***Agriculture district. Minimum lot size for building or construction of a residence or building in the Agricultural Intensive District (AG-1) is one (1) acre. However, a minimum of ten (10) acres is required per secondary residence on each farm only in AG-1. Any acreage proposed to be subdivided for residential or other use in this district must be rezoned to the appropriate zoning classification. ***Conservation requirements may apply.

1.

Protective screening for Agricultural Intensive District (AG-1) and Residential (R-1, R-2, R-3) adjacent to or across the street (with the exception of major arterial or major collector roads) from residential districts shall be in compliance with applicable sections of this Code. See Article XVI: Protective Screenings and Buffers, Residential Buffers.

1.1

Compatibility. The development standards for the Agricultural Intensive and Agricultural Residential are the same, except for the ability to create a farm workers resident area as stated above.

1.2

Conflicts. By their very nature, some agricultural activities generate noise, odor and insects detrimental to nearby land uses/occupants. To the extent which these conflicts are a function of size of the specific agricultural activity, the adverse or negative effects of some of these noises, odors and insects can be mitigated somewhat by distance. For the purpose of mitigating said impacts, minimum distances between agricultural activities and surrounding land uses are hereby established (Sections 5, 6 and 7) on the basis of low-density and high-density agricultural operations.

1.3

Non-Commercial Farm Animal Operations. Farm animal operations of sizes smaller or equal to the following thresholds are classified as non-commercial:

1.4

All non-commercial farm animal operations constructed or expanded shall construct all buildings and fencing used for animal confinement (e.g. poultry house, farrowing house, milk parlor) at least 500 feet from the property line; provided, however, that, upon approval of the Board of Commissioners of Macon County in accordance with the provisions of Article XIX, Section 14, a non-commercial farm animal operation may be constructed closer to an existing use if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

Confinement fencing is not to be confused with boundary fencing, the latter of which may be constructed along the right-of-way and property line. The area between confinement fencing and boundary fencing may be used for row crop, vegetable or orchard production, or pasture. In the event said area is used for pasture, it shall not be stocked at a rate higher than recommended by generally accepted animal husbandry practices for open grazing of the specific animal species.

Where said area is grazed, fencing, as necessary, shall be erected around any surface feature, e.g. bog, to prevent livestock from congregating along boundary fencing adjacent to the property line. Livestock catch pens shall be allowed in this grazing area provided the specific site does not retain water.

1.5

Any site(s) used for temporary storage, or active or passive treatment, of any waste or by-product of a low-density farm animal operation shall be located at least 300 feet from the property line, and 500 feet from existing dwellings. All handling and land application of waste and by-products from the operation shall comply with all applicable state and federal regulations.

1.6

Machinery and equipment used to ventilate animal confinement buildings must be installed in such a way that air removed from said buildings is directed away from nearby existing developments and or housing.

1.7

Any development proposed for a site adjacent to an existing non-commercial farm animal operation shall be constructed at least 500 feet from the adjoining property line when said development is adjacent to a non-commercial operation; provided, however, that such proposed development may be constructed closer to an existing non-commercial farm animal operation if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

1.8

All dead animals shall be disposed of by a method approved by the Georgia Environmental Protection Division and the Georgia Department of Agriculture in a manner that does not adversely affect ground or surface water or create a public health concern.

1.9

A farm animal operation that is in compliance with the requirements of this ordinance and the requirements of all state, federal and local laws, rules and regulations shall be presumed not to be a nuisance.

2.

Low-density Farm Animal Operations.

2.1

Farm animal operations between the following thresholds are classified as low density:

2.2

All low-density farm animal operations constructed or expanded shall construct all buildings and fencing used for animal confinement (e.g. poultry house, farrowing house, milk parlor) at least 500 feet from the property line; provided, however, that, upon approval of the Board of Commissioners of Macon County in accordance with the provisions of Article XIX, Section 14, a low-density farm animal operation may be constructed closer to an existing use if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

Confinement fencing is not to be confused with boundary fencing, the latter of which may be constructed along the right-of-way and property line. The area between confinement fencing and boundary fencing may be used for row crop, vegetable or orchard production, or pasture. In the event said area is used for pasture, it shall not be stocked at a rate higher than recommended by generally accepted animal husbandry practices for open grazing of the specific animal species.

Where said area is grazed, fencing, as necessary, shall be erected around any surface feature, e.g. bog, to prevent livestock from congregating along boundary fencing adjacent to the property line. Livestock catch pens shall be allowed in this grazing area provided the specific site does not retain water.

2.3

Any site(s) used for temporary storage, or active or passive treatment, of any waste or by-product of a low-density farm animal operation shall be located at least 200 feet from the property line, and 500 feet from existing dwellings. All handling and land application of waste and by-products from the operation shall comply with all applicable state and federal regulations.

2.4

Machinery and equipment used to ventilate animal confinement buildings must be installed in such a way that air removed from said buildings is directed away from nearby existing developments.

2.5

Any development proposed for a site adjacent to an existing low-density farm animal operation shall be constructed at least 500 feet from the adjoining property line when said development is adjacent to a low-density operation; provided, however, that such proposed development may be constructed closer to an existing low-density farm animal operation if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

2.6

All dead animals shall be disposed of by a method approved by the Georgia Environmental Protection Division and the Georgia Department of Agriculture in a manner that does not adversely affect ground or surface water or create a public health concern.

2.7

A farm animal operation that is in compliance with the requirements of this ordinance and the requirements of all state, federal and local laws, rules and regulations shall be presumed not to be a nuisance.

3.

High-density Farm Animal Operations.

3.1

Farm animal operations of exceeding the following thresholds are classified as high density:

3.2

All high-density farm animal operations constructed or expanded shall construct farm buildings and fencing used for animal confinement (e.g. poultry house, farrowing house, milking parlor) at least 1,250 feet from the property line; provided, however, that, upon approval of the Board of Commissioners of Macon County in accordance with Article XIX, Section 14, a high-density farm animal operation may be constructed closer to an existing use if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

Confinement fencing is not to be confused with boundary fencing, the latter of which may be constructed along the right-of-way and property line. The area between confinement fencing and boundary fencing may be used for row crop, vegetable or orchard production, or pasture. In the event said area is used for pasture it shall not be stocked at a rate higher than recommended by generally accepted animal husbandry practices for open grazing of the specific animal species.

Where said area is grazed, fencing, as necessary, shall be erected around any surface feature, e.g., bog, to prevent livestock from congregating along boundary fencing adjacent to the property line. Livestock catch pens shall be allowed in this grazing area provided the specific site does not retain water.

3.3

Any site(s) used for temporary storage, or active or passive treatment, of any waste or by-product of a high-density farm animal operation shall be located at least 500 feet from road property line and 750 feet from an existing dwelling. All handling and land application of waste and by-products from the operation shall comply with all applicable state and federal regulations.

3.4

Machinery and equipment used to ventilate animal confinement buildings must be installed in such a way that air removed from said buildings is directed away from nearby existing developments and/or housing.

3.5

Any development proposed for a site adjacent to an existing high-density farm animal operation shall be constructed at least 1,250 feet from the adjoining property line when said development is adjacent to a high-density operation; provided, however, that such proposed development may be constructed closer to an existing high-density farm animal operation if an agricultural adjacency waiver is submitted in connection with the application for a building permit. See definition of agricultural adjacency waiver.

3.6

All dead animals shall be disposed of by a method approved by the Georgia Environmental Protection Division and the Georgia Department of Agriculture in a manner that does not adversely affect ground or surface water or create a public health concern.

3.7

Any farm animal operations exceeding the following thresholds are considered to be conditional uses subject to review, evaluation and permitting by the Macon County Board of Commissioners:

3.8

No high-density farm animal operation shall be constructed within one mile of the corporate limits of the Cities of Ideal, Marshallville, Montezuma, Oglethorpe or Andersonville as said corporate limits exist at the time the permit for construction is issued or within one mile of the property lines of the Andersonville National Historic Site or Massey Lane Gardens.

3.9

A farm animal operation that is in compliance with the requirements of this ordinance and the requirements of all state, federal and local laws, rules and regulations shall be presumed not to be a nuisance.

4.

Rural/Residential Business Description, Development Standards, Exemption.

4.1

A rural/residential business shall be secondary or incidental to the primary use of property for agricultural or residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural-residential areas. Rural businesses are intended to be of smaller size, intensity and scale than commercial uses that would be more commonly found in a commercial district. Rural/residential businesses shall be similar to home occupation/office except that the activity can occur in an accessory structure detached from the residence. In addition, an applicant for a rural business permit must be residing on the subject property prior to any application being filed for consideration by the Zoning Committee, and must maintain residency thereon throughout the period the business continues to operate. A rural/residential business may be accessed by the public and may have 3 to 15 employees.

4.2

Development Standards. The following standards shall apply to all rural/residential businesses.

a.

A permitted, rural business shall be valid only as long as the original petitioner owns and operates the business and maintains a valid business license. The rural business use permit is not transferable. The rural business use permit shall become void upon expiration of the business license. Any subsequent owner of property previously permitted for a rural business use must apply to the Zoning Commission for a rural business use permit.

b.

The property containing the site of the rural business must also be the bona fide residence of the petitioner/business owner.

c.

A rural business shall be located on property containing at least one (1) acre of land, and the site upon which the business is actually conducted shall not exceed one-half acre of land.

d.

Only one (1) non-illuminated sign, limited to a maximum of sixteen (16) square feet, shall be permitted. This sign may have two (2) faces of up to sixteen (16) square feet each, back to back, sharing the same set of supports.

e.

Adequate off-street parking must be provided for residents, employees and business visitors.

4.3

Exemptions. The following standards shall apply to all rural businesses unless the petitioner can demonstrate to the satisfaction of the Zoning Commission that exemption from one or more of the standards will not result in adverse impacts on surrounding properties. A modification of the following standards shall be permitted only if: (a) there are special and unusual topographic conditions unique to the property or structure; or (b) the proposed use is clearly of such a small scale, and will remain at such small scale that conducting or operating the business would not be obvious or noticeable from the adjoining property or by the public in general; and (c) if the intent of the rural business is maintained.

a.

The rural business must be located to the side or rear of the principal residence on the property.

b.

Neither the structure in which the rural business is housed, nor the grounds on which rural business activity is performed, shall contain equipment which would not ordinarily be found in accessory structures in an agricultural/residential district.

c.

The structure shall be readily and easily usable for customary agricultural and residential uses.

d.

The architectural style shall be in keeping with surrounding agricultural and residential development.

e.

A rural business shall not exceed 15,000 square feet of gross floor area.

f.

A rural business shall have no more than twenty- five employees who do not reside in the principal residence on-site.