A legal use in existence on the effective date of this section or any amendment thereto may be continued even though such use does not conform with the use provisions of the zoning district in which said use is located, except as otherwise provided in this section below:

(1)

Change of use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not constitute termination or abandonment of the nonconforming use, provided that the use itself remains unchanged and is continuously maintained.

(2)

Discontinuance or abandonment. A nonconforming use shall not be re-established after discontinuance or abandonment for six consecutive months unless the cessation of the nonconforming use is a direct result of governmental action impeding access to the property.

(3)

Vacancy or non-use of a building for 12 continuous months, regardless of the intent of the owner or tenant, shall constitute discontinuance or abandonment under this subsection.

Nonconforming land changes. A nonconforming use of land shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. of 12-19-2023 (2))

(a)

Agritourism businesses in operation before the adoption of this ordinance may continue operation of current business offerings. Any addition to the current offerings must comply with the following code.

(b)

Agritourism businesses shall only be permitted in the A (Agriculture) Zoning District and shall meet the following standards:

(1)

Shall meet all requirements for and obtain a specific purpose zoning amendment as described in section 56-155.

(2)

Shall provide all materials required in the land use application packet distributed by the zoning administrator.

(a)

Wedding venues shall only be permitted in A (Agriculture) and C-B (Commercial Business) Zoning Districts and shall meet the following standards:

(1)

Standards applying to all wedding venues:

a.

Hours of operation of a booking shall be between the hours of 8:00 a.m. to 11:00 p.m., excluding event preparation and clean-up.

b.

Cleanliness of the entire site shall be maintained by removing any trash, rubbish, or other debris deposited on the site promptly following the event.

c.

All parking shall be fully contained on the parcel of land where the wedding venue is located.

d.

Any alcohol sales or consumption at a special event shall comply with the Rabun County Alcohol Code and applicable state law.

e.

Wedding venues shall provide restroom facilities on site for guests that comply with the requirements of the Americans with Disabilities Act (ADA).

f.

Tents, pavilions, and other temporary structures used during a booking shall comply with Georgia State Fire Marshal regulations.

g.

All structures associated with a wedding venue facility shall adhere to Rabun County building permit requirements.

(Ord. of 12-19-2023 (2))

(a)

Farm stays shall only be permitted in the A (Agriculture) Zoning District and shall meet the following standards:

(1)

Must obtain a public accommodations license and short-term rental permit.

(2)

Farm stays shall be located on, and be part of, an agriculturally based enterprise and shall be in addition to the primary agricultural operation.

(3)

Farm stays shall be provided on the same parcel of property as the agricultural enterprise.

(4)

The owner of the land on which an agricultural farm stay facility is located shall reside on, or within 30 minutes of the property. A homestead's exemption from property tax or lease agreement shall constitute evidence of this requirement.

(5)

The minimum size of an individual farm stay shall be 672 square feet.

(6)

The maximum number of individual farm stays shall not exceed three units per farm.

(7)

A minimum of one acre must accompany each individual farm stay unit.

(8)

Each farm stay unit must have its own individual septic system or access to a sewer system.

(Ord. of 12-19-2023 (2))

(a)

Wineries shall be permitted in the A (Agriculture) Zoning District and shall meet the following standards:

(1)

An alcohol license issued by Rabun County is required to operate a winery.

(2)

If accommodations are offered, they must meet the farm stay standards in section 56-318 of this Code.

(3)

Farm wineries must comply with all applicable state law requirements.

(Ord. of 12-19-2023 (2))

(a)

Glamping facilities shall meet the following standards:

(1)

Shall be permitted only in the Commercial Business (CB) zoning district.

(2)

Shall not be permitted on less than 25 acres.

(3)

Shall require undisturbed buffers of 30 feet along the sides and rear of the property.

(4)

Shall meet campground standards in section 56-79(27).

(Ord. of 12-19-2023 (2))

(a)

Distilleries shall only be permitted in the Commercial Business (CB) and A (Agriculture) Zoning Districts and shall meet the following standards:

(1)

Distilleries in the A (Agriculture) Zoning District shall require a specific purpose pursuant to section 56-155.

(2)

An alcohol license issued by Rabun County is required to operate a distillery.

(3)

Distillery operations must comply with all applicable state and federal law requirements.

(4)

Any outdoor storage shall be located in the side or rear yard and screened from view.

(Ord. of 12-19-2023 (2))

(a)

Ground mounted solar energy systems shall only be permitted in the and A (Agriculture) and M-II (Heavy Industrial) Zoning Districts and shall meet the standards in this section.

(1)

This section applies to the siting, construction, installation, and decommissioning of any new SES to be constructed or installed after the adoption of this ordinance within the jurisdiction of Rabun County.

(2)

Unless otherwise expressly stated herein, an SES shall comply with all applicable federal, state, and local laws, including the requirements of the Rabun County zoning ordinance and applicable building, fire, electric, and plumbing codes.

(3)

Minimum acreage. ground mounted solar energy systems shall not be permitted on less than ten acres.

(4)

Solar access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring a Ground Mounted SES adequate exposure to sunlight.

a.

Ground mounted SES in Rabun County require 80 percent sunlight year-round.

(5)

Permission from power provider. A letter shall be required from the power provider showing approval of SES.

(6)

Certifications required. The applicant shall submit an affidavit that provides, to the best of the applicant's knowledge:

a.

Construction and operation of the SES will comply with all applicable federal and state laws;

b.

Construction and operation of the SES will comply with all local laws, including the requirements of the Rabun County zoning ordinance, unless waived by the county; and

c.

Commercial general liability insurance will be maintained throughout the siting, construction, installation, operation, and decommissioning of the SES.

(7)

Impervious surface. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil.

(8)

Lighting. To reduce light pollution, lighting of a ground mounted SES shall:

a.

Be limited to the minimum reasonably necessary for its safe operation;

b.

Be directed downward where reasonably feasible;

c.

Incorporate full cut-off fixtures; and

d.

Reasonably utilize motion sensors.

(9)

Tree removal. The removal of trees or natural vegetation for a ground mounted SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the Rabun County zoning ordinance.

(10)

Decommissioning. Unless otherwise approved by Rabun County Board of Commissioners, decommissioning shall begin no later than 12 months after a ground mounted SES has ceased to generate electricity or thermal energy:

a.

Within six months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use.

(11)

Setbacks. A ground mounted SES shall comply with the following setback requirements:

a.

The SES shall be setback 150 feet from any property line;

(12)

Visual buffers. A Ground Mounted SES shall have a visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural land forms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Any visual buffer must be a minimum of eight feet in height.

(13)

Signage. A ground mounted SES shall display signs:

a.

Stating the risks that may result from contact with ground mounted SES,

b.

Identifying the owner or operator of the ground mounted SES, and

c.

Providing a 24-hour emergency contact phone number.

(Ord. of 10-24-2023(1))

(a)

Recreational vehicles used as temporary lodging shall meet the following standards:

(1)

Shall only be permitted in the A (Agriculture) zoning district.

(2)

Shall only be permitted for personal use.

(3)

Shall not be permitted as a permanent dwelling.

(4)

Shall require power, septic, and water connections.

(5)

Shall not be used for temporary lodging for more than 120 consecutive days at a time.

(Ord. of 10-24-2023(1))

Non-traditional dwellings shall include but not be limited to: Shipping container homes, quonset huts, sub-terranean homes, treehouses; yurts; etc. and shall meet the following standards:

(1)

Must obtain a building permit from the Rabun County planning and zoning administrator.

(2)

Must meet the minimum square footage for a dwelling (672 sq ft heated livable space).

(3)

Must provide a Georgia certified engineers stamped set of architectural drawings showing compliance with International Building Code (IBC).

(Ord. of 12-19-2023 (2))