The ARR, agricultural-rural residential district is established to preserve and maintain a compatible land use relationship in the rural environs of unincorporated Banks County, free from uses that have intensive agricultural, commercial, industrial, or other nuisance characteristics. No tract of land in ARR can consist of less than two acres and be considered a buildable lot (except lots of record.) No tract of land in ARR may be subdivided into less than two acres for any purpose other than a family cemetery. To be considered for rezoning to ARR, a parcel must contain a minimum of two acres.

The siting of private landfills in this district is inconsistent with the intent of this district.

(Res. No. 98-22, § 1(601), 12-9-1998; Ord. No. 2024-39, § 1, 6-11-2024)

1.

Accessory uses and structures normally incidental to one or more permitted principal uses, except as otherwise provided in this article.

2.

Family, church or other nonprofit cemeteries.

3.

Churches, temples, synagogues, places of worship, clubs, lodges, fraternal institutions and other places of assembly for nonprofit membership groups located on at least five acres of land.

4.

Dwellings, single-family.

(i)

1,000 minimum square feet of heated space, excluding garages and porches;

(ii)

Driveway permit required for Certificate of Occupancy;

(iii)

Driveway pipes on county roads;

(iv)

Road Department provides required specifications for pipes on driveways; and

(v)

Lots in Class I Subdivision may share a common driveway.

5.

Farm buildings, including barns, grain storage bins, implement sheds, and structures accessory to agricultural uses, but not housing any animals or storing waste or other byproducts thereof.

6.

Home occupations, as defined in article III and limited in section 417.

7.

Mobile homes and manufactured homes on individual lots, subject to the requirements of the Banks County Mobile/Manufactured Home Ordinance as amended from time to time.

8.

Parks, playgrounds, community centers, tennis courts, swimming pools and other noncommercial recreational facilities located on at least five acres of land if not incidental to a residential dwelling. All residential swimming pools, aboveground or in-ground, shall be at least ten feet from all property lines and be enclosed by a fence at least four feet in height.

9.

Produce stands, provided products sold are those grown or produced on the premises, and provided such stands are located outside of any public right-of-way.

10.

Public buildings and uses.

11.

Schools, public elementary, middle and secondary, and public and private colleges and universities located on at least five acres of land.

12.

Home schooling for the residents of the dwelling on the property.

13.

Agricultural uses (excluding animal waste lagoons), including forestry, commercial greenhouses and plant nurseries (wholesale and retail), livestock (except dairies, hog parlors, and feed lots), and poultry [except turkey ranges and commercial egg operations (caged layers)], provided that no structure housing poultry or other livestock as permitted herein is located closer than 800 feet from an existing dwelling unit other than that of the property owner and 400 feet from any common property line.

14.

Barns which house animals that are not being raised for commercial purposes, except for isolated sales not in the ordinary course of business, including, without limitation, poultry, cats, livestock, horses, goats, sheep, mules and donkeys, located no closer than 50 feet from any adjacent property line.

15.

Class I Subdivisions shall comply with Banks County Subdivision Regulations but all lots shall be at least two acres.

16.

Farm structures for the temporary storage of poultry littler, other manure or other dust-producing substances produced on the owner's property, provided that all such structures shall be located a minimum of 200 feet from any property line and 400 feet from any residences.

17.

Commercial kennels, provided such structures shall be located a minimum of 400 feet from any adjacent property line and 800 feet from any residence on adjacent property.

18.

Kennels which are located 50 feet or more from any adjacent property line and 200 or more feet from any existing residence on adjacent property.

19.

Television, land mobile, communication, broadband, microwave, and radio transmission antennae and towers, (collectively "towers and antennae") not including studios or offices, provided the height of such towers and antennae exceed 70 feet in height and do not exceed 150 feet without specific authorization from the Federal Aviation Administration and the Federal Communications Commission. All towers and antennae must be set back a distance equal to the full height of the tower from all property lines. The applicant at the time of filing the application shall provide a site plan and information regarding topography, coverage zone, tower height and a signed tower easement to the planning and development office along with applicable fees. Accessory structures shall be limited to usages associated with the operation of the antennae or towers and shall be appropriate in scale and intensity. Upon approval of the application by the building official, a notice to proceed shall be granted to the applicant. After the tower is erected and before a tower is permitted for operation, the building official shall issue a certificate of completion. All towers and antennae not used to transmit signals or communications for a period of 12 consecutive months shall be removed from the property where the towers and antennae are located.

(Res. No. 98-22, § 1(602), 12-9-1998; Res. No. 2000-19, § 1, 7-12-2000; Ord. No. 2003-35, §§ 1, 2, 11-11-2003; Ord. No. 2004-18, § 4, 7-13-2004; Ord. No. 2015-12, § 4, 7-14-2015; Ord. No. 2022-11, §§ 1—3, 2-8-2022)

1.

Boarding homes, dormitories, lodging houses, and mobile homes and manufactured homes for agricultural workers, provided such dwellings are located on a farm with a minimum size of 20 acres in active agricultural production, provision is made to meet all applicable public health requirements, and provided such lodging is intended only for the temporary or seasonal housing of farm workers.

2.

Shared driveways other than in Class I Subdivisions are not permitted.

3.

Campgrounds for not more than ten spaces for vehicles (recreational vehicles and campers). If approved as a conditional use, campgrounds with not more than ten spaces shall not have to comply with Chapters 50 and 51 of the Code of Banks County. In addition, there must be 20 contiguous acres of land to qualify for a conditional use.

4.

Commercial cemeteries.

5.

Churches, temples, synagogues, places of worship, clubs, lodges, fraternal institutions and other places of assembly for nonprofit membership groups located on less than five acres of land.

6.

Nurseries and greenhouses for the growth and sale of plants, trees and shrubs (wholesale and retail) provided that any structure housing the plants, trees and shrubs shall be at least 100 feet from all property lines.

7.

Short-Term Rentals (STR)—residential rentals, no longer than seven consecutive days.

8.

Schools, parochial or private, offering courses in general education not operated for profit.

9.

Barns, kennels and/or other structures which house small numbers of animals that are not being raised for commercial purposes except for isolated sales not in the ordinary course of business, including, without limitation, poultry, livestock, horses, goats, sheep, mules, dogs, cats, and donkeys, located closer than 50 feet from any adjacent property line.

10.

Any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any horse, donkey, burro or mule, provided that no structure or corral housing such animals is located closer than 400 feet from an existing dwelling other than that of the property owner and 200 feet from any adjacent property line.

11.

Schools, public elementary, middle and secondary, and public and private colleges and universities located on less than five acres of land.

12.

Agricultural uses (excluding animal waste lagoons), including forestry, livestock (except dairies, hog parlors, and feed lots), and poultry [except turkey ranges and commercial egg operations (caged layers)], provided that no structure housing poultry or other livestock as permitted herein or containing manure or other dust-producing substances is located closer than 400 feet from an existing dwelling unit other than that of the property owner and 200 feet from any common property line.

13.

Commercial kennels, if such structures shall be located closer than 400 feet from any adjacent property line and/or closer than 800 feet from any residence on adjacent property.

(Res. No. 98-22, § 1(603), 12-9-1998; Ord. No. 2002-13, § 6, 7-9-2002; Ord. No. 2003-35, § 3, 11-11-2003; Ord. No. 2004-18, § 5, 7-13-2004; Ord. No. 2005-29, § 2, 9-13-2005; Ord. No. 2015-12, § 3, 7-14-2015; Ord. No. 2022-12, §§ 1, 2, 2-8-2022; Ord. No. 2024-32, § 1, 5-14-2024)