By their very nature, some agricultural activities generate noise, odor and insects detrimental to nearby land uses/occupants. To the extent any of these conflicts are a function of the size of specific agricultural activity, the adverse or negative effects of some noises, odors and insects can be mitigated by distance. For the purpose of mitigating the adverse impacts agricultural activity can have on surrounding property(ies) minimum distances between agricultural activities and surrounding land uses are hereby established.

1.

Farm animal operations of sizes greater than the following thresholds are classified as commercial:

All commercial farm animal operations constructed or expanded after the effective date of this ordinance shall construct all buildings and fencing used for concentrated animal confinement (e.g., poultry house, farrowing house, milk parlor, feedlot, etc.) at least 1,250 feet from the nearest property line and the nearest public road right-of-way, and 2,500 feet from any habitable building, including residential, commercial, industrial, churches or other structures normally occupied (that has been permitted), excluding any residential dwelling belonging to the owner of the agricultural operation; provided, however, that upon recommendation of the Zoning Commission the Board of Commissioners may modify said setback requirement with submission of an agricultural adjacency waiver duly executed by the adjoining property owner(s) and verified by the zoning administrator. (See definition of agricultural adjacency waiver.) Confinement fencing is most often used to facilitate a higher level of management most often in the latter stage of animal husbandry. The primary purposes of boundary fencing are most often to distinguish the lands of adjoining property owners, rights-of-way and to establish the outer limit of pasture or open grazing. 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 or other appropriate structure shall be erected around any surface feature, e.g., bog, sufficient to block animal access to, and animal congregation in, such feature along boundary fencing. Livestock catch pens shall be allowed in this grazing area provided the specific site does not retain water.

1.1

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

1.2

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 developments and housing.

1.3

Any development proposed for a site adjacent to an existing commercial farm animal operation shall be constructed at least 1,250 feet from the nearest point along the property line of an existing commercial farm animal operation; provided, however, that upon recommendation of the Zoning Commission and approval of the Board of Commissioners said setback requirement may be waived with submission of an agricultural adjacency waiver duly executed by the owner of the site of the proposed development. (See definition of agricultural adjacency waiver.)

1.4

All dead animals shall be disposed in accordance with applicable environmental and health laws of regulatory agencies.

1.5

No commercial farm operation shall be constructed within one linear mile of the nearest point along the corporate limits of the City of Ellaville, as said corporate limits exist at the time the permit for construction is issued.

1.6

Any new farm animal operation or existing farm animal operation expanding to exceed the following thresholds are considered to be conditional uses subject to review, evaluation and permitting by the Schley County Board of Commissioners.

1.7

Farm animal operations shall maintain compliance with the requirements of this ordinance and the requirements of all state, federal and local laws, rules and regulations, and in doing so shall be presumed not to be a nuisance.

This includes placement in all minor and major residential subdivisions. See Subdivision definitions.

1.

Every home shall [have the following]:

1.1

Be suitable for year-round occupancy;

1.2

Be placed on a permanent masonry foundation or other substantial foundation that will comply with the Georgia Minimum Building Code for the erection and support of modular homes, stick-built/site-built and to be substantially fixed to its site also in compliance with the Georgia Minimum Building Code;

1.3

Be connected to a water system approved by either the Health Department, or the Georgia Department of Natural Resources Environmental Protection Division, as the case may be, and resent to the County Inspector a letter or certification of such approval;

1.4

Be connected to an approved wastewater disposal system approved by either the Health Department or the Georgia Department of Natural Resources Environmental Protection Division, appropriate, and present the approval/letter of certification to the County Inspector;

1.5

Have all electrical supply systems and connections that comply with the current Georgia State Minimum Electric Code;

1.6

Be landscaped with trees, shrubs, and other plan material substantially equal to or better than one-family dwellings within 500 feet;

1.7

Have a maintained area around the structure that will be not less than 40 feet extending from the base of the structure;

1.8

Meet the General construction and safety standards of the latest edition of the Georgia State Minimum Building Codes;

1.9

Any open area or "crawl space" beneath the floor level of the residence shall be enclosed by permanent underpinning or skirting. This material shall be solid-faced around the full perimeter with the exception of only enough open area near the floor level to enable appropriate cross-ventilation beneath the residence. Skirting material shall be approved by the building official and installed only after building inspection and issuance of a Certificate of Occupancy. Skirting shall be installed within 30 days of issuance of the certificate;

1.10

All electrical, plumbing, and heating and air connections, improvements and repairs shall be made by an individual bearing the appropriate license for work performed issued by the State of Georgia.

This includes all minor and major subdivisions located in this section. See Subdivision definitions.

1.

Additions. Any addition to a mobile home or accessory building shall comply with applicable requirements of the Building, Electrical, Plumbing and Gas Codes.

2.

Foundations. All residential and accessory buildings shall be placed on properly engineered foundations which meet applicable installation requirements and applicable state and local codes.

3.

Siding material. All mobile homes shall have exterior siding materials consisting of wood, masonry, concrete, stucco, hardboard siding, vinyl or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation (under-pinning) is used, the siding material need not extend below the top of the foundation.

4.

Tie-down. All mobile homes shall be secured to their respective sites in accordance with applicable state codes.

5.

Certificate of Occupancy. Satisfactory compliance with all permitting and inspection requirements shall be achieved before the Certificate of Occupancy is issued.

6.

Manufactured homes not meeting criteria listed above must be removed from Schley County or brought into compliance within 30 days of notification of non-compliance by the County Building Inspector.

7.

Every Single-Family Manufactured Home shall:

7.1

Be landscaped with trees, shrubs, and other plan material substantially equal to or better than one-family dwellings within 500 feet.

7.2

Have a maintained area around the structure that will be not less than 40 feet extending from the base of the structure.