§ 4.2.7. Agriculture and forestry.

A.

Agricultural produce stands. Agricultural produce stands shall comply with the front yard setback requirement for the district in which they are located, and shall provide a minimum of four (4) off-street parking spaces. If temporary, mobile, or farmers market, see temporary uses, [section] 4.3.1.

B.

Commercial greenhouses and plant nurseries. Any structure used as a commercial greenhouse or plant nursery shall be set back no less than one hundred (100) feet from any adjoining property that is zoned for residential use.

C.

Dairies. Notwithstanding subsection (e), any structure used for housing or processing of dairy cows shall be set back not less than two hundred (200) feet from property lines, and all dairy cows shall be kept at least one hundred (100) feet from property lines.

D.

Structures used in production and processing of fruits, tree nuts and vegetables. Any structure used in the processing or production of fruits, tree nuts, and vegetables that uses mechanized equipment or is not fully enclosed in a building, that emits noise, dust or vibration, shall be setback no less than fifty (50) feet from property zoned or used for residential purposes.

E.

Livestock.

1.

Livestock regulations apply to animals over twelve (12) months of age.

2.

Livestock shall only be permitted on a lot containing two (2) or more acres, and there shall be no more than two (2) animals, per fenced acre for horses, llamas, mules, asses, cows or large aviary such as emus; and no more than three (3) animals per fenced acre for sheep or goats.

3.

Except as otherwise provided herein, any structure used for housing or processing of livestock shall be set back not less than one hundred (100) feet from any property line.

4.

Dwarf livestock may be kept at up to two (2) per fifty (50) square feet of fenced area, with no minimum lot size, except lots less than ten thousand (10,000) square feet shall be limited to a total of three (3) dwarf livestock animals.

5.

Structures for housing dwarf livestock shall be setback not less than ten (10) feet from any property line.

6.

Fenced areas for livestock may not include lot area covered by the principal structure or driveway.

7.

A structure providing at least one hundred (100) square feet of floor space per animal for housing horses, llamas, mules, ass, cow or large aviary such as emus is required, and at least twenty-five (25) square feet of floor space per animal is required for housing sheep or goats. A structure housing dwarf livestock shall provide three (3) square feet per animal.

8.

Pigs and hogs are prohibited, except pot-bellied pigs. Pot-bellied pigs shall be treated as livestock, and subject to the standards for sheep and goats.

9.

Livestock is not permitted to run at-large beyond the confines of its owner's property.

10.

Parking of livestock trailers and recreation vehicles related to the livestock shall comply with the parking standards in article 6.

11.

Composted animal waste can be used as fertilizer for the purpose of enriching the property owner's soil.

12.

Animals must be kept under sanitary conditions and shall not be a public nuisance.

13.

Disposal of dead livestock shall be subject to the DeKalb County Sanitation rules and regulations or requirements.

F.

Livestock sales pavilion or abattoirs. Livestock sales pavilions and/or abattoirs shall be operated in accordance with state and county health regulations. All buildings shall be located at least one hundred (100) feet from any property line. All animals to be processed shall be fenced at least one hundred (100) feet from any property zoned or used for residential purposes.

G.

Riding stables. Riding stables shall be established on a lot having an area of not less than ten (10) acres. Any structure that houses animals used as part of the riding stable shall be located at least one hundred (100) feet from any property line. All animals shall be fenced at least twenty (20) feet from any property line.

H.

Temporary or portable sawmill. The time limit for any permit for a temporary or portable sawmill shall not exceed six (6) months. A temporary or portable sawmill may only process timber removed from the property on which the sawmill is located. Operation of a temporary or portable sawmill shall be set back not less than five hundred (500) feet from any residential structure other than the owner's.

I.

Keeping of chickens, pigeons.

1.

The minimum fenced yard area for chickens shall be twenty-five (25) square feet per hen.

2.

Chickens and pigeons must be housed at least twenty (20) feet from any property line, and fifty (50) feet from any residence other than the owner's.

3.

Any structure housing chickens and pigeons must be located in the rear yard if a principal building exists.

4.

The minimum lot size for the keeping of chickens or pigeons is ten thousand (10,000) square feet. Fenced area for chickens shall comply with the setback requirements for accessory structures. Chickens and pigeons and associated structures and fencing shall comply with relevant articles of chapters 16 and 18, relating to noise and property maintenance.

5.

No roosters are allowed.

6.

The maximum number of hens shall be one (1) hen per two thousand (2,000) square feet of lot size.

7.

Each coop shall have at least four (4) square feet of floor space per chicken over four (4) months old. For Bantams, a variety defined as miniature, each coop shall have one (1) square foot of floor area per chicken over four (4) months old.

8.

Chickens must be kept securely in an enclosed yard or pen at all times.

9.

Chickens are only permitted as pets or for egg production; the chickens cannot be kept for slaughter.

10.

Composted animal waste can be used as fertilizer for the purpose of enriching the soil of the owner's property.

11.

Animals must be kept under sanitary conditions and shall not be a public nuisance.

J.

Beekeeping .

1.

No more than two (2) apiary colonies are allowed per one-quarter (0.25) acre.

2.

Apiary colonies must be setback from all property lines a minimum of ten (10) feet.

3.

Apiary colonies must be located in the side or rear yard if a principal building exists.

4.

Apiary colonies must be maintained responsibly with adequate space and management techniques to prevent overcrowding and swarming.

5.

In any instance in which a colony becomes a nuisance, the beekeeper must re-queen the hive.

( Ord. No. 15-06 , 8-25-2015)