The A-T district is established to provide for the development and operation of agritourism enterprises which continue the commercial, agricultural heritage of local farms, maintain the rural character of unincorporated Spalding County, preserve and expand economic opportunities for existing farms in Spalding County and protect the health, safety and welfare of citizens through education and experience with Spalding County farms. Agritourism land uses combine agriculture and tourism to provide educational and social benefits to Spalding County residents and visitors and additional economic opportunities to owners and operators of farms. Agritourism enhances tourism in Spalding County by increasing the number of visitors and the length of their stay. Agritourism will increase the economic viability of farms in Spalding County, increase farm employment in Spalding County, generate additional income for owners and operators of farms in Spalding County, and allow local citizens and visitors to interact with and learn about the importance of farming in Spalding County.

(Res. No. A-18-07, § 4, 7-16-18)

A.

Agriculture products or services: Includes, but is not limited to, the following goods and services if produced or performed on a farm: crops (e.g., corn, cotton, cabbage, cottonseed); fruit (e.g., peaches, grapes, cherries, berries); vegetables (e.g., sweet corn, pumpkins, tomatoes); apiculture (beekeeping) products; floriculture products; herbs; forestry products; husbandry products (e.g., horse or cattle breeding); livestock and livestock products (e.g., cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, milk, eggs, fur); aquaculture products (e.g., fish, fish products, water plants); horticultural products (e.g., nursery stock, ornamental shrubs, flowers and Christmas trees); compost products; and the like.

B.

Agriculture products, value-added: Agriculture products that have been enhanced or improved on the farm to add value. The enhancement or improvement, includes, marketing, agricultural processing, transforming, packaging, and the like.

C.

Agriculture-related products: Items sold at a farm market to attract customers and promote the sale of agriculture products. The term also refers to any good that otherwise qualify as an agriculture product or value-added agriculture product except for the fact that the good was not produced on the farm from which it is sold.

D.

Agriculture-related products, Non-: Items not connected to farming or the farm operation, including, but not limited to, novelty t-shirts or other clothing, crafts and souvenirs.

E.

Agriculture-related services: Services that incidentally occur on a an agritourism enterprise producing agricultural products, including, but not limited to, accessory livestock boarding facilities and care services, trail rides, on-farm market, farm tours and nature trails.

F.

Agriculture-related uses: Activities that (I) result in the production of agriculture products and/or value-added agriculture products; or (II) allow the public to learn about, experience or engage in activities directly related to agriculture, the farm, agriculture products or services, agriculture-related products and/or services, value-added agriculture products.

G.

Agriculture-related uses, Non-: Activities that are not agriculture-related uses. Such uses include, but are not limited to, special events and the like.

H.

Agriculture homestay: A single-family detached dwelling that (I) has eight (8) or fewer guestrooms and is restricted to a maximum of sixteen (16) overnight adult guests; (II) must be located on and be a part of a farm that produces agriculture products; and (III) must also meet the definition of bed and breakfast but may serve meals and light foods or snacks to its registered guests at any time.

I.

Brewery: The manufacturing premises and malt beverage taproom of a "brewer" of malt beverages as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-5-1.

J.

Brewpub: An establishment in which malt beverages are manufactured, as defined under Georgia laws and regulations, including, but not limited to, O.C.G.A. § 3-1-2.

K.

Cabin: A residential building designed for or containing one (1) or more dwelling unit(s) that meets the following development standards:

1.

Shall not exceed seven hundred and fifty (750) square feet per dwelling unit.

2.

Shall contain only (1) bedroom, one (1) bath and no separate utilities.

3.

Shall only be used as (a) overnight accommodations for guests who normally stay no more than seven (7) nights; or (b) the dwelling of one (1) farm manager or caretaker and his or her family per twenty-five (25) acres in the A-T district.

L.

Campground, farm: The practice of allowing overnight guests to stay in a temporary structure on the farm, specifically a tent, tipi (teepee), or the like, on a farm, regardless of whether said temporary structure is provided by, or brought to the farm by the customer of, the agritourism enterprise, provided that guests normally stay no more than seven (7) nights.

M.

On-farm market: A structure for the sale of agriculture products, value-added agriculture products, agriculture-related products and non-agriculture-related products directly to the consumer from a working farm.

N.

Farm special event: The hosting of events, including, but are not limited to, weddings, concerts, conferences or meetings, fairs, carnivals, sporting events, music or art festivals, holiday celebrations such as Fourth of July fireworks and similar events, on a parcel in the A-T district.

O.

Farm special event facility: Any structure or area on a parcel in the A-T district where the operator(s) allow the hosting of farm special events. Such a facility may not change the rural character or farm land nature of the subject property or surrounding properties.

P.

Farm tours: Tours where members of the public observe farm operations and/or are taught about agriculture, agriculture products and/or services, valued-added agriculture products, agriculture-related products and/or services. The term includes, but is not limited to, hay rides, seasonal outdoor mazes of agricultural origin, such as corn or wheat mazes, education tours and the like.

Q.

Farm, you-pick: A farm that allows customers, for a fee or free, to harvest, pick, or collect the products of agriculture, including, but not limited to, pumpkins and Christmas trees, provided that the operation is seasonal.

Q ⁱⁱ .

Mobile food service unit: A mobile food service unit is a motorized, wheeled vehicle designed and utilized for the preparation and sale of food and non-alcoholic beverage items to the general public, and whose operations are self-contained within the confines of the vehicle. Such vehicles shall operate in accordance with the codes and ordinances of Spalding County regarding mobile food service units and mobile food vendors, the laws of the State of Georgia, the rules, regulations and policies of the Georgia Department of Public Health for Mobile Food Services/Food Trucks, and the rules and regulations for food service of Spalding County and the Spalding County Health Department.

R.

Nature trial: Unpaved pathway(s) traversing a parcel for recreational and educational use on foot, bicycle, horse or other animal used for transport or non-motorized vehicle.

S.

Nature trial, motorized: A nature trial that also allows the use of recreational vehicles with internal combustion engines, subject to the limitations on hours of operation and as provided for in section 11-4002(4) of the Code of Spalding County, Georgia.

T.

Preserve, fish: The intensive, small, agriculture production of fish for the purpose of fishing, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal laws. The term also includes activities related to processing said fish for consumption off site or in conjunction with a farm restaurant. A fish preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, the term fish preserve is specifically excluded from the definition of agriculture (as that term is defined by section 202(B) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this section).

U.

Preserve, game: The intensive, small pasture, agriculture production of livestock or fowl for the purpose of hunting, on agricultural land, for free or a fee, on an episodic basis, in conformance with state and federal game laws. The term also includes activities related to processing said animals for consumption off site or in conjunction with a farm restaurant. A game preserve use shall be incidental to the farm and in conjunction with another agritourism enterprise, such as an agriculture homestay or farm restaurant. Additionally, such term is specifically excluded from the definition of agriculture (as that term is defined by section 202(B) of the Zoning Ordinance of Spalding County, Georgia) and agriculture products and services (as those terms are defined by this sections).

V.

Restaurant, farm: A sit-down eating establishment (I) that serves meals substantially prepared with agriculture products produced on the farm; and (II) has seating for no more than thirty (30) customers, excluding special events.

W.

Roadside stand: A location visible from the roadway from which primarily agriculture and value-added agriculture products are sold, in addition to agriculture-related and non-agriculture-related products, directly to the consumer, and which is located within the required setback from the right-of-way.

X.

Seasonal: A recurrent period characterized by certain occurrences, festivities, or harvest when crops are ready; not a continuous, year-round operation.

Y.

Winery: The manufacturing premises and "tasting room" of a "Georgia farm winery" as those terms are defined by Georgia laws and regulations, including, but not limited to, O.C.G.A. §§ 3-1-2, 3-6-1, 3-6-21.1.

Z.

Zoo, petting, observation, or feeding: The keeping of livestock or fowl on the farm and allowing customers to pet, ride, feed, groom, milk, sheer, observe or perform similar activities related to the agriculture use of said livestock, fish or fowl.

(Res. No. A-18-07, § 4, 7-16-18; Ord. No. 2022-007, § 2, 10-3-22)

The official map (section 2301 of the Zoning Ordinance of Spalding County, Georgia) shows the boundaries of all A-T districts within Spalding County. Article 23 also contains additional information regarding interpreting district boundaries, amending boundaries, etc.

(Res. No. A-18-07, § 4, 7-16-18)

A.

The following principal uses are permitted in A-T districts:

1.

Farm.

2.

Agriculture.

3.

Agriculture-related uses.

4.

Any and all buildings and/or structures used for the day-to-day operation of a farm, including, but not limited to, using the same for the storage or preservation of such goods produced by the farm or agriculture and collection, distribution, or processing of the same, and for the incidental sale of the same.

5.

Site-built, single-family detached dwelling with a heated floor area of at least one thousand five hundred (1,500) square feet.

6.

Barndominium that meets the following criteria:

a.

Minimum front yard setback: Two hundred (200) feet;

b.

Roof pitch of the dwelling with a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run;

c.

A porch of a depth of at least six (6) feet located on the front of the structure with a roof pitch with a minimum vertical rise of three (3) feet for each twelve (12) feet of horizontal run;

d.

At least twenty-five (25) percent of each side of the structure shall be constructed of conventional exterior materials;

e.

Exterior columns and/or posts must be at least six (6) inches x six (6) inches in size, or greater if required by an applicable building code;

f.

All industrial or garage bay doors must be located on the side or back of the structure;

g.

The roof of the structure may be finished with a type of shingle commonly used in conventional residential construction or a metal consisting of 26 gauge steel or 0.040 aluminum standing seam.

B.

The following accessory uses are permitted in the A-T district:

1.

Agriculture-related services.

2.

Office meeting the following development standards:

a.

The office must not change the agricultural character of the property.

b.

The office must be entirely incidental and related to the farm and agritourism enterprise.

c.

Maximum office square footage: Two thousand (2,000) square feet.

3.

On-farm market.

4.

Roadside stand.

5.

Uncovered, unpaved parking lots for customers and/or employees of an agritourism that meet the following development standards:

a.

Such parking lots shall not accommodate more than thirty (30) two-axel automobiles.

b.

Such parking lots shall comply with the minimum standards for off-street parking and service requirements contained in the Spalding County Standard for Off-Street Parking and Service Facilities Appendix G to the Zoning Ordinance of Spalding County, Georgia.

6.

Structure for the storage of equipment and supplies used in activities related to the farm; and/or maintaining the principal building(s), grounds; and/or used in the agritourism enterprise.

7.

Structure for a children's playhouse and the storage of children's play equipment.

8.

Swimming pool and bath house or cabana meeting the following development standards:

a.

Such a swimming pool shall meet the specifications of the Standard Swimming Pool Code ("SBCCI").

b.

Such a swimming pool shall be solely for the use of the owner and/or permitted, overnight guests of an agritourism enterprises, such as an agriculture homestay or a cabin.

c.

Only two (2) swimming pools are permitted per twenty-five (25) acres in the A-T district.

9.

Tennis court and/or basketball facilities meeting the following development standards:

a.

If lighted, lights must be designed so that they do not intrude upon adjacent lots.

b.

Such a court must be surrounded by a fence of no less than ten (10) feet high.

c.

Such a court shall be solely for the use of the owner and/or permitted, overnight guests of an agritourism enterprise, such as an agriculture homestay and/or a cabin.

d.

Only two (2) such courts are permitted per twenty-five (25) acres in the A-T district.

10.

Nature trial.

11.

Farm tours.

12.

Deck, patio, barbecue grill, or other such facility.

13.

Temporary building for storage of materials meeting the following development standards:

a.

Permitted only in conjunction with construction of a building.

b.

Allowed either on the same lot where construction is taking place or on an adjacent lot.

c.

Such a use must be terminated upon completion of construction.

14.

Signs as permitted by the Spalding County Sign Ordnance (Appendix E to the Zoning Ordinance of Spalding County, Georgia).

15.

Recreational vehicles as temporary housing meeting the following development standards:

a.

A building permit is required; and

b.

Such a use is permitted for only six (6) months in conjunction with a building permit for a building permit on the subject property.

16.

Shipping container, temporary.

17.

Mobile food service unit, temporary.

C.

The following accessory uses are permitted as special exceptions in A-T districts:

1.

Agriculture-related uses, Non-.

2.

Church, synagogue, chapel, or other places of religious worship meeting the following development standards:

a.

It must be solely for episodic farm special events or similar events.

b.

Only one (1) such building is permitted per parcel in the A-T district.

c.

Said building must be located at least fifty (50) feet from any property line.

d.

Said building must have a floor area of no more than three thousand (3,000) square feet.

3.

Farm special event facility.

4.

Agricultural homestay.

5.

Cemetery.

6.

Cabins meeting the following development standards:

a.

Only one (1) cabin is permitted per every two (2) acres in the A-T district.

b.

If in conjunction with a bed and breakfast, only one (1) cabin per every four (4) acres is permitted.

6'.

Event center, rural, meeting the following development standards:

a.

Minimum lot size: Twenty-five (25) acres;

b.

Must be located on a public, paved road;

c.

Maximum event size: Two hundred (200) guests;

d.

Setbacks: All structures (permanent or temporary) and all outdoor activities must be located two hundred (200) feet from any exterior property boundary;

e.

Hours of operation: No events may be conducted between 11:00 p.m. and 8:00 a.m.;

f.

Parking: Parking facilities shall be provided as required in Appendix G, Standards for Off-Street Parking and Service Facilities, with all parking areas paved according to county standards and requirements;

g.

Outdoor lighting: All lighting structures or facilities must have a minimum setback of fifty (50) feet from each property line and have full-cutoff fixtures with property line shields to prevent impact to adjoining properties;

h.

Noise: Noise shall be regulated by Part IX—Offenses, Chapter 4—Noise Abatement and Control;

i.

Sanitary facilities: As required by the Spalding County Health Department; and

j.

Submission of a site plan indicating the location of permanent and temporary structures and outdoor activities, which shall include a traffic control plan for the ingress and egress of emergency vehicles and the orderly and safe arrival and departure of all vehicles which shall be made a condition of approval.

7.

Farm restaurant.

8.

Brew pub, operated as part of a farm restaurant.

9.

Winery.

10.

Campground, farm.

11.

Nature trail, motorized.

12.

Any and all other parking structures, facilities or areas other than as provided for in section 604A(B)(5) of the Zoning Ordinance of Spalding County, Georgia.

13.

Riding academies and other facilities which host equestrian events, including, but not limited to, exhibitions or competitions where performers or competitors ride, rope, wrestle, or corral horses, cattle, swine, or other livestock or any other exhibition or competitions involving livestock of any nature.

14.

Petting, observing or feeding zoo.

15.

Game preserve.

16.

Fish preserve.

17.

You-pick farm.

18.

Any other agriculture-related or non-agriculture-related use not contemplated by this article, but which the administrative officer determines to be consistent with the purpose of the agritourism ordinance and not in degradation of the rural and/or agricultural use(s) of surrounding properties.

19.

Tower, domestic or antenna, domestic.

D.

All accessory uses must be the following standards:

1.

Accessory buildings and structures not attached to the principal building must be located at least twelve (12) feet from the principal building on the lot.

2.

Accessory buildings and structures that are attached to the principal building must match the existing exterior of the principal building.

3.

Must not conflict or be inconsistent with existing or nearby development or pose a threat to the public health and safety of residents or nearby properties.

E.

All uses not permitted with the A-T district by this section are specifically prohibited.

(Res. No. A-18-07, § 4, 7-16-18; Res. No. A-19-02, § 7, 4-15-19; Res. No. A-20-04, § 4, 6-25-20 ; Res. No. A-21-01, § 4, 6-21-21 ; Ord. No. 2022-007, § 3, 10-3-22)

A.

Pre-application concept conference/review.

1.

Prior to filing an application for an amendment to the official map to rezone a parcel (or contiguous parcels) to the A-T district, the applicant shall confer with the administrative officer or his designee in order to review the general character of the applicant's plan (on the basis of a tentative land use sketch) for the parcel(s) and agritourism enterprise(s) for which rezoning to the A-T district is sought and to obtain information on development standards and ordinances affecting the proposed planned development.

2.

Before an application is accepted, the applicant shall submit a preliminary concept plan for review and approval (complying with the requirements of section 605A(B) of the Zoning Ordinance of Spalding County, Georgia) by the administrative officer or his designee.

B.

Plan submittal and review.

1.

With the application for an amendment to the official map, the applicant shall submit to the administrative officer or his designee a concept plan for the parcel(s) and agritourism enterprise(s) for which rezoning to the A-T district is sought. Said plan shall, at a minimum, show the following information:

a.

The business name under which the agritourism enterprises will operate, including any corporate or company name, as well as any trade name or doing-business-as ("d/b/a") name, along with proof of the legal creation of any such business entities, as required by state law, and the filing of any required trade name or d/b/a filing.

b.

The owner(s), developer(s), and intended proprietor(s) of the parcel(s) and the agritourism enterprise(s).

c.

Architect, engineer or planner who designed any applicable plans for construction of new buildings or new land uses associated with the parcel(s) and/or agritourism enterprise(s) for which rezoning to the A-T district is sought.

d.

Location or orientation map of the property.

e.

Legal description of the parcel.

f.

Date, scale, north arrow.

g.

Total acreage of the parcel(s).

h.

Topography at twenty-foot contour intervals.

i.

All proposed land use(s) and net acreage in each type.

j.

Proposed layout of land uses.

k.

Proposed street, path or trail layout, as applicable.

l.

Proposed parking plan showing the number of spaces and calculations justifying the number of spaces provided.

m.

Proposed buffers, open space and natural environmental features, such as surface drainage and open water.

n.

General location of existing and proposed buildings.

o.

Proposed building elevations.

p.

Proposed or existing locations of sanitary facilities, including location of handicapped accessible restrooms and access to buildings.

q.

Proposed or existing locations of all culinary facilities.

r.

Proposed phases of development.

s.

Plans for minimizing any negative impacts on surrounding property owners.

C.

Concept plan approval.

1.

The concept plan shall be reviewed by the planning commission which shall make a recommendation in accordance with (and contemporaneously with the application(s) for amendment(s) under) sections 414 and 415 of the Zoning Ordinance of Spalding County, Georgia.

2.

If any land use(s) proposed in the concept plan require(s) a special exception, the concept plan shall be reviewed by the board of appeals in accordance with section 413 of the Zoning Ordinance of Spalding County, Georgia.

3.

The concept plan and the planning commission's recommendation thereon shall be considered by the board of commissioners in accordance with (and contemporaneously with the application(s) for special exception(s) and amendment(s) under) sections 413, 414 and 415 of the Zoning Ordinance of Spalding County, Georgia.

4.

All agritourism business shall operate in conformity with the concept plan approved by the board of commissioners. Only agritourism enterprise(s) explicitly approved in the concept plan for a specific parcel shall be conducted thereon.

5.

No application(s) for special exception(s) to modify or change the land uses in an approved concept plan for parcel(s) in the A-T district shall be permitted for a period of one (1) year after approval thereof.

D.

Revision of concept plan.

1.

Flexibility to allow minor modifications to the concept plan by the administrative officer after approval has been granted shall be permitted. Modification of the concept plan shall be provided by the administrative officer. The applicant must confer with the administrative officer who will make a determination of whether approval by the planning commission and board of commissioners is required.

2.

For purposes of this section, the following modifications to the concept plan will be deemed minor and may be approved by the administrative officer:

a.

Elimination or diminishment of the scope, of any approved agritourism enterprise use. For example, if the agritourism enterprise ceases operation of an agriculture homestay, the agritourism enterprise shall alter the administrative officer who shall note the elimination of the use on the approved concept plan and the date that notice of the same was provided.

b.

Commencement of a proposed phase of development. No agritourism enterprise that is not currently compliant with an approved concept plan may commence a proposed phase of development.

c.

Any minor proposed change, addition, or elimination, as determined by the administrative officer, to any of the following existing or proposed items listed in section 605A(B)(1).

3.

Changes to the development plan that require approval by the planning commission and the board of commissioners shall include, but not be limited to:

a.

Any change not specifically listed in section 605A(D)(2).

b.

Addition of any new, unapproved agritourism enterprise(s) (regardless of whether the same is permitted as a special exception or as a matter of right) not provided for in an approved concept plan.

c.

Any major proposed change or elimination, as determined by the administrative office, to any of the following existing or proposed items listed in section 605A(B)(1).

(Res. No. A-18-07, § 4, 7-16-18)

A.

At the time of the application, approval, and in perpetuity thereafter, in order to qualify for the issuance of a business license, a working farm (as that term is defined in section 202(FF)) must exist and be operational on the parcel and all agritourism enterprises must be operated in conformance with and only as provided in an approved concept plan.

B.

In addition to the development standards contained in Article 4 of the Zoning Ordinance of Spalding County, Georgia, the following standards are required within the A-T district:

1.

Minimum heated floor area per dwelling unit (other than approved cabins): One thousand five hundred (1,500) square feet.

2.

Minimum lot area: the total acreage of the parcel(s) for which rezoning is sought must be twenty-five (25) acres or more. An application for an amendment to the official map may seek to rezone more than one contiguous parcels so long as (I) each and every parcel consists of twenty-five (25) acres or more; or (II) the application is conditioned upon the owner(s) of said parcels legally combining the contiguous parcels to the extent necessary to constitute a parcel that is twenty-five (25) acres or more.

3.

Minimum lot width: Two hundred (200) feet.

4.

Minimum front-yard depth: One hundred (100) feet.

5.

Minimum side-yard depth: One hundred (100) feet.

6.

Minimum rear-yard depth: One hundred (100) feet.

7.

Maximum building height: Thirty-five (35) feet.

a.

Building height may be increased to sixty (60) feet, provided the structure is serviced by an approved sprinkler fire suppression system and upon approval as a special exception pursuant to section 413 of the Zoning Ordinance of Spalding County, Georgia.

8.

On-street parking is prohibited in A-T districts.

C.

No more than fifteen (15) full-time employees per twenty-five (25) acres in the A-T district, excluding employees who are solely involved in the farm operations, may be employed in any capacity or to any extent by an agritourism business.

D.

An agritourism enterprise shall be incidental to and directly supportive of the farm located in the A-T district.

E.

An agritourism enterprise shall have no significant impacts on the agricultural viability or rural character of neighboring properties.

(Res. No. A-18-07, § 4, 7-16-18)