(a)

Travel trailer parks. Travel trailer parks are not allowed in the city.

(b)

Mobile homes. Individual mobile homes are not allowed in the city.

(c)

Mobile home parks. Mobile home parks are not allowed in the city.

(d)

Modular units. Modular buildings are not allowed in the city.

(Ord. of 5-2016(2), § 10.1)

(a)

Accessory buildings. The location of accessory buildings and use in residential districts must meet the following requirements:

(1)

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and, therefore, such requirements applicable to the main building shall be applicable to the accessory building.

(2)

A detached accessory building shall not be closer than 20 feet to the main building, nor closer than ten feet to the lot line.

(3)

A detached accessory building, not more than two stories in height, may be constructed on not more than 30 percent of the rear yard.

(4)

No detached accessory building may be located on the front yard of a lot.

(b)

Temporary buildings. Temporary buildings used in conjunction with construction work may be permitted in any district and shall be removed within 30 days of completion of construction.

(Ord. of 5-2016(2), § 10.2)

Home occupations, where permitted, must meet the following special requirements:

(1)

The applicant must be the owner of the property on which the home occupation is to be located, or must have written approval of the owner of the property if the applicant is a tenant.

(2)

The home occupation shall be operated only by the members of the family residing on the premises.

(3)

The home occupation shall be located in the main building and/or accessory building and shall not occupy more than 25 percent of the floor area within said main building but may occupy all of the one accessory building.

(4)

The home occupation shall not generate excessive traffic or produce obnoxious odors, glare, noise vibration, electrical disturbance, or radioactivity or other conditions detrimental to the character of the surrounding area.

(5)

The building in which the home occupation is to be located must be an existing structure ready for occupancy and not a proposed structure.

(6)

Parking for the home occupation shall be restricted to the rear of the main dwelling.

(Ord. of 5-2016(2), § 10.3)

Automobile service stations, garages and detail shops within the districts permitting automobile service stations, the following requirements shall apply:

(1)

Location. The building of an automobile service station shall not be within 100 feet of any property containing a school, public playground, church, hospital, public library, institution for children or institution for the elderly.

(2)

Site requirements. An automobile service station shall have a minimum frontage on the primary street of 120 feet. All buildings shall be set back 40 feet from all street right-of-way lines and all canopies shall be set back 15 feet from all street right-of-way lines.

(3)

Access to site. Vehicular entrances or exits at an automobile service station:

a.

Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof.

b.

Shall contain an access width along the curb line of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 20 feet to a street intersection or closer than ten feet to the adjoining property.

c.

Shall not have any two driveways, or curb cuts, any closer than 20 feet at both the right-of-way line and the curb or edge or the pavement along a single street.

(4)

Gasoline pump islands. All gasoline pump islands shall be set back at least 15 feet from the right-of-way line and shall be measured from such line; and where pump islands are constructed perpendicular to the right-of-way line; however, the pumps shall be at least 60 feet from the centerline of an arterial street, 55 feet from the centerline of a collector street and 45 feet from the centerline of other streets.

(5)

Off-street parking. A minimum of two marked off-street parking spaces are required with an additional marked off-street parking space for each bay.

(6)

Other site improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

a.

A raised curb of at least six inches in height shall be erected along the street property lines, except for driveway openings.

b.

A solid fence or wall six feet in height shall be erected along all adjacent property lines bordering any adjacent residential lot.

c.

Signs shall meet the requirements in the city sign ordinance and shall not be placed within the public right-of-way, and shall not obstruct the visibility of drivers or pedestrians.

d.

All drives, parking, storage, and service areas shall be paved and curbed, and a good stand of grass shall be maintained on the remainder of the lot.

e.

Containers stored outside aboveground for the use or storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gasses shall be prohibited at any automobile service station in all zoning districts.

(Ord. of 5-2016(2), § 10.4)

Cemeteries within the districts permitting cemeteries, the following requirements shall apply:

(1)

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

(2)

Any new cemetery shall be located on a site containing not less than 20 acres.

(3)

All structures shall be set back no less than 35 feet from any property line or street right-of-way line.

(4)

All graves or burial lots shall be set back not less than 35 feet from any property line or minor street right-of-way lines, and not less than 50 feet from any collector, arterial, expressway, or freeway right-of-way line.

(5)

The entire cemetery property shall be landscaped and maintained.

(Ord. of 5-2016(2), § 10.5)

Fallout shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

(1)

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the code enforcement officer.

(2)

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

(3)

A fallout shelter, underground or aboveground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

(4)

Fallout shelters may obtain or be contained in other structures of may be constructed separately.

(5)

Fallout shelters may be used for permissible use in the district where situated.

(Ord. of 5-2016(2), § 10.6)

Any automobile, vehicle, or trailer of any kind or type without a valid license plate attached thereto (except farm equipment) shall not be parked or stand on any residentially zoned property or other zoned property unless it shall be in a completely enclosed building.

(1)

No automobile, vehicle, or trailer of any kind or type, which shall be in an inoperative or junk condition, shall be parked or stand on any residentially zoned property or other zoned property unless:

a.

It shall be in an enclosed building;

b.

It shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise;

c.

It shall be on property occupied and used for repair, reconditioning, or remodeling of vehicles in conformance with the zoning ordinances; or

d.

It shall be farm equipment, excluding trucks.

(2)

Nothing in this division shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

(3)

An inoperative or junk condition shall include, but not be limited to, any automobile, vehicle, trailer of any kind or type, or contrivance or part thereof (except farm equipment) the condition of which is one or more of the following:

a.

Wrecked.

b.

Dismantled.

c.

Partially dismantled.

d.

Inoperative.

e.

Abandoned.

f.

Discarded.

g.

One which does not have a valid license plate.

(4)

This division shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles or contrivances within the incorporated limits of the city. It shall be supplemental and in addition to the other regulations and regulatory codes, ordinances, statutes, or provisions of law heretofore and hereinafter enacted by the city, state, or other legal entity or agency having jurisdiction.

(5)

Sign ordinance; planning and zoning involvement. The city sign ordinance is a stand-alone city ordinance; however, the planning and zoning commission has been given certain powers of regulatory authority within this division.

(Ord. of 5-2016(2), § 10.7)

Any lawfully existing mobile or manufactured home in existence at the enactment of this division but otherwise not complying with this division is grandfathered. The use of the mobile or manufactured home may be continued subject to the following conditions:

(1)

Any mobile or manufactured home or portion thereof declared unsafe by an appropriate governing authority may be restored to a safe condition, provided the requirements of this division are met.

(2)

No lawfully existing nonconforming mobile or manufactured home can be structurally altered, except repairs on the unit or installation of plumbing fixtures required by law, changing of interior partitions, or interior remodeling. Improvements on a lawfully existing nonconforming mobile or manufactured home shall not exceed 50 percent of the value of the building as determined by the building official.

(3)

No lawfully existing nonconforming mobile or manufactured home, except those used as residential dwellings and needing repairs on the unit or installation of plumbing fixtures as required by law, can be substantially added to or extended in any manner unless such building is changed to conform with the provisions of this division.

(4)

A nonconforming mobile or manufactured home shall not be extended to include either additional building or land.

(5)

Unless otherwise specified, a lawfully existing nonconforming mobile or manufactured home that is destroyed (damage equals or exceeds 50 percent of the structures' replacement value as determined by the building official), through no intent of the owner, may not be replaced, reconstructed or restored to the same nonconforming use.

(6)

A lawfully existing nonconforming mobile or manufactured home which became such after the adoption of the ordinance from which this division is derived and which has been discontinued for a continuous period of six months, shall not be reestablished and any future use shall not be counted towards the time periods of this section.

(Ord. of 5-2016(2), § 10.9.8)

(a)

No person or entity shall use or allow their property to be used as a short-term rental without first obtaining a license from the City of Winterville and paying all required taxes and fees.

(b)

No licensee shall transfer the right to operate under any license issued under this chapter to any other person or entity by lease, agreement, contract, or any other agreement.

(c)

No license issued under this chapter may be operated or shall have any legal effect at any location other than those for which it is issued.

(d)

A short-term rental license by may obtained by a short-term rental owner for their domicile and one additional short-term rental property. A property owner who desires to own or operate two short term rentals within the City of Winterville must register one property as the owner or operator's domicile.

(e)

Applicants for a short-term rental license shall submit, on an annual basis, an application for a short-term rental license to the City of Winterville accompanied by a non-refundable application fee in the amount of $150.00. Such application should include:

(1)

The address of the unit to be used as a short-term rental;

(2)

The name, address, telephone number and email address of the owner;

(3)

The number and location of parking spaces allotted to the premises.

(f)

The City of Winterville may deny an application for a short-term rental license or revoke a short-term rental license following notice to the applicant or licensee and a hearing before the mayor and city council. The applicant or licensee is entitled to present evidence and cross-examine witnesses at said hearing. The mayor and city council may deny the application or revoke the license following the hearing if it finds, by the preponderance of the evidence, one or more of the following:

(1)

The applicant or licensee provides false or misleading information to the City of Winterville;

(2)

The applicant or licensee fails to pay any taxes, fees, or other sums due to the City of Winterville or State of Georgia;

(3)

The applicant or licensee has violated any laws of the State of Georgia or ordinances for the City of Winterville;

(4)

The vehicles parked at a premises exceed the number of parking spaces allotted to the premises;

(5)

The applicant or licensee owner has failed to respond or cooperate with complaints or investigations concerning the use of the premises as a short-term rental;

(6)

The licensee or applicant fails to register its domicile with the City of Winterville; or

(7)

The premises become a nuisance which may include, but is not limited to, the presence or maintenance of: excessive noise or loud music; illegal sale or use of drugs, controlled substances, or alcohol; unruly, violent, or unlawful behavior; littering or accumulation of trash; unhealthy or unsanitary conditions; or anything that causes hurt, inconvenience, or damage to another provided that any inconvenience complained of shall not be fanciful, or such would affect only one of fastidious taste, but shall be as would affect an ordinary, reasonable person.

(g)

Any decision from the mayor and city council of Winterville denying an application for a license or revoking a license shall be in writing and shall include written findings of fact supporting the decision. Any applicant or licensee whose application is denied or revoked shall be prohibited from applying for a short term rental license for a period of 24-months following the decision. Any applicant or licensee aggrieved by the decision of the mayor and city council may seek judicial review with the superior court of Athens-Clarke County in the manner prescribed by law.

(Ord. No. 2023-0001, § 2, 6-13-2023)