§ 500. Statement of purpose.

The agricultural districts are established as districts in which the principal use of land is for farming, dairying, forestry operations and other agricultural activities. For the agricultural districts, in promoting the general purposes of these regulations, the specific intent of this article is to protect land needed and used for agricultural pursuits from encroachment by untimely and unplanned residential, commercial, or industrial development, and to allow the continuation of existing agricultural pursuits in areas where, in accordance with the recommendations of the comprehensive plan, future agricultural, commercial, industrial, or residential development is anticipated, but where the present application of zoning controls for future more intensive land uses would be unreasonable and premature.

DEFINITIONS

Farm: A parcel of land five acres or more on which bona fide agricultural and related uses are conducted as specified in "agriculture."

Agriculture: The production, raising, breeding, or maintenance of plants and animals including, but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, or goats, game animals, exotic fish, and any mutations or hybrids thereof, including the breeding and grazing of any or all such species; bees and apiary products; fur animals; trees and forest products; fruit of all kinds, including grapes, nuts, berries; vegetables, nursery; floral, ornamental and greenhouse products; or land devoted to a soil conservation or forestry management program. This does not include the commercial slaughter of poultry, livestock, or other animals.

(1)

In relation to the treatment of agricultural facilities and operations as nuisances, Georgia law provides in O.C.G.A. § 41-1-7(a) that "it is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance."

(2)

The Code further states in O.C.G.A. § 41-1-7(c) that "no agricultural facility or any agricultural operation at an agricultural facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility if the agricultural facility has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility."

(3)

The Code further states in O.C.G.A. § 41-1-7(d) that "for the purposes of this code section, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation."

(Amd. of 12-2-08)