A.

The AG district is established for the purposes of:

1.

Preserving, promoting, maintaining and enhancing the use of land for commercial agricultural purposes;

2.

Stabilizing increases in public expenditures for such services as roads and road maintenance, police and fire protection, and schools;

3.

Protecting and preserving natural resource areas;

4.

Preventing scattered and leap-frog non-farm growth.

B.

This district is designed to protect and preserve prime agricultural areas for continued agricultural and agriculturally oriented uses. The loss of this natural resource cannot be readily compensated, since these prime agricultural areas are relatively scarce, particularly on the national level, and other areas require more capital, energy and supplemental nutrients to provide equal productivity.

C.

The standards and densities prescribed for this district are intended to preserve the open character of the area and protect the business of agriculture. This district is intended not to regulate agricultural uses, but to regulate those uses which threaten agriculture. The regulatory intent is to discourage subdivision of land for typical residential type lots requiring public services such as fire and police protection, paved roads, water, sewer, etc.

D.

This district is generally intended to apply to lands in productive farm operations including:

1.

Lands historically producing good crop yields or capable of such yields;

2.

Lands productive for dairying, raising livestock and grazing;

3.

Other lands which are integral parts of such farm operations;

4.

Lands used to produce specialty crops such as nuts, mint, sod, fruits, vegetables, et al.;

5.

Lands capable of productive use through economically feasible improvements such as irrigation;

6.

Forestry.

The following uses are permitted in the AG district:

A.

Aquaculture.

B.

Beekeeping.

C.

Commercial grain storage and drying.

D.

Dairying.

E.

Dams and flowages.

F.

Equestrian trails.

G.

Essential services - telephone, power, etc.

H.

Farm dwellings and related structures that remain after farm consolidation may be separated from the farm lot.

I.

Feedlots.

J.

Fish farms - commercial and recreational.

K.

Floriculture (cultivation of ornamental flowering plants).

L.

Forest and game management.

M.

Governmental or institutional uses such as police and fire stations, highway equipment storage, polling places, garages, sanitary sewage treatment plants, gravel pits and quarries, parks and campgrounds, airports and landing strips.

N.

Grazing.

O.

Greenhouses.

P.

Hatcheries.

Q.

Historic sites and areas.

R.

Horticulture (vegetable production).

S.

Hunting clubs.

T.

Livestock raising.

U.

Nature trails and walks.

V.

Plant nurseries and orchards.

W.

Poultry raising.

X.

Processing of agricultural products and livestock.

Y.

Public recreation areas.

Z.

Raising of grain, grass, mint and seed crops.

AA.

Raising of tree fruit, nuts and berries.

BB.

Religious uses such as churches and cemeteries.

CC.

Roadside stand, one per farm.

DD.

Single-family residence, site built or manufactured home.

EE.

Sod farming.

FF.

Stables and paddocks secondary to the owner's adjacent farming.

GG.

Temporary housing for migratory or other farm workers, provided it [meets] county, state, and federal regulations.

HH.

Viticulture (grape growing).

II.

County store and/or gas station.

The following are conditional uses in the AG district:

A.

Bed and breakfast inn.

B.

Customary home occupation and professional office conducted within and accessory to a permitted agricultural residence, subject to all other applicable county regulations pertaining to home occupations.

C.

Facilities for the centralized bulk collection, storage and distribution of agricultural products to wholesale and retail markets.

D.

Facilities used to provide veterinarian services for livestock.

E.

Fur farms.

F.

Mining.

G.

Other agricultural-related, religious, utility, institutional or governmental uses.

H.

Radio or cellular transmission or receiving tower or other similar structure.

I.

Sawmill.

J.

School.

K.

Single-family dwelling or manufactured home not exceeding one per 25 acres per farm for occupancy by family members of the farm owner, or a person earning a substantial portion of his livelihood from the farm operation. The farm tract remaining after such a subdivision must meet the minimum requirements for this district.

L.

Stables and paddocks independent of surrounding farming activity.

M.

The sale and service of machinery used in agricultural production.

N.

The storage and sale of seed, feed, fertilizer and other products essential to agricultural production.

O.

Outdoor recreation camps.

(Res. of 2-13-2007)

By their very nature, some agricultural activities generate noises, odors and insect pests which are detrimental to nearby land uses/occupants. To the extent they are a function of the size of the specific agricultural activity, the adverse or negative efforts of some of these noises, odors and insects can be mitigated somewhat by distance. For the purpose of mitigating said adverse and negative impacts, minimum distances between agricultural activities and surrounding land uses are hereby established (sections 11.05 and 11.06) on the basis of low and high density agricultural operations.

A.

Farm animal operations of sizes smaller or equal to the following thresholds are classified as low density:

B.

All low density farm animal operations constructed or expanded adjacent to an existing, noncompatible land use (e.g., residential) shall construct all buildings and fencing used for animal confinement (e.g., poultry house, farrowing house) at least 150 feet from the centerline of an adjoining public road, and 200 feet from the property line of the adjoining, non-compatible land use. 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 of a noncompatible land use. Livestock catch pens shall be allowed in the grazing area, provided the specific site does not retain water.

C.

The site(s) used for temporary storage or treatment of any waste or by-product of a low density farm animal operation shall be located at least 150 feet from the centerline of an adjoining public road, and at least 200 feet from the property line of the adjoining, noncompatible land use.

D.

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 development(s).

E.

Any development proposed for a site adjacent to and not compatible with an existing low density farm animal operation or row crop operation shall be constructed at least 150 feet from the centerline of the adjoining public road when said development fronts the low density from animal operation or row crop operation, and 200 feet from the adjoining property line, when said development is adjacent to the low density farm animal operation or row crop operation.

A.

Farm animal operations of sizes greater than the thresholds identified in section 11.05 (low density farm animal operations) are classified as high density farm animal operations.

B.

High density farm animal operations initiated, constructed or expanded adjacent to an existing, noncompatible land use (e.g., residential) shall construct farm buildings and fencing used for animal confinement (e.g., poultry house, farrowing house, feedlot) at least 750 feet from the centerline of an adjoining public road, and 750 feet from the property line of the adjoining, noncompatible land use. 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 of a noncompatible land use. Livestock catch pens shall be allowed in this grazing area provided the specific site does not retain water

C.

Any site(s) used for temporary storage, disposal or active or passive treatment of any waste or byproduct of a high density farm animal operation shall be located at least 750 feet from the center line of an adjoining public road, and at least 750 feet from the property line of the adjoining, noncompatible land use.

D.

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 development(s).

E.

Any development proposed for a site adjacent to and noncompatible with an existing high density farm animal operation or row crop operation shall be constructed at least 150 feet from the centerline of the adjoining public road, when said development fronts the low density farm animal operation, and 200 feet from the adjoining property line, when said development is adjacent to the low density farm animal operation or row crop operation.

(Res. of 4-12-2005)

There shall be no subdivisions in any land that is designated AG agricultural district before any subdivision can be placed on land classified as AG agricultural, the subject land must be removed from AG agricultural district to another district which allows subdivisions in accordance with the provisions in this zoning law.

A.

Definitions.

(1)

An outdoor recreation camp is defined as any location at which permanent or temporary housing facilities are located for the temporary occupancy by anyone engaged in recreational and/or sporting activities, which has more than one housing unit and in place for more than two consecutive weeks.

(2)

A recreation facility, commercial, is a recreation facility operated as a business and open to the public for a fee.

(3)

Zeroing in and sighting of firearms is a shooting activity where a scope or sights on a firearm are adjusted so that the firearm projectiles strike the intended target or bulls eye.

(4)

Target practice is defined as when a firearm is used by anyone to shoot at a target, either for pleasure, or for improving the shooting skills of the person discharging the firearm. A target expressly includes, but is not limited to, a cardboard or wooden panel with circles, cross hairs or other visible marks on it that is aimed at when shooting a firearm or rifle.

(5)

Outdoor recreation camp Unit is defined as any tent, pop-up camper, structure, camping trailer, motor home, recreational vehicle, mobile home, or other facility located in an outdoor recreation camp.

(6)

Recreational and/or sporting activities means any outdoor activity engaged in for recreation or sport, including, but not limited to, rifle or other firearm shooting, camping, hiking, and activities on, adjacent to or in streams and lakes.

(7)

All other words and phrases contained in this section shall have the meaning defined in the zoning ordinance of Marion County, Georgia, or if not defined therein, it shall have the usual meaning and connotation as is defined in Merriam-Webster online search at www.m-w.com/dictionary.

B.

Sanitary facility requirements. All outdoor recreation camps shall have sanitary facilities that conform to all county and state health regulations.

C.

Electrical requirements. All electrical connections and electrical wiring in, on or around any improvements and/or living quarters located in an outdoor recreation camp shall meet the requirements of the American Nation Institute/National Fire Protection Association, 1993 National Electrical Code (NEC), if the NEC otherwise applies to such electrical connections and electrical wiring.

D.

Location and design restrictions of outdoor recreation camps. All outdoor recreation camp units created after February 13, 2007, shall be located at least 100 feet from any property line.

E.

Screening with forest or fence and forbidden exotic plants.

(1)

All outdoor recreation camps and any associated parking area created after February 13, 2007, shall be screened by trees, shrubs, plants and/or other natural buffers from the property lines, public roads and rights of ways. If screens cannot be accomplished by natural means year round, then this shall be accomplished by the erection of a six (6) foot high privacy fence constructed of pressure treated material and located a distance of 100 feet from the property line, public roads and right of ways.

(2)

Non-native exotic plants, shrubs or trees, including, but not limited to, Chinese privet and/or autumn olive shall not be planted to create any of the barriers required in [subsection] E(1) [of this section].

F.

Existing wooded buffers and cutting of diseased trees.

(1)

All trees, shrubs plants, and/or other natural buffers around an outdoor recreation camp shall be preserved for a minimum width of fifty (50) feet. However, brush cutting is allowed to reduce a fire hazard.

(2)

Any trees located in the wooded buffers described in [subsection] E(1) & F(1) of this section 11.09, that are infected with insects or disease, may be removed to prevent further infestation of surrounding trees and forest.

G.

Cleanliness of outdoor recreation camp.

(1)

All outdoor recreational campgrounds shall be kept free from trash, rubbish, cans, household garbage, and any other discarded materials that would attract rats and other rodents, insects and other pest. All such items shall be kept in a proper receptacle as is required by the county solid waste ordinance.

H.

Sighting, zeroing, target practice, and no after dark practice.

(1)

In locations where sighting firearms or zeroing in of gun sights, or target practice are otherwise permitted in or near and within 500 feet of an outdoor recreation camp, appropriate earth mounds shall be used to prevent any single, solid projectiles from leaving the firing range. There shall be no zeroing, sighting firearms or target practice after sunset.

I.

911 designation. All outdoor recreation camps must have a 911 site designation number at the road entrance to the outdoor recreation camp, which is clearly visible from the roadway.

J.

Accessibility of outdoor recreation camps. All outdoor recreation camps shall be accessible for zoning inspection, law enforcement officials, Emergency Medical Personnel and tax assessing purposes, however, this shall not prevent the owner from locking any gates to said outdoor recreation camp.

K.

Inspection fee and exceptions.

(1)

The occupier or owner of each outdoor recreation camp Unit which is located in an outdoor recreation camp for more than two (2) consecutive weeks shall purchase from the Building Inspector a permit at a cost of $50.00 for each unit, which shall be good for the calendar year in which it is purchased.

(2)

Any non-profit youth group from any public or private school, that is exempt from taxation by the United States Internal Revenue Service pursuant to 26 USC 501 (c)(3) is exempt from the permit fee otherwise required by subsection (k)(1) [of this section].

(3)

Any recreation facility, commercial operated as a business and open to the public for a fee is exempt from the provisions of this ordinance dealing with outdoor recreation camps.

(Res. of 2-13-2007)