The agricultural district is established as a district in which the principal use of land is for farming, dairying, forestry operations and other agricultural related activities. For the agricultural district in promoting the general purpose of these regulations, the specific intent of this article is:

A.

To protect land, especially prime farm land, needed and used for agricultural pursuits from encroachment by untimely and unplanned residential, commercial, or industrial development; and

B.

To allow the continuation of existing agricultural pursuits in areas where, in accordance with the recommendations of the land use plan, future residential, commercial or industrial development is anticipated but where the present application of zoning controls for future, more intensive land uses would be unreasonable and premature.

C.

Subdivision (seven or more lots) proposals planned for residential uses within the county's agricultural zoning districts must be rezoned to the appropriate residential zoning classification. This must be done prior to approval of the subdivision application.

(Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)

A.

Residences:

1.

Single-family;

2.

Manufactured and industrialized homes;

B.

Accessory residential uses including, but not limited to, a private garage, detached home workshop, swimming pool, greenhouse, all of which shall be incidental to the use of the property as a residence.

C.

Sale of products or commodities grown on premises provided no structure shall be closer than 30 feet to any property line. All structures and displays will be removed at the end of sale (must have adequate parking).

D.

Agricultural, dairying, forestry or horticulture uses.

E.

Commercial fishing ponds.

F.

Winter feeding operations (comply with setback requirements in section 11.05).

(Ord. No. 2013-005, § 1, 10-8-2013)

After special review by the planning commission and approved by the county commission. ([See] article V, section 5.18.)

A.

Airfields.

B.

Animal feeding operations/animal husbandry operation(s)/animal stack house(s)/commercial poultry houses/concentrated animal feeding operation(s) (CAFO) (Comply with section 11.05).

C.

Hunting, fishing lodges and cabins.

D.

Fraternal organizations or private clubs.

E.

Nursery school or kindergarten, day care center.

F.

Recreational and/or cultural uses of a commercial nature.

G.

Two-family, group homes, personal care homes, and halfway homes.

H.

Churches.

I.

Public, parochial and private elementary, intermediate, and/or high schools.

J.

Publicly owned and operated buildings, libraries, parks, and recreational facilities.

K.

Public and private hospitals provided that the hospital is adjacent to a major thoroughfare.

L.

Kennels (noise buffers or barriers may be required to protect adjacent residential properties).

M.

All radio, cellular phone, or similar transmission/receiving towers. ([See] section 5.20.)

N.

Outdoor shooting ranges. ([See] section 5.25.)

O.

Bed and breakfast.

P.

Open air business. (See uses in an AG zone, located in article III.) (Solar farms/facilities shall comply with section 11.06.)

Q.

Winter feeding operations (does not comply with setback requirements in section 11.05).

(Ord. No. 2013-005, § 1, 10-8-2013; Ord. No. 2021-005, § 1(Exh. A), 4-13-2021; Ord. No. 2023-004, § 1, 8-8-2023)

([See] article XX.)

Animal husbandry/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry houses shall meet the following requirements:

A.

An engineered site plan must be submitted at a scale of no less than 1" = 200' with the conditional use application. The site plan must include the following information:

1.

Vicinity map at a scale of not less than 1" = 600',

2.

North arrow, graphic and numeric scale,

3.

Total acreage,

4.

Location of all animal husbandry related structures,

5.

Access roads, right-of-way and ingress/egress driveways,

6.

Location of exhaust fans, compost areas, incinerators, and litter stack houses positioned at the furthest possible point from the nearest permitted habitable dwelling,

7.

Location of on-site wells,

8.

Identification of adjacent property owners by recorded plat reference and identification of all habitable dwellings permitted within 1,250 feet of the animal husbandry/animal feeding operation structure(s), concentrated animal feeding operation(s), or commercial poultry houses,

9.

Setbacks to be drawn on site plan.

a.

Structures containing animal husbandry/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry houses and accessory buildings must not be located closer than 1,250 feet from any habitable dwelling or any approved permitted dwelling or any habitable home site, that was destroyed by fire or natural causes, or removed by the owner less than 12 months prior to the application. This excludes any residential dwelling belonging to the owner of the animal husbandry/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry houses.

b.

Setbacks of 150 feet from the property line and right-of-way of any county or state maintained road.

c.

Setbacks of 1,250 feet from any residential zoned (R-1, R-2, or R-PUD) property.

10.

The topographic data for the site.

B.

All state and federal permits must be applied for through the Environmental Protection Division (EPD) and the National Pollutant Discharge Elimination Systems (NPDES).

C.

Animal husbandry operation(s)/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry house uses located closer than the 1,250 feet to the existing habitable dwelling(s) shall be allowed only after an agricultural adjacency waiver has been signed by the property owner(s) of said habitable dwelling(s) and property submitted with the conditional use application. The adjacency waiver form(s) must be notarized and submitted to the planning commission with the application for a conditional use.

D.

The expansion of an animal husbandry operation(s)/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry houses conditional use which was in place prior to the adoption of this ordinance shall be allowed provided the expansion or addition shall not encroach within 1,250 feet of any habitable dwelling except those currently constructed within the range. The expansion or addition to any existing structure(s) shall not diminish the distance between any existing animal husbandry operation(s)/animal feeding operation(s)/concentrated animal feeding operation(s)/commercial poultry houses use and any existing dwelling(s) already within the 1,250 feet radius and in no case will an expansion of such use be located closer than 150 feet of any property line or right-of-way.

E.

Any habitable dwelling that has been destroyed by fire, or any natural causes, or removed by the owner 12 months or more prior to the application, shall be considered abandoned and shall not be considered a habitable dwelling when reviewing a conditional use application.

F.

At the discretion of the planning commission or board of commissioners, protective screening may be required to protect nearby existing residential, commercial, industrial or public land uses from negative impacts such as excessive lights, vehicular activity, odors, and noise. If required, the visual buffer will be planted with deciduous trees, evergreens, flowering trees or ornamental trees or shrubs in areas designated by the planning commission or board of commissioners. Such buffer shall consist of fast growing varieties.

(Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)

Solar farms/facilities shall meet the following requirements:

A.

Design standards.

1.

Site plan.

a.

An engineered site plan depicting the proposed equipment, fencing, protective screening, and setbacks required under this subsection must be submitted at a scale of no less than 1" = 200' with the building permit application. The engineered site plan must also include a vicinity map at a scale of not less than 1" = 600', a north arrow, graphic, and numeric scale, and the total acreage for the project.

2.

Equipment.

a.

Free standing solar panels or solar arrays shall not exceed eight feet in height as measured from the grade at the base of each structure to the highest point.

b.

Mounted solar panels or solar arrays shall not exceed eight feet above the apex of each structure on which it is mounted or the maximum height for building in an agricultural district.

3.

Fencing.

a.

A minimum height of six feet chain link fencing shall surround the entire solar farm/facility project.

4.

Protective screening.

a.

A protective screening buffer of evergreen vegetation shall be existing or installed outside the required fencing with a minimum height necessary to not allow visibility of the solar panels or solar arrays from any adjacent roads or rights-of-way.

b.

The required evergreen vegetation shall be a minimum height of eight feet with 75 percent opacity at the time of installation and shall reach 100 percent opacity within three years of installation.

c.

The required evergreen vegetation must be maintained in a manner to continuously provide the required buffer of proactive screening from any adjacent roads or rights-of-way. If any portion of the evergreen vegetation dies or no longer provides the required screening, replacement vegetation shall be installed. The buffer shall be maintained throughout the entire life of the project.

d.

A complete landscape plan, including the protective screening required under this subsection, shall be submitted with the building permit application.

5.

Setbacks.

a.

Setbacks of 40 feet in all directions shall be required where all adjacent properties are in an agricultural district and there are no residential dwellings on the adjacent properties.

b.

Setbacks of 150 feet shall be required from any existing residential dwelling or recreational facility on any adjacent properties.

c.

The required setbacks shall be measured from the fencing required under section 11.06(A)(3) to the closest solar panel in each direction.

B.

Road restoration bond.

1.

A road restoration bond shall be required with a minimum amount of $20,000.00.

2.

The road restoration bond shall be maintained for at least three years after completion of the project construction.

C.

Erosion control plan.

1.

An erosion control plan that complies with all state and local requirements shall be submitted.

D.

Decommission plan.

1.

A decommission plan shall be submitted with the building permit application in a form suitable to the building official.

2.

The decommission plan shall cover the anticipated service life of the solar farm/facility and for any abandonment of the project.

3.

A performance guarantee shall be submitted in the form of a bond, irrevocable letter of credit and agreement, or other acceptable financial security in the amount of 125 percent of the estimated decommission costs, minus any salvage value or $50,000.00, whichever is greater. The estimates shall be provided by an engineer licensed to practice in the State of Georgia and agreed upon by the building official.

E.

Ground water testing.

1.

A minimum of at least one 20-foot ground water monitoring well shall be installed for each project as determined by the building official.

2.

The required well shall be tested for the presence of any heavy metals. After initial testing, a biannual test shall be required for two testing periods. If no contaminants are identified in the first two testing periods, testing may shift to a five-year schedule. The well also shall be tested prior to any decommissioning.

F.

Maintenance.

1.

All grass shall be maintained in a manner to mitigate fire hazards at all times.

2.

Mounted solar panels or solar arrays shall be spaced in a manner to allow county fire-rescue to operate safely within the entire solar farm/facility, or the applicant shall provide county fire-rescue the necessary fire suppression equipment capable of operating in a safe manner within the soar farm/facility that is deemed suitable by the building official.

G.

Vendor registration.

1.

A list of vendors capable of removing construction materials or scraps from the project shall be submitted to the building official.

2.

Any change to the vendor list shall be provided to the building official when such change occurs.

(Ord. No. 2023-004, § 2, 8-8-2023)