For the purpose of this ordinance the area of Effingham County, Georgia, is hereby divided into the following zoning districts:

(Ord. of 8-16-16, § 1(a))

(Ord. of 12-05-2023(1); Ord. No. 2024-359, 8-20-24)

5.1.2.13 Agritourism business

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

An agritourism business is permitted as a conditional use only in conforming agricultural residential - AR-1 districts and not located in a residential subdivision. An agritourism Business may be permitted in said district only if it meets the following criteria:

a)

An agritourism business is a business which is secondary or incidental to the primary use of the property for agricultural or residential purposes, and is of a service, educational, or recreational nature. An agritourism business is intended to be of a smaller size, intensity, and scale than commercial uses which would be more commonly found in commercial or business zoning districts, and is primarily designed to towards providing local or neighborhood service to the rural-residential area in which it is located. agritourism business activities may occur in an accessory structure detached from the principal residence or in an area outside of the dwelling.

b)

A concept and site plan and narrative for the proposed agritourism business shall be provided to the zoning administrator for review and approval by the technical review committee. All plans are required to be drawn to scale. An aerial photograph with requirements drawn in may be used if that is the best way for applicant to show the requirements of the plan. The following are required to be included on the concept and site plan:

• North Arrow;

• Placement on property for all sign, and 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;

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

• Access to the property;

• Location of well/septic; and

• Known future development (gift shop, planned exhibits, etc.).

The narrative shall answer the following questions and requested information 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 Effingham County?

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

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

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

• Explain the daily operations with hours of operation.

• Explain the goals and projected growth for the business.

• Provide the expected number of daily visitors.

• Provide an emergency evacuation plan.

c)

The agritourism business shall be reviewed by the planning board and approved by the board of commissioners before any business activities begin. The planning board may recommend to the board of commissioners that conditions be imposed to insure the orderly operation of the proposed business and its compatibility with surrounding properties. The board of commissioners may place reasonable conditions on the proposed use as deemed necessary to insure the orderly operation of the proposed business and its compatibility with the surrounding properties.

d)

Any required state or federal licensing shall be obtained and kept in good standing. An Effingham County occupational tax certificate shall be obtained and renewed annually.

e)

Any additions or alterations to the residence which will be used for the agritourism business shall be of an architectural style in keeping with surrounding residential and agricultural development. Any structure built to house the business must be located to the side or rear of the residence unless it is at least 100 feet from the front property line and meets all applicable side and rear setbacks. The structure must be readily and easily usable for customary agricultural and residential uses.

f)

Only one nonilluminated sign not to exceed 16 square feet is permitted, location to be approved by the zoning administrator and/or designee. Location of the sign must be at least 15 feet from all property lines.

g)

Property on which the agritourism business is proposed shall have frontage on a public road, or be granted exemption from the condition during approval from the board of commissioners. If an exemption is requested, the applicant shall provide a legal opinion letter from an attorney licensed to practice law in the State of Georgia which certifies that there is a recorded access easement granting the owner of the property and its business visitors the right to use said access easement. The legal opinion letter shall be dated within 30 days prior to the date that the agritourism business application is received by the county. The board of commissioners should also consider the type of roadbed, width, and condition of the access road and whether emergency vehicles will have issues traversing said access road.

h)

Parking for customers/clients shall be provided on-site, and there shall be no parking along the sides of any public roads.

i)

Hours of operation shall be limited to daylight hours, except when exemption is granted by the board of commissioners during the approval process, or as provided for in this ordinance.

j)

Operations of an agritourism business shall adhere to Effingham County Code of Ordinances, Part II, [Chapter 30], Article II, noise control.

k)

Special or seasonal events. At such time as the agritourism business may wish to rent space for a private party, seasonal event, or any other activity which temporarily occurs outside the implicit scope of operation, the county manager or designee may approve, or defer to a public hearing, so as to obtain approval from the board of commissioners.

(1)

General operating regulations. The following operating regulations shall be enforced by the owner of the agritourism business:

(a)

No musical entertainment, either live or recorded, utilizing sound amplification equipment, shall be in violation of [Chapter 30], Article II, noise control.

(b)

No event shall be presented between the hours of 11:00 p.m. and 9:00 a.m. unless otherwise approved by the board of commissioners.

(c)

Camping on site by persons attending an event is permitted; provided that no on site camping shall be permitted more than two days prior or two days after an event.

(d)

Handicapped access shall be provided to activities that are open to the public.

(e)

Events and activities shall be accessible to emergency and service vehicles.

(f)

Adequate toilet facilities per the department of environmental health and trash receptacles shall be provided for all events.

(g)

The burden of preserving order during the concert or special event is upon the owner of the agritourism business.

(2)

Revocation of use. The board of commissioners may revoke permission for any proposed event or order that an event be discontinued immediately if, in the sole judgement of the board of commissioners, the event will disrupt traffic within the unincorporated area of Effingham County beyond practical solution; the event will interfere with access to fire stations and fire hydrants; the event will require the diversion of so many public employees that allowing the event would unreasonably deny service to remainder of the county; or the event might otherwise interfere with the welfare, peace, safety, health, good order and convenience of the general public.

(3)

Exemptions. The following special events are exempt from the provisions of this article:

(a)

Special events occurring upon a county-owned sports facility, including without limitation, a ball field, tennis court or pool, provided that the special event constitutes a use for which the sports facility was intended;

(b)

Special events hosted by a church on property owned by the church, but only if the property is used on a regular basis, at least bi-monthly, to conduct worship services;

(c)

Events hosted by a school on property owned by the school or a governmental entity, provided that the property is used on a regular basis, at least weekly, to conduct classes; and

(d)

A governmental agency acting within the scope of its agency.

(l)

Examples of uses permitted (as an agritourism business):

(1)

On-farm sales.

(2)

Pick your own.

(3)

Agricultural crafts/ gifts sales.

(4)

Fee fishing/hunting.

(5)

Wildlife viewing and photography.

(6)

Equine related activities.

(7)

Wagon rides.

(8)

School tours.

(9)

Garden/nursery tours.

(10)

Farm technical demonstrations and sales (canning, weaving, soap-making, etc.)

(11)

Winery tastings or tours.

(12)

Corn mazes.

(13)

Haunted attractions.

(14)

Small, private zoological attraction or sanctuary.

(15)

Christmas tree farm.

m)

Conservation use. Any property that wishes to start an agritourism business and has property in conservation use should check with the Effingham County property tax assessor's office prior to obtaining a business license. The property tax assessor's office can let a property owner know if the proposed business will cause a violation of the conservation use covenant.

(Ord. of 11-07-2023(2))

4.2.01 Official zoning map.

(a)

The official zoning map of Effingham County, Georgia is hereby adopted and identified as that map or series of maps, adopted by the board of commissioners, that show the precise location and boundaries of the zoning districts and that is certified by the county clerk of Effingham County, Georgia.

(b)

A certified copy of the official zoning map shall be kept in the development services department, where it shall be available for public inspection.

(c)

The official zoning map may be amended from time to time pursuant to the provisions of this Code.

4.2.02 Amendments to the official zoning map.

(a)

The official zoning map may be amended from time to time by the board of commissioners, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the planning commission for review and recommendation in conformity with the procedures set forth in this Code.

(b)

Changes made in district boundaries or other matters portrayed on the zoning maps shall be entered on said maps promptly after such change has been approved by the governing authority together with an entry on the maps showing the date and ordinance number such action was approved. No amendment to this ordinance which involves matters portrayed on the zoning maps shall become effective until such change and entry has been made on said maps.

4.2.03 Replacement of the official zoning map.

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the board of commissioners may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map.

4.2.04 Interpretation of zoning district boundaries.

Where uncertainty exists with respect to the location and boundaries shown on the official zoning map, the following rules shall apply:

(a)

Where a zoning district boundary line is shown as following or approximately following the center line of a street, a county road, a state highway, an alley, or railroad right-of-way or such lines extended, then such lines shall be construed to be the zoning district boundary lines.

(b)

Where a zoning district boundary line is shown as approximately following a corporate limits line, a militia district line, a land lot line, a lot line or such lines extended, then such lines shall be construed to be the zoning district boundary lines.

(c)

Where a zoning district boundary line is shown as following or approximately following shorelines, then such lines shall be construed to follow such shorelines. In the event of change in the shoreline, the zoning district boundary lines shall be construed as moving with the actual shoreline. Where a zoning district boundary line is shown as following or approximately following the center lines of streams, rivers, canals, lakes or other bodies of water, then such lines shall be construed to be the zoning district boundary lines.

(d)

Distances not specifically indicated on the zoning map shall be determined by the scale of the map. Where a zoning district boundary line is shown as being set back from a street, a county road, a state highway, an interstate highway or a railroad right-of-way and approximately parallel thereto, then such zoning district boundary line shall be construed as being at the scaled distance from the center line of the street, county road, state highway, interstate highway or railroad right-of way and as being parallel thereto.

(e)

Where a zoning district boundary line divides a lot, the location of the district boundary line shall be the scaled distance from the lot lines. In this situation, the requirements of the zoning district in which the greater portion of the lot lies shall apply to the balance if the lot except that such extension shall not include any part of a lot that lies more than 50 feet beyond the zoning district boundary line.

(f)

In the case of a through lot fronting on two approximately parallel streets that is divided by a zoning district boundary line paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot.

(g)

When the application of the aforementioned rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the board of zoning adjustment.

4.2.05 Special conditions of previous zoning approvals retained.

All special conditions and special stipulations imposed as conditions of zoning approval of property prior to adoption of the official zoning map are hereby retained and reaffirmed and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the board of commissioners is amended through the zoning approval process established by the Zoning Code.

(Amend. of 6-6-00(3); Ord. No. 2024-490, 10-15-24)

The district boundary lines of the zoning maps are intended to follow property lines or the centers of streets, alleys, railroads, or watercourses. In the case of unsubdivided property, the district boundary lines shall be determined using the appropriate scale.

When in connection with the review of a proposed subdivision plat the county requires professional services beyond the capabilities of the building and zoning department, the zoning administrator shall notify the applicant seeking approval for such subdivision, by certified mail, return receipt requested, of the county's need for such professional services. The name(s) of the professional(s) to be retained by the county and the hourly rate charged to the county for said services shall be included in the notice. If the applicant elects to continue to seek approval of the subdivision plat and the county utilizes the services of said professional(s), the applicant shall reimburse the county for the actual cost of said services. The zoning administrator shall require that the professional rendering said services submit to the building and zoning department time a statement reflecting time spent and fees and expenses incurred. Said statement shall be provided to the applicant, who shall reimburse the county within 30 days of receipt. Thereafter, all unpaid charges shall accrue interest at the rate allowed by law for the collection of unpaid property taxes. No final plat shall be recorded unless all charges arising under this section have been paid.

(Amend. of 7-3-01(3))

Editor's note— Amend. of July 3, 2001(3) enacted a new § 4.6, reimbursement of professional fees for county subdivision plat review. Said section has been renumbered as § 4.4 at the discretion of the editor, to better fit the format of the Code.