii.

Permits required. The uses regulated in this section are either permitted as-of-right or are permitted by special permit, according to the table of permitted and prohibited uses in Section. 6.1. Uses that are not listed as Agritourism and Rural Tourism uses in sec. 6.1 but are similar to such listed uses shall be permitted by the Community Development Director, where it is determined that there will be minimal impact to surrounding properties. The Community Development Director shall further decide if a similar use requires a special permit.

viii.

Standards for Approval of Agritourism Uses or Facilities. In addition to the standards of the UDO for reviewing applications, the following criteria shall be utilized when reviewing applications for the uses regulated by this section:

(a)

The facility or use is approved subject to maintaining a working farm.

(b)

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.

(c)

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

(d)

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

ix.

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

(i)

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 the 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.

(j)

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 restrooms;

Location of handicapped access to the building;

Layout of all rooms in the facility; and

Location of any kitchen facilities in the structure.

(k)

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 the facility protect and preserve the 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?

x.

Rural Tourism.

(a)

Must have a business license.

(b)

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

(c)

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.

(d)

Any rural tourism use or facility that does not have a primary agricultural use may be approved by a special use permit, provided:

(i)

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

(ii)

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

(e)

Any rural tourism venue that intends to be open for special occasions not open to the public, such as family reunions, birthday parties, etc., shall be required to obtain a special event permit.

(f)

The Community Development Director shall review proposed Rural Tourism uses and compare the potential impact of such uses to the Agritourism and Rural Tourism uses listed in the Permitted Use Table. The Community Development Director shall then decide if the proposed Agritourism use may be permitted administratively or if the use requires a special permit, based on its similarity to the permits required for Agritourism and Rural Tourism uses listed in the Permitted Use Table.

(g)

Rural tourism uses are prohibited where the applicant is leasing the property from an absentee owner.

xi.

Bed and breakfast, where permitted, shall meet the following additional standards.

(a)

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

(b)

The bed and breakfast must be occupied by the owner as their principle residence.

(c)

The same rental occupants shall not reside at the bed and breakfast for more than seven (7) consecutive days.

(d)

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

(e)

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

(f)

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

(g)

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

(h)

Rooms shall not be equipped with cooking facilities.

(Ord. No. 2025-03, 6-3-2025)

(1)

Adult entertainment and sexually oriented businesses. See Chapter 10 - article II of the County Code.

(2)

Alcoholic Beverages Sales. See Chapter 6 of the County Code.

(3)

Amusement Centers, Pool or Billiard Rooms, and Entertainment Establishments. See Chapter 10 - article III, article IV, and article V of the County Code.

(4)

Cemeteries and crematories (commercial).

(a)

It shall be unlawful for any undertaker or any other person to bury or cause to be buried, or to in any manner aid or assist in the burial of the dead body of any human being in any cemetery or location in the unincorporated area of the County other than an authorized public cemetery or a private cemetery established and approved pursuant to this ordinance.

(b)

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

(c)

The site proposed for a cemetery use shall not interfere with the development of a system of collector or larger roads or streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare classified by the County as an arterial or collector.

(d)

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

(e)

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

(f)

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

(g)

Any structure containing a crematory shall be located at least 200 feet from the property line of any property zoned or used for residential use. This 200-foot limitation shall not apply if the structure containing the crematory is located on or immediately adjacent to property containing a cemetery.

(h)

Prior to the issuance/renewal of a business license for a crematorium, the applicant shall provide to the Community Development Director a copy of the applicant's current and valid state license and written documents showing that the owner or operator of the crematory is licensed, certified, and operating in accordance with all requirements imposed by state law or by regulation of the state, including, but not limited to, the requirements imposed by O.C.G.A. § 43-18-1 et seq., and Ga. Comp. R. and Regs. R. 250-1-.01 through R. 250-7-.03, as such amended.

(i)

Prior to the issuance/renewal of a business license for a crematory, the applicant shall provide to the Community Development Director or their designee, a copy of the applicant's annual maintenance contract with the manufacturer of the crematory, showing that the crematorium is being adequately and consistently maintained in accordance with the manufacturer's specifications.

(5)

Cemeteries (private).

(a)

It shall be unlawful for any undertaker or any other person to bury or cause to be buried, or to in any manner aid or assist in the burial of the dead body of any human being in any cemetery or location in the unincorporated area of the County other than an authorized public cemetery or a private cemetery established and approved pursuant to this ordinance.

(b)

The Community Development Director shall be responsible for issuing permits and ensuring that the requirements of this section are satisfied. Other than maintaining in his office an original of the plat of survey of each private cemetery and maintaining an inventory of private cemeteries in the County, the Community Development Director and County shall have no responsibility for or duty to supervise the operation of any such private cemetery.

(c)

The Community Development Director shall maintain a record and inventory of the locations of all private cemeteries established and permitted pursuant to this section.

(d)

All law enforcement agencies, officers, certified peace officers, and/or officials of the state, or any County code enforcement officer, are hereby authorized, empowered, and directed to enforce compliance with this section.

(e)

Violators of the provisions of this article shall be subject to the penalties set forth in chapter 1, section 1-19 of the County Code.

(f)

It shall be the sole responsibility and duty of the owner, creator, trust, or other legal entity that owns, supervises, or has control of a private cemetery to ensure that the same shall not at any time constitute a health hazard or be or constitute a nuisance. The owner, creator, trust, or other legal entity that shall own, supervise, or have control of a private cemetery shall have the right and responsibility to create rules and regulations necessary or appropriate for the operation of such private cemetery.

(g)

No private cemetery established and approved pursuant to this section shall market, advertise, or sell lots or burial spaces to the general public.

(h)

All private cemeteries created pursuant to this article shall be and remain purely private, and all lots and spaces shall be reserved for relatives, friends, neighbors, or other members of an identifiable class of persons that can be reasonably distinguished from the general public or citizenry.

(i)

No owner, creator, trust or other legal entity which shall own, supervise or have control of a private cemetery shall allow such private cemetery to accumulate weeds, trash, junk, filth, or other unsanitary or unsafe conditions so as to create a public health hazard or a general nuisance to those persons residing in the vicinity.

(j)

It shall be unlawful for any person to operate a private cemetery in the unincorporated area of the County unless done so in compliance with the provisions of this article.

(k)

A plat of survey of the private cemetery prepared by a state-registered land surveyor shall be submitted to the Community Development Director along with the application. Upon approval of the survey by the Community Development Director, the applicant shall file, or cause to have filed, two (2) signed original copies of the survey with the superior court clerk for recording.

(l)

No private cemetery shall be approved unless the survey provided for in this division indicates that the private cemetery contains not less than one (1) acre, the entire area of which shall be dedicated to and used only for private cemetery purposes.

(m)

The location of the proposed private cemetery is to be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed by the County to affect the public health, safety, and welfare of the inhabitants of the area surrounding the proposed location.

(n)

The proposed location must contain a buffer area that is suitably landscaped with trees and/or shrubbery on all sides of the site that is identified on the survey and is not less than 10 feet in width.

(o)

No private cemetery shall lie in whole or in part within a floodplain, and certification of the same must be provided upon the survey.

(p)

The boundaries of the proposed private cemetery must be clearly marked and delineated.

(q)

Adequate access, ingress, and egress to and from the private cemetery must be available by public road or private drive.

(r)

The approval of the proposed private cemetery must be obtained from the health department and submitted with the application.

(s)

Appeals from the denial of a permit authorized by this article shall be to the Board of Commissioners.

(6)

Commercial recreational vehicle (CRV) parks, campgrounds, and rental cabins.

(a)

Commercial recreational vehicle parks (CRV Parks). The CRV Park overlay 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. Camp sites 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)

Recreational vehicles. Recreational vehicles are only allowed as a temporary residence for tourists and transient visitors to Troup County. RVs utilized as a temporary residence shall be placed in a CRV Park only. Residents who own recreational vehicles shall not be allowed to rent RVs on any personal property, regardless of the parcel's zoning. RVs may be stored on personal property and may be connected only to electricity for the purpose of recharging batteries, and no other utilities or sewerage. RVs stored on personal property shall be screened from public view from the roadway using an enclosure such as fencing, natural vegetation, an accessory structure, a residential dwelling, a garage, or a carport. RVs shall not be located in Manufactured Home Parks and rented as a permanent residence.

(c)

Site Plan Requirement. Any proposed CRV Park shall submit to the Board of Zoning Appeals and Planning Commission for approval a site plan.

(d)

Land Disturbance Permit. A permit shall be required prior to any grading, installation of facilities, or advertising of a proposed park. Land disturbance permits may be obtained from the Community Development Department during normal business hours.

(e)

Development Standards. All CRV Parks located in unincorporated Troup County shall conform to the following development standards.

(f)

Lot Area. Each individual space for use by an RV shall be a minimum of 1,000 square feet. The lot area shall be graded, covered with gravel, and enclosed on three (3) sides by landscape timbers or similar durable materials to ensure the provided space for RV parking is level and capable of controlling sedimentation and erosion. Additionally, each lot shall include a vegetative buffer measuring five (5) feet in width between individual lots to provide visual screening and maintain separation between spaces. The maximum density for CRV parks shall not exceed 20 units per acre.

(g)

Minimum Lot Size. For the purpose of the development of a CRV Park, the minimum lot size shall be 10 acres. The road frontage required for CRV parks, campgrounds, or cabins is 300 feet. Front yard setbacks for CRV Parks are 150 feet.

(h)

Shower Facilities. Any CRV Park shall provide one (1) shower and restroom facility for every six (6) rental spaces or every six (6) campsites. This does not apply to cabins, as each cabin should contain a minimum of one (1) bathroom.

(i)

Electrical. Each individual space shall provide an electrical hookup for the RV in accordance with the current National Electrical Code as amended. Each lot shall also include individual lighting fixtures controlled by the occupant, capable of being turned on or off independently. This requirement for individually controlled lighting does not replace any mandated security lighting necessary for the entire facility.

(j)

Water. Each individual space shall provide a water source for the RV to fill water storage tanks. Cabins shall be supplied with running water from an individual well, community water system, or public water system.

(k)

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

(l)

Streets. Streets that provide access to the individual spaces shall be constructed to Troup County standards and shall have curbs and gutters. The road/street system shall be maintained by park owner and is not the responsibility of Troup County. Each space shall be assigned and display an address for emergency response purposes. Street names and address assignment and display shall comply with the Troup County Comprehensive Address Assignment and Display Guide.

(m)

Solid Waste. Each CRV Park, campsite or cabin shall be provided with a sanitary method of solid waste collection and disposal. Collection facilities shall be either in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two (2) individually covered refuse containers having a capacity of 30 gallons or more for each occupied lot. Bulk containers shall be enclosed with a minimum of four (4) feet high chain link fence and placed upon a concrete pad, extending at least 18 inches around each container perimeter. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection services shall be provided at least once weekly and conveyed to the nearest approved sanitary landfill. Refuse areas shall be maintained in a clean, sanitary manner so as not to attract, harbor or breed insects, rodents or any manner of vermin or pest.

(n)

Frontage. The CRV Park, campsite, or cabin shall position individual spaces lots so the parcel has reverse frontage to U.S., State, County, or local roads, with a street system constructed and maintained by the park owner. Interior road/street system for park shall be constructed to County standards and approved by the County engineer.

(o)

Waste Water Treatment Facility. All CRV Parks shall construct a minimum of one (1) wastewater treatment disposal system approved by the Troup County Health Department or the Georgia Department of Natural Resources, Environmental Protection Division. Each park shall have an approved on-site wastewater treatment system, either individual septic tanks or an on-site decentralized system approved in compliance with Troup County standards.

(p)

Service Buildings. Accessory structures and community service facilities are hereby permitted for the convenience and well-being of park guests. Such structures shall conform to the Georgia State Building Codes adopted by Troup County, as amended, and may include, but are not limited to, the following uses:

(i)

Park management offices and storage;

(ii)

Community postal facilities;

(iii)

Indoor community recreation areas;

(iv)

Other similar uses that may be necessary to meet the needs of guests as listed in the table of permitted and prohibited uses in sec. 6.1.

(v)

Any structure or use of a commercial nature shall be submitted with the site plan at the time of rezoning. If the property is already zoned for CRV Park then the site plan approval by the Board of Zoning Appeals and Planning Commission is required prior to any issuance of a land disturbance permit.

(q)

Rental Cabins. Each cabin area that is dependent on individual septic systems shall be approved by the Troup County Health Department for lot size. The size of the lot shall be the minimum required by the soil tests conducted by the health department, but in no case shall be less than 10,000 square feet.

(r)

Cabins shall be separated from each other by not less than 20 feet.

(s)

Cabin rentals shall comply in all buffer requirements as set forth in this section for CRV Parks.

(t)

Cabin rentals shall comply with all development standards as set forth in this section for CRV Parks.

(u)

Any area where cabins are built for rental on a temporary basis shall comply with the appropriate development standards as applicable in this section for CRV Parks.

(7)

Extended-stay hotels and motels.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(8)

Gasoline stations.

(a)

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

(b)

Outdoor storage is prohibited.

(c)

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

(d)

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

(9)

Mobile food vendors.

(a)

License Required.

(i)

It shall be unlawful for any person to sell, or offer for sale, food of any type from a commissary, mobile retail food establishment, pushcart or temporary food establishment without a permit first having been granted under this section, except for County-sponsored events, and without having been granted a license pursuant to Chapter 50 of the County Code.

(ii)

An application for a license or a permit hereunder shall be submitted to the Community Development Director setting forth all information required hereunder and in compliance with this section. The Community Development Director shall develop a form of application for the purpose of compliance with this section. Such permits shall be valid only through to December 31 of each calendar year.

(iii)

The following information shall be provided with each application for a mobile food vendor permit: name of the mobile food vendor; make, model, and license plate number of vending unit; owner's contact information; operator's contact information; type of vendor (street vending unit or sidewalk vending unit); copy of approved permit from the Troup County Health Department and the Troup County Fire Department; list of operating locations and times; signatures from property owners indicating consent for the use of their property; and signature of applicant indicating agreement to the listed requirements.

(b)

Prohibited Conduct and Requirements.

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

(vii)

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

(viii)

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

(ix)

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

(x)

Mobile food vending vehicles must be removed from the area of operation when not in use or operation.

(xi)

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

(xii)

No sale or offer for sale of ice cream, frozen milk, frozen dairy or ice confection products shall be made from a mobile food vendor unless each side of the vehicle is marked, in letters and numbers at least three (3) inches in height, with the name and address of the mobile food vendor licensee.

(xiii)

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

(xiv)

The following safety regulations shall apply to any and all vehicles operating under this section or used for mobile retail food establishments: every vehicle shall be equipped with a reverse gear signal alarm with a sound distinguishable from the surrounding noise level; every vehicle shall be equipped with two (2) rear-vision mirrors, one (1) at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle; and the mobile food vendor may sell food and non-alcoholic beverage items only.

(xv)

Mobile food vendors shall be equipped with portable trash receptacles and shall be responsible for proper disposal of solid waste. All disturbed areas must be cleaned following each stop to a minimum of 25 feet from the sales location and liquid spills near the vendor shall be properly cleaned following each stop.

(xvi)

Notwithstanding any provision herein to the contrary, a mobile food vendor may return to and from a particular lot during the operational hours referenced herein. Merchants participating in events on public property sanctioned and approved by the Troup County Parks and Recreation Commission shall be exempt from the durational requirements of this section. Also, a mobile food vendor operating at and for an existing and operating restaurant or special events center shall be exempt from said durational requirements.

(c)

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

(d)

Fee. The fee for every application for a permit under this section shall be established by Troup County.

(10)

Motorized vehicle repair and maintenance facilities shall adequately screen areas designed for the outdoor storage of vehicles in need of repair or awaiting pickup after repair. The storage area shall be located in the rear of the building. No junk or abandoned vehicles or parts of vehicles will be stored on site. All such facilities shall be located at least 40 feet from the front property line, and all garage/car wash/service bay openings shall be oriented at not less than right angles to the primary public road or street frontage.

(11)

Service stations and automobile repair facilities shall adequately screen areas designed for the outdoor storage of vehicles in need of repair or awaiting pickup after repair. The storage area shall be located in the rear of the building. No junk or abandoned vehicles or parts of vehicles will be stored on site.

(12)

Pawn and title services.

(a)

All such uses shall be located a minimum distance of 4,000 feet from any other such use.

(13)

Pet care and veterinary services.

(a)

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

(b)

Boarding/Kennel facilities are limited to 10 dogs/cats.

(c)

Facilities for the grooming and boarding of animals shall be located in fully enclosed structures.

(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 the 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 shall have a minimum of five (5) acres.

(h)

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

(i)

A site plan is required, with the following information provided: 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 all applicable requirements.

(14)

Racetracks.

(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:

(i)

Installing noise barriers.

(ii)

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

(iii)

Installing perimeter buffers as required in [appendix C, section] 9.8.

(15)

(a) ..... Short Term Rentals.

(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)

Permit Eligibility for Inherited Property. Notwithstanding any other provision of this ordinance, an owner of residential property who acquired such property by inheritance from a family member may apply for a short-term rental permit for that property without regard to any otherwise applicable minimum prior ownership duration, provided that the deceased family member (decedent) had continuously owned the property for not less than three (3) consecutive years immediately prior to the transfer by inheritance. The applicant shall furnish proof of inheritance and the decedent's length of ownership to the satisfaction of the County (such as a recorded deed of assent, court order, or affidavit of heirship establishing the transfer of title from the decedent to the applicant). All other requirements of the short-term rental ordinance shall apply to an inherited property in the same manner as any other property.

(10)

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.

([11])

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., or 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 the Troup County Roads and Engineering Department.

d.

Must designate the terms for garbage pickup.

e.

Parties or group gatherings that exceed the maximum number of allowed guests and/or that 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 that 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 relevant 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 environmentally 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, and bed and breakfast 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:

First Offense: .....$250.00

Second Offense: .....$500.00

Third Offense: .....$750.00

Fourth and Subsequent Offense: .....$1,000.00

(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 the 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.

([16])

Solar energy systems (SES).

(v)

Ground-mounted SES shall be delineated by size as follows:

(i)

Small-scale ground-mounted SES (small-scale SES) means a ground-mounted SES with a footprint of less than 5 acres.

(ii)

Intermediate scale ground mounted SES (intermediate scale SES) means a ground mounted SES with a footprint of between 5 and 50 acres.

(iii)

Large-scale ground-mounted solar energy system (large-scale SES) means a ground-mounted SES with a footprint of more than 50 acres.

(Ord. No. 2025-03, 6-3-2025)

(1)

Junkyards, Junk Business, Salvage Operation, and/Motor Vehicle Towing.

(a)

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 10 acres in area and shall be screened and buffered from view in accordance with [appendix C, section] 9.8.

(b)

Motor Vehicle Towing.

(i)

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

(ii)

Outdoor work/storage area where any towed vehicles are stored shall be in the rear yard only, surrounded by an eight-foot (8) solid visual barrier fence or wall. The visual barrier shall be painted or constructed of one (1) color and material providing a consistent appearance. The fence or wall shall provide screening of the outdoor work/storage area from the view of a public thoroughfare and all surrounding properties. The fence or wall shall be maintained perpetually and immediately repaired as needed. There shall be sufficient distance between stored vehicles and the fence or wall to allow for proper maintenance.

(iii)

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

(iv)

Motor vehicle towing 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 the reuse of waste materials.

(v)

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 Community Development Director, Community Development Director, or designee. Any drained fluids shall be disposed of in a manner consistent with the Georgia Rules of Hazardous Waste Management and applicable Federal Regulations.

(vi)

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

(vii)

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

(viii)

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

(ix)

Vehicles may not be stored at an outdoor work/storage area for longer than 12 months. Code enforcement officer, Community Development Director, or designee may inspect records at any time the business is open for compliance with this requirement.

(x)

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

(xi)

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.

(2)

Marinas. When located within SU-R and LR zoning districts, such uses shall only be permitted when located on United States Army Corps of Engineers property.

(Ord. No. 2025-03, 6-3-2025)

(1)

Day care facility.

(a)

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

(b)

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

(i)

Persons seeking to operate a day care facility in the County must file an application with the County along with any fees established by the Board of Commissioners. Each day care facility application shall include a description of the program. The affidavit shall also certify that the proposed day care facility will meet and be operated in conformance with all state, federal, and local laws and regulations. The Community Development Director may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed day care facility will meet applicable laws, regulations, and development standards.

(ii)

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

(iii)

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

(iv)

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

(v)

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

(c)

Where a day care facility is located within a single-family residential dwelling, the use is allowed as a home occupation, subject to the following:

i.

No business license until the Department of Human Services of the State of Georgia issues a state license.

ii.

No more than six (6) children.

iii.

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

iv.

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

(2)

Elementary and secondary schools.

(a)

Property shall have a minimum of 100 feet of frontage on a road or street.

(b)

Front yard setback shall be a minimum of 40 feet.

(c)

Parking lots shall not be located within 20 feet of any property line.

(d)

Provide a continuous landscaped buffer at least 30 feet wide along all sides or rear property lines adjacent to residential uses, except for perpendicular crossings of driveways or utility lines.

(e)

Accessory uses shall be limited to the following: Parking; Classrooms; Library; Assembly hall and kitchen for social and educational gatherings and meals; Gymnasium; Playground; Storage building; Nonprofit day care center, after school care, or pre-kindergarten (Pre-K); Outdoor recreation, provided that the property contains at least 5 acres, fields do not provide outdoor lights, and recreational activity is limited to 9:00 a.m. to 9:00 p.m.

(3)

Places of worship.

(a)

The following standards shall apply:

(i)

Provide a continuous landscaped buffer at least 15 feet wide along all sides or rear property lines adjacent to SU-VL and UR-VL zoned property, except for perpendicular crossings of driveways or utility lines.

(ii)

Accessory uses shall be limited to the following: parking; classrooms; library; assembly hall and kitchen for social and educational gatherings and meals; gymnasium; playground; storage building; day care facilities, after school care, or pre-kindergarten (Pre-K); outdoor recreation, provided that the property contains at least 5 acres, fields do not provide outdoor lights, and recreational activity is limited to 9:00 a.m. to 9:00 p.m.

(Ord. No. 2025-03, 6-3-2025)

(1)

Manufactured Homes.

(a)

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

(b)

Placement Application. An application for placement approval shall be completed, reviewed, processed, and advertising fees paid. No manufactured housing unit shall be moved, placed, added to the Troup County property digest, issued a decal, or building permit until a placement approval is provided by said application. The application shall be available in the Community Development Department.

(c)

Issuance of Permit. Any owner of a manufactured home, whether locating or relocating said manufactured home, shall obtain a building permit from the Building and Inspections Department of Troup County indicating compliance with all applicable codes before any person or persons are authorized to occupy any newly installed manufactured home.

(d)

Permit Procedures. A manufactured home permit to move a manufactured home into or within the County shall not be issued until the following conditions have been met in accordance with established procedures.

(e)

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

(f)

For individual lots outside of a manufactured home park, a septic tank certificate shall be obtained from Troup County Health Department for onsite sewage disposal, or in the event that sewer will be provided, a letter shall be provided by the local government providing the service verifying they will allow public sewer hookup.

(g)

For purposes of this section, the building and inspections office shall issue the aforementioned building permit, and the health department shall issue the aforementioned septic tank certificate. Upon issuance of the required permits, a manufactured home may be moved into the County or within the County and installed for occupancy, provided it has obtained approval either from the Board of Commissioners or the Community Development Director if it is a replacement manufactured home.

(h)

All manufactured homes located in the unincorporated County shall adhere to the appearance standards for type I (individual housing lots outside manufactured home parks) or type II housing (for manufactured homes located in manufactured home parks) set forth in Article V. Civic Design.

(i)

All manufactured homes or offices located on individual lots that meet or exceed the housing appearance standards for type I houses may be considered for approval at the discretion of the Community Development Director, provided that the proposed manufactured housing unit (MHU) meets all of the following:

(i)

The proposed MHU meets the standards for type I houses in Sec. 5.2;

(ii)

Preowned manufactured home units shall be required to obtain the following before being approved to locate or relocate into the county:

a.

A signed affidavit that the pre-owned unit meets health and safety standards.

b.

Photographs providing evidence that the minimum health and safety standards are met.

c.

Inspection. The building inspector or code enforcement officer shall inspect the pre-owned manufactured home unit prior to it being relocated to or within the county. If located outside of the county, an inspection report provided by a reputable inspector will be accepted. The lot on which the MHU is to be sited is a conforming lot, and the site meets the zoning district's requirements.

(iii)

The MHU is a replacement manufactured home or office unit;

(iv)

A permit for the demolition shall be issued for any residential structure existing on the lot, parcel, or tract on which the manufactured unit is to be located prior to any replacement manufactured unit;

(v)

No existing MHU to be replaced may be converted for use as an accessory structure (storage);

(vi)

The MHU is a replacement home located on a parcel where a manufactured home has not been physically located for more than 10 years, and a site inspection by the Community Development Director has been conducted to determine if conditions of the original approval have changed.

(vii)

Some conditions that may cause denial of administrative approval are: Changes in zoning of the subject or surrounding parcels; Area has been developed with uses not compatible with manufactured home placement; Property owner being in violation of nuisance or other County ordinances at the time of application; Other conditions that require a variance; and Decal and property taxes are current.

(j)

All other manufactured home placement applications shall be approved by the Board of Commissioners prior to being issued a permit. An application for Manufactured Home Placement may be obtained from the Community Development Department. The application will be put on the next regularly scheduled Board of Zoning Appeals and Planning Commission agenda for a recommendation from that body to the Board of Commissioners for approval, denial, or continuance. There will be a public hearing and notice posting as required in Article XII.

(k)

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

(l)

Minimum health and safety standards for pre-owned manufactured home units:

(1)

HUD Code: Every pre-owned manufactured home unit located in the county shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 41 U.S.C. 5401-5445, and shall not have been altered in such a way that the home no longer meets the HUD code.

(2)

Interior condition. Every floor, interior wall, and ceiling of the pre-owned manufactured home unit shall be in sound condition. Doors and windows shall be operable, watertight, and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(3)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home. The exterior appearance shall be similar to that of a new home.

(4)

Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected.

(5)

Electrical systems. Switches, receptacles, fixtures, etc., shall be properly installed and wired and in working condition.

(6)

Egress windows. Each bedroom shall have at least one operable window of sufficient size to allow egress if necessary.

(7)

Ventilation: The kitchen shall have at least one operating window or other ventilation device.

(8)

Smoke detectors. Each pre-owned manufactured home unit shall contain one operable battery-powered smoke detector in each bedroom, which must be installed in accordance with the manufacturer's recommendations.

(m)

Installation Requirements. All newly installed manufactured homes shall be permanently connected to water, sewerage, and electrical service in compliance with applicable health codes and Department of Human Resources (DHR) rules in Chapter 120-3-7 Rules and regulations for manufactured homes, including rules made and promulgated by the Georgia State Fire Commissioner. All manufactured homes shall be installed on an approved pier system and secured with approved tie-down devices, an approved plumbing system, an approved electrical system, and an approved landing at each exit as required by the aforementioned rules, regulations, and in compliance with appearance standards for the appropriate zoning district. Each manufactured home shall be installed such that the finished floor level of the manufactured home shall not exceed an average height higher than 80 inches in elevation from the finished grades, in accordance with Chapter 120-3-7 Rules and regulations for manufactured homes. All manufactured homes shall be installed to meet the manufacturer's regulations. At the time of inspection, the space beneath each manufactured home shall be enclosed by cement blocks with mortar with the exception of ventilation and access openings, and in compliance with appearance requirements in article V. The residential zone of each manufactured home will dictate which type it must meet (see sec. 5.2). The enclosing materials shall extend from the lower edge of the exterior walls of the manufactured home to the ground surface level of the pad on which it is located. All ventilation and access openings shall be covered with wire mesh screen or its equivalent.

(n)

Inspection for Manufactured Homes. The following requirements shall pertain to the installation of manufactured homes on individual lots or in parks.

(o)

Foundation. The building inspector shall require the foundation to be inspected to ensure compliance with the rules and regulations for manufactured homes, as may be subsequently revised. These rules and regulations for manufactured homes are incorporated as a part of this ordinance by reference. Until the foundation is inspected and approved by the building inspector, no additional work will be approved.

(p)

On-Site Sewerage. Where individual on-site sewerage systems are installed with public or community water systems, the minimum lot size shall be no less than required in the zoning district in which the home is located. All on-site sewerage systems shall be subject to the Troup County Health Department's approval.

(q)

Electrical. The building inspector shall require inspection of the external electrical system to ensure compliance with the current National Electrical Code, as amended.

(r)

Gas. The building inspector shall require inspection of the external gas system to ensure compliance with the current standard gas code, as amended.

(s)

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

(t)

Occupancy of Recreational Vehicles. No recreational vehicle shall be permanently occupied within any manufactured home park development, nor connected to permanent water or electrical power, and no manufactured home location permits shall be issued for recreational vehicles.

(2)

Manufactured Home Parks.

(a)

Procedures for Development. Manufactured home parks may be developed on any parcel of land that is zoned or may be zoned for a manufactured home park (SD-MH). Where three (3) or more homes are located on one (1) tract of land, it shall be defined as a manufactured home park, and any expansion of existing manufactured home parks shall meet the requirements of this section. All manufactured home parks developed after the adoption of this ordinance shall meet the following site plan requirements:

(b)

Site Plan Approval Required. All manufactured home park developments shall require site plan approval by the Board of Zoning Appeals and Planning Commission in accordance with the procedures and requirements established herein. Site plans required herein for the placement of three (3) or more residential units shall contain the seal of a Georgia-registered engineer or surveyor. No building permits shall be issued for sites within any development until final approval is granted, subject to all park plan requirements.

(c)

Park Plan Submittal Requirements. All park plans shall be submitted to the Community Development Director, accompanied by the required fee payment as established by Troup County.

(d)

The name of the proposed park, and the name, address, and telephone number of the applicant.

(e)

Location map and legal description of the manufactured home park, north arrow (designated magnetic or true).

(f)

Complete plans to scale of one (1) inch equals not more than 100 feet and specifications of the proposed park showing:

(i)

The area and dimensions of the tract of land, including topographic data at a contour interval of not more than five (5) feet or an interval appropriate for decision making on the tract, and including the location and type of soils on the tract. Statement of accuracy signed by surveyor, engineer, or soil scientist as applicable.

(ii)

The number, location, and dimensions of all manufactured home lots.

(iii)

The location and width of roads or streets; the location and size of drainage mechanisms proposed, including the size of each application drainage area.

(iv)

The location of service buildings (laundry service, office, community building, etc.) and other proposed structures.

(v)

The location of water and sewer lines and riser pipes.

(vi)

The plans and specifications of the water supply and refuse disposal facilities.

(vii)

The plans and specifications of all buildings to be constructed within the park.

(viii)

The location of road or street lights, if applicable.

(ix)

The locations of bulk refuse containers, perimeter walls, and park signs.

(x)

A soil erosion and sedimentation plan meeting the requirements of the Soil Erosion and Sedimentation Act.

(xi)

The certification from the appropriate authority on water and sewer acceptability.

(g)

Development Compliance. All required improvements, according to the site plan approved by the Board of Zoning Appeals and Planning Commission, shall be installed in each phase before the issuance of building permits.

(h)

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every manufactured home park shall adhere to the following:

(i)

All roads or streets shall be paved with curb and gutters, and in accordance with Troup County standards.

(ii)

All areas designated as yards shall be planted with grass or acceptable vegetative shrubs or flowers.

(iii)

Any walkways to front or back entrances shall be covered with stone or other solid material capable of preventing soil erosion and eliminating objectionable dust.

(i)

Location and Frontage. A manufactured home park development shall be located on property with a minimum frontage of 100 feet on a public road or street.

(j)

Site Drainage Requirements. The ground surface in all parts of every park site shall be graded and equipped to drain all water in a safe, efficient manner.

(k)

Roads and Streets. All manufactured home parks shall contain a road or street system designed to provide convenient circulation within the park, and shall have at least one unobstructed access to a public road, street or highway for every 30 homes. The following requirements shall apply to the development of the park street system.

(l)

All internal streets shall meet the minimum requirements of Troup County standards for roads and streets.

(m)

All cul-de-sacs shall be constructed with a minimum 50-foot radius.

(n)

All park streets shall be maintained in good repair at all times by the owner(s) of the park if roads or streets are private.

(o)

Street design, base preparations, and surface construction materials shall meet the requirements of the County road and street standards. Written approval of the road/street system by the County engineer shall be required and any required maintenance or performance bonds shall be received by the roads and engineering department before any building permit is issued.

(p)

Road and street naming, address assignment and display shall comply with the Troup County Comprehensive Address Assignment and Display Guide.

(q)

Off-Street Parking Requirements. A minimum of two off-street parking spaces per lot shall be provided in all manufactured home parks for the use of park occupants and guests.

(r)

Lot Area and Width. A manufactured home park development shall have a minimum area of 10 contiguous acres with 30 percent for roads, streets and other improvements including the requirements of 11.3-8. Individual unit spaces shall consist of a minimum 1,200 square feet per unit.

(s)

Recreation and Other Community Facilities. Not less than 10 percent of the total area of the development shall be devoted to recreation and other facilities such as a laundry, community center or other similar facilities.

(t)

No manufactured home or accessory building or structure shall be located closer than 50 feet to any park perimeter property boundary.

(u)

Each manufactured home shall be setback from any other manufactured home by at least 40 feet.

(v)

There shall be a minimum distance of 25 feet between any individual manufactured home and an adjoining street, common parking areas, or other common areas.

(w)

Perimeter Buffer Required. An undisturbed buffer consisting of trees and other landscaping material at least 50 feet in width shall be provided and maintained around the entire perimeter of a manufactured home park. Provided, however, any underground utilities may be placed within this buffer, but no closer than 25 feet from the perimeter of the park boundary. The property owner shall be responsible for the maintenance of the buffer, which shall be so maintained as to present a neat and orderly appearance and shall be kept free from refuse and debris.

(x)

Lighting. All manufactured home parks shall have lighting of height, spacing and intensity so that each home site is accessible, and parking is appropriately illuminated.

(y)

Governmental Water System: All manufactured home parks shall connect to an existing public water system if such system is located within 1,000 feet of the proposed park. The availability and adequacy of a public water supply shall be confirmed by the applicable agency having jurisdiction. If the public water supply is determined to be unavailable or inadequate for service, the Board of Zoning Appeals and Planning Commission may waive the requirement and allow an alternative water supply source.

(z)

Non-Governmental Water System: Well and water distribution system must meet the standards for a community water system in accordance with the rules of Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-5, "Rules for safe drinking water," as amended and be approved by the Troup County Health Department.

(aa)

Sewerage Disposal and Treatment: All manufactured home parks shall be required to provide either:

(i)

A public sewerage treatment system approved by the Georgia Department of Human Resources; or

(ii)

An onsite sewerage management system approved by the Troup County Health Department.

(iii)

An onsite sewerage treatment system that is approved by the Georgia Department of Natural Resources, Environmental Protection Division. On-site, decentralized systems shall meet the requirements of Troup County.

(bb)

Electrical: All electric installations shall meet the requirements of the current National Electrical Code, as amended.

(cc)

Refuse Collection Facilities: Each manufactured home park shall be provided with a sanitary method of solid waste collection and disposal. Collection facilities shall be either in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two (2) individually covered refuse containers having a capacity of 30 gallons or more for each occupied lot. Bulk containers shall be enclosed with a minimum of four (4) feet high chain link fence and placed upon a concrete pad, extending at least 18 inches around each container perimeter. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection services shall be provided at least once weekly and conveyed to the nearest approved sanitary landfill. Refuse areas shall be maintained in a clean, sanitary manner so as not to attract, harbor, or breed insects, rodents, or any manner of vermin or pest.

(dd)

Service Buildings. Accessory structures and community service facilities are hereby permitted for the convenience and well-being of park residents. Such structures shall conform to the International Building Codes adopted by Troup County, as amended, and may include, but are not limited to, the following uses:

(i)

Park management offices and storage;

(ii)

Community postal facilities;

(iii)

Indoor community recreation areas; and

(iv)

Others as listed in the table of permitted and prohibited uses in Section. 6.1.

(ee)

Restrictions on Occupancy: A manufactured home shall not be occupied for dwelling purposes unless it has met the installation requirements in this ordinance. The manufactured home shall require the approval and inspection by a Building Inspector of Troup County.

(3)

Residential dwellings. All residential dwelling uses shall be occupied by the same person or family for 30 or more consecutive days and shall be prohibited from having paying guests for less than 30 days.

(Ord. No. 2025-03, 6-3-2025)

(1)

Personal Care Home, Assisted Living Facility, Nursing Homes.

(a)

All Facilities. Where a personal care home, assisted living facility, or nursing home is allowed or requires a special permit, it is subject to the following:

(i)

Persons seeking to operate such a facility must file a permit application with the County along with any fees established by the Board of Commissioners.

(ii)

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

(iii)

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

(iv)

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

(v)

If the Community Development Director determines that an application to operate the facility has met all applicable requirements including the applicable permit requirements delineated in the Table of Permitted and Prohibited Uses for the respective zoning district of the proposed use, the Community Development Director shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health.

(vi)

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

(vii)

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

(viii)

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

(ix)

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

(x)

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

(xi)

The managing caregiver of a personal care home (one (1) to three (3) residents) must be a full-time resident of the facility. The managing caregiver shall not count towards the one (1) to three (3) residents requirement.

(xii)

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

(xiii)

A floor plan to scale, health department approval, and fire marshal's approval shall be submitted with the 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.

(xiv)

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

(xv)

There shall be two (2) exits per floor level, at least one (1) 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.

(xvi)

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

(xvii)

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

(xviii)

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

(xix)

All personal care facilities will meet occupancy load requirements as per the Community Development Director and fire marshal requirements.

(b)

Personal Care Home, Assisted Living, Nursing Home Requiring a Public Hearing. When a personal care home, assisted living facility, or nursing home requires a special permit, the following items shall be considered in determining whether the facility shall be approved:

(i)

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

(ii)

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

(iii)

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

(2)

Rooming house, Boarding house.

(a)

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

(b)

Such uses shall be required to obtain a business license.

(Ord. No. 2025-03, 6-3-2025)

(1)

Construction field office.

(a)

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

(b)

Such uses shall only be occupied during normal business hours.

(c)

Such uses shall be prohibited from being used for sleeping accommodations.

(2)

Open-air seasonal sales.

(a)

It is unlawful for any person to place, use, or employ open-air sales on private property without first obtaining a special event permit (see [appendix C] article VI.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(3)

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

(4)

Special events (private).

(a)

See [appendix C] article VI of the UDO for regulations pertaining to special events.

(5)

Temporary portable storage container.

(a)

In the AG-R, LR, SU-R, SU-VL, UR-VL, and SD-MH zoning districts, temporary storage containers shall be temporarily authorized as an accessory structure only when in compliance with each of the following requirements:

(i)

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

(ii)

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

(6)

Warming centers.

(a)

Warming centers shall be permitted when weather conditions pose a hazard to the health of vulnerable persons in the community.

(b)

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

(c)

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

(d)

Warming centers shall provide proof of affiliation with an established non-profit organization.

(7)

Yard/Garage sales.

(a)

Only three (3) yard sales are permitted per property per year.

(b)

A yard sale shall not exceed 96 continuous hours and must be held in conjunction with a weekend.

(c)

Vehicular parking shall not be permitted in locations otherwise prohibited by this article or other County regulations.

(Ord. No. 2025-03, 6-3-2025)