The agriculture district is a district in which the principal use of land is for farming, dairying, and other agricultural activities. Forestry operations are also permitted. It is the intent of this zoning district that land needed and used for agriculture be protected from encroachment by residential, commercial or industrial development.

(Ord. No. 2006-5, § 1, 10-24-06)

The following shall be permitted uses in an AG district:

1.

Churches.

2.

[Reserved.]

3.

Farm buildings.

4.

Farm, including livestock, game birds and poultry raising, dairying, horticulture and other similar bona fide agricultural endeavors or use of land.

All commercial feed lots, poultry facilities and other livestock confinement or structures designed to or capable of housing or confining more than 100 animals or poultry shall have a setback of at least 500 feet from any property line and a setback of at least 1,500 feet from any pre-existing residence and 2,000 feet from all residential zoned districts. Commercial feed lot/poultry facility's animal husbandry structures shall not be located closer than 500 feet to a property line or right-of-way line and 1,500 feet from any habitable residential use dwelling on neighboring/adjacent property excluding any residential dwelling on the same property owned by the livestock/poultry landowner. Any compost/dry stack houses shall be setback 1,500 feet from any property line. No feed lot/chicken houses shall be located within 300 feet of any areas designated as a 100-year flood zone. Commercial feed lot/poultry facility's animal husbandry structures shall not be located closer than 2,000 feet from any existing property, which is zoned as residential districts. Maximum size of buildings, which house animals or poultry, shall be 50 feet × 600 feet. Maximum number of poultry buildings shall be eight (8). Each parcel with a structure or facility capable of confining more than 1,000 poultry shall also have located thereon a dry stack house, designed by a certified engineer or architect for dry composting poultry manure generated on the premises. Poultry for the purpose of this paragraph does not include game birds such as quail, pheasant, and waterfowl.

5.

Greenhouses and nurseries, both wholesale and retail.

6.

Home occupations.

7.

Horse stables and riding schools/academies.

8.

Bed and breakfast, vacation rentals, plantation lodging, excluding hotels and motels.

9.

[Reserved.]

10.

Public, parochial and private schools designed for children of elementary school, junior high school and senior high school age.

11.

Public utility buildings, telephone exchange buildings, electric transformer (sub)
stations and fuel regulator stations which are considered by the building official to be necessary for the provision of essential services by governmental agencies or public utilities. The design standards applicable shall be those for single-family dwellings in the R-1 zoning district. Electric transformer (sub)stations shall be surrounded by a chain link fence at least six feet in height.

12.

[Reserved.]

13.

Temporary assembly, for periods not exceeding 30 days and subject to the building and electrical codes of the governing body and regulations of the Colquitt County Public Health Department.

14.

Veterinary clinics and animal hospitals.

15.

A single-family dwelling for a farm owner or farm worker is not required to be located on a lot which abuts a public road. One single-family dwelling shall be permitted for each two acres of lot area. Manufactured homes are allowable, provided they meet state law requirements, and are provided with skirts. Manufactured homes must be compliant with all HUD (Housing and Urban Development) or DCA (Department of Community Affairs) regulations, requirements and certifications.

16.

A single-family dwelling not inhabited by a farm owner or agricultural worker shall be constructed with a minimum of 150 feet of frontage along a public road.

a.

A tract of land that is a minimum of two acres and at least 250 feet from the right-of-way shall have a minimum of 30 feet of frontage along a public road.

17.

Accessory uses customarily incidental or any of the other uses itemized in this ordinance, when located on the same premises.

a.

Roadside stands for the sale of seasonal fruits and vegetables as per state regulations.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2007-1, § 1, 4-16-07; Ord. No. 2010-2, § 1, Exh. A, 4-19-10; Ord. No. 2015-2, 2-3-15; Amend. of 3-22-18; Ord. No. 2021-5, 9-7-21)

The following special uses shall be permitted in an AG district after approval of the planning commission/county commission:

1.

Cemeteries.

2.

Publicly owned and operated service and storage yards.

3.

Public utility service and storage yards.

4.

Commercial dog kennels.

5.

Libraries, parks and other recreational facilities.

6.

Monastery, convent, or other religions community.

7.

All commercial communication towers.

8.

Solar farms that satisfy the criteria of section 19.07 governing standards for solar farms and any other ordinances or conditions applicable to solar farms.

(Ord. No. 2006-5, § 1, 10-24-06; Res. No. 2017-R-5, 6-6-17)

1.

Automobile graveyard.

2.

Junk.

3.

Junkyard.

4.

Scrap processor.

(Ord. No. 2006-5, § 1, 10-24-06)

The following design standards shall apply in an AG district;

1.

Minimum lot area: Two acres.

2.

Minimum lot width at the building line: 150 feet.

3.

Minimum setback requirements (measured from building line to property line):

a.

Front yard setback: 45 feet.

Exception: The principal agricultural buildings on a farm shall be located at least 50 feet from the right-of-way of any public road.

b.

Side yard setback: 25 feet.

c.

Rear yard setback: 50 feet.

d.

Any accessory building related to the agricultural operations of the farm on which it is situated shall be located at least 100 feet from any dwelling. Accessory farm buildings shall be at least 25 feet from any rear or side property line.

4.

Minimum floor area in square feet for residential units:

a.

No dwelling unit shall have a living area of less than 900 square feet. Note: Minimum floor area per dwelling unit shall not include area of basement, open breezeways and porches, attached garages or utility rooms.

5.

Maximum lot coverage:

a.

Not more than ten percent of the lot area shall be covered by the principal building and accessory structures.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2010-2, § 1, Exh. A, 4-19-10)

(A)

The provision of this section will apply to family farm land divisions in the agricultural (AG) zoned district.

(B)

Exemptions of development requirement:

(1)

Lots created as a result of the "family farm provision" are exempt from some "subdivision standards" provided that the lots are conveyed to a grandparent, step-parent, adopted parent, sibling, child, stepchild, adopted child, or grand-child of owner of parcel to be divided (the "parent tract").

(2)

Application to create lots under this section shall be reviewed and processed by the county compliance office for consideration or denial of property division hereunder.

(C)

Design standards for lots to be conveyed to family member.

(1)

All lots created shall comply with all design standards for the AG zoning district in which the farm is located, subject to the standards set forth in this section.

(2)

The minimum lot area is one acre.

(3)

All lots created under the family farm provision shall meet one of the following requirements for access:

(a)

Have 30 feet of frontage on a county public right-of-way, and the drive shall be constructed as an all-weather road, accessible by fire trucks and emergency vehicles, with a minimum clearance of 18 feet in height and 25 feet in width; or

(b)

Share one access driveway that provides access to all lots that do not front a public right-of-way, meeting the following standards:

i.

The access driveway easement shall be 30 feet in width, shall begin at a public road, with paved apron described below, and all lots within the parent lot shall enjoy the benefit of a recorded perpetual easement.

ii.

The drive shall be constructed as an all-weather road, accessible by fire trucks and emergency vehicles, with a minimum clearance of 18 feet in height and 25 feet in width; and

iii.

The drive shall have a concrete or asphalt paved area at the point of connection with a paved public right-of-way and said area shall be a minimum width of 18 feet and a minimum length of five feet and of sufficient depth to support conventional and emergency vehicle traffic.

(4)

The remainder of the parent parcel after creation of lots under the family farm provision shall be at least ten acres, provided that if the parent parcel contained less than ten acres before creation of lots hereunder, the remainder of the parent parcel after creation of lots hereunder shall contain at least two acres.

(D)

Limitations on number of divisions.

(1)

The parent parcel may be divided if it does not result in breach of state conservation use or preferential assessment covenants or similar state valuation covenants. The county tax assessor's office will review for compliance and approval for family division.

(2)

(a)

The parent parcel may allow division of lots and create up the permissible number of lots consistent with the design standards set forth in this section, with a street and a survey approved by the county compliance office.

(b)

Family farm lots are allowed subject to a recorded survey and easement prior to the issuance of any building permits. Copies will be filed for future references and continued compliance.

(3)

Written approval of "plans" for water supply and sewage disposal must be obtained from the county board of health.

(Res. No. 2017-R-3, 4-18-17; Ord. No. 2021-5, 9-7-21)

Editor's note— Res. No. 2017-R-3, adopted Apr. 18, 2017, amended § 19.06 in its entirety to read as herein set out. Former § 19.06 pertained to legacy provisions and derived from Ord. No. 2006-5, § 1, adopted Oct. 24, 2006.

The purpose of this section is to provide standards for the installation, operation, and maintenance of solar farms to protect the public health, safety, and welfare; and the standards set forth herein shall govern issuance of special use permits for solar farms. For the purposes of this section, a "solar farm" is a utility-scale commercial solar energy system of ten acres or more, the primary purpose of which is to generate energy for sale to public utilities. A "solar energy system" is a system or device, including components and subsystems required to convert solar energy into electric or thermal electric energy, including all equipment and accessory buildings. This section does not apply to solar energy systems of less than ten acres, used primarily for production of energy for residential, commercial or agricultural buildings or facilities on the premises.

1.

Standards for solar farms. All solar farms shall comply with the following standards:

a.

Solar farms shall be fenced in using a chain link fence with a height of at least six feet with anti-climb devices with three barbed wire line arms or otherwise acceptable to the county compliance department. Brightly colored signs no smaller than one foot by two feet shall be posted on the fence every 100 feet warning of danger and high voltage.

b.

Abutting residential properties shall be visually screened year-round from any solar farms to the reasonable satisfaction of the county compliance department through any one or a combination of planting or existing vegetation or fencing, all of which shall be at least six feet in height.

c.

Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the ground mounted solar photovoltaic installation and consistent with best practices for the preservation of natural areas or good husbandry of the land or forest.

d.

There shall be a minimum distance of four feet between solar panels and the top of any vegetation beneath them, measured from the pivot point for trackable panels.

e.

The names of the manufacturers, installers, facility owners, and facility operators, and their addresses and phone numbers shall be posted on the required fencing at each entrance of a solar farm.

f.

All electrical interconnection and distribution lines within a solar farm's boundaries, except for power lines that leave the project or are within the substation, shall be underground, unless the county compliance department grants a written exception due to severe environmental constraints.

g.

Lighting of a solar farm and its accessory structures shall be limited to the minimum reasonably necessary for its safe operation and shall be reasonably shielded from abutting properties. Where feasible, lighting of a solar farm shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

h.

All solar farms shall comply with any other applicable requirements of this Code and Appendix A, Zoning, including, but not limited to, setback and height requirements.

i.

All solar farms shall have an entrance open to the normal operation of emergency, police and public service vehicles and personnel, and must be approved by the emergency management director for compliance with that office's general order for emergency personnel access.

j.

All solar farms shall have a written emergency response plan that shall be approved by the county's compliance department, sheriff's office, fire department, and emergency management office. Each solar farm shall update its emergency response plan no later than January 1 of each year with a copy provided to all departments and agencies named in this subsection. The emergency response plan shall include the following:

(1)

The phone number, email address, and street address for all manufacturers, installers, owners, and operators; and

(2)

The phone number, email address, and mailing address for a representative of the solar farm responsible for responding to public inquiries; and

(3)

The material safety data sheets that apply to any materials on the solar farm; and

(4)

The clearly marked means and instructions for shutting down the solar photovoltaic installation.

k.

Decommissioning shall be initiated upon any of the following conditions:

(1)

The land lease is not renewed and the facility owner does not otherwise have rights to use the land where the facility is located (if the facility owner is not the owner of the land).

(2)

The solar farm ceases to produce energy on a continuous basis for 180 consecutive days. A solar farm that ceases to produce energy on a continuous basis for 180 days shall be deemed abandoned unless the current responsible party (or parties) with ownership interest in the facility provides substantial evidence (updated every three months after 180 days of no energy production) to the county compliance department of the intent to maintain and reinstate the operation of the facility. Upon the compliance office's determination that the solar farm is abandoned, the owners and operators shall not be authorized to recommence operations until a new application and inspection have been completed. The 180-day period described in this subparagraph (2) shall be tolled if said cessation of energy production is caused by a mechanical failure, act of God, explosion or public enemy, provided that repairs have commenced within 180 days and are diligently carried on to completion.

l.

No later than 180 days after abandonment or closure, the owners and operators of a solar farm shall disconnect the interconnection for the electrical grid; remove the solar energy system, its equipment and panels, and any appurtenant structures; remove all graveled areas and access roads unless the owner of the land requests in writing for it to stay in place; restore the property to the approximate condition prior to the development of the solar farm, including re-vegetation of any cleared areas with warm-season grass native to the region, unless requested in writing by the land owner not to re-vegetate due to plans for agricultural planting. No later than 180 days after abandonment or closure, the owners or operators of any such solar farm shall provide written documentation acceptable to the county compliance department demonstrating that the solar panels and related equipment were properly disposed of in accordance with federal, state, and local laws and regulations.

m.

With regard to issuance of a special use permit, the county compliance department may, in its reasonable discretion, waive any of the above-listed conditions which are not reasonable considering the nature of the project and may add additional conditions or safeguards as needed for public health, safety, and welfare or to mitigate the impact of the solar farm on surrounding properties and uses. Violations of any such additional conditions or safeguards shall be a violation of this article.

n.

All the conditions and requirements in this section shall be of a continuing nature.

2.

Application for special use permit, fee, and revocation of permit.

a.

Before commencing construction, all developers or operators of solar farms shall submit an application for a solar farm special use permit on the form prescribed by the county compliance office and provide proof of compliance with all standards for solar farms outlined in this article. No solar farm shall commence operations until it has been inspected by the county compliance office and obtained the permit required by this section.

b.

An application for a solar farm permit shall be accompanied by a comprehensive site plan for the solar farm, which shall include, but not be limited to:

(1)

Drawings prepared by a professional engineer licensed to practice in Georgia that clearly illustrate the design of the solar farm;

(2)

A project summary;

(3)

General procedures for operation and maintenance of the installation;

(4)

Measures for maintaining safe access to the installation;

(5)

Electrical schematics;

(6)

Soil erosion and sediment control;

(7)

Landscape plans;

(8)

Temporary or permanent roads or driveways;

(9)

Grading;

(10)

Vegetation clearing and planting and mitigation or screening with vegetation, structures, or fences;

(11)

Exterior lighting and any screening;

(12)

The anticipated lifespan of the solar farm;

(13)

Decommissioning plan, which shall include, but not be limited to the following:

i.

A time schedule and methods for the removal of the entire solar energy system and all associated facilities and equipment for the premises.

ii.

Cleaning and restoration of the property to its pre-installed condition in compliance with all applicable local, state and federal environmental standards.

iii.

The method of insuring that funds will be available for decommissioning and restoration is a surety bond performance guarantee of a certified decommissioning cost estimate. The performance guarantee will be in the form of a surety or performance bond that renews automatically, includes a minimum 90-day notice to the county compliance office prior to cancellation, is approved by the director of the county compliance office, and is from a company on the U.S. Department of Treasury's Listing of Certified Companies, licensed in Georgia with at least an A rating by A.M. Best Company, Inc. The amount of the performance guarantee will be one and one-half times the estimated decommissioning cost. Estimates for decommissioning the site and salvage value shall be determined by a professional engineer licensed to practice in the state of Georgia and such estimate shall be provided to the county compliance office together with the bond. The full amount of the bond will remain in full force and effect until the solar collector facility is decommissioned and any necessary site restoration is complete.

iv.

The applicant shall provide additional copies of the comprehensive site plan to the county sheriff's office and emergency management department. The comprehensive site plan must be approved in writing by the county compliance office before a solar farm may receive a permit or commence operations.

c.

At the time of application, each applicant shall pay a non-refundable permit fee in the amount established by the county compliance office.

d.

A permit may be revoked by the county compliance department for any solar farm which is not in full compliance with this article. Prior to revoking the permit, the county compliance department shall provide 30 calendar days' written notice of any deficiencies to the solar farm owner or operator via U.S. Mail, overnight delivery, or hand delivery. If the deficiencies are not corrected within those 30 days, the county compliance department may revoke the solar farm's permit and require the solar farm to submit a new application before recommencing operations. During the time that a solar farm permit is revoked, the solar farm shall post a sign at each entrance to the solar farm no smaller than one foot by two feet stating: "This solar farm's operations have ceased due to noncompliance with the Colquitt County Code of Ordinances. For more information, contact the Colquitt County Compliance Department."

3.

Inspection. The county compliance office shall have the right to inspect any solar farm without notice if there is a risk of immediate harm or injury to person or property. If there is no risk of immediate harm or injury to person or property, the county compliance office shall have the right to inspect any solar farm upon making reasonable efforts to notify the owners or operators 24 hours in advance of the inspection.

4.

Penalties.

a.

Each violation of this article may be punished as provided in section 1-11 of this Code and Title 15, Chapter 10, Article 4 of the Official Code of Georgia, O.C.G.A 15-10-60, et seq.

b.

Any owner or operator of a solar farm shall be responsible for ensuring compliance with this article and shall be punishable for noncompliance.

(Res. No. 2017-R-5, 6-6-17)