Agenda 05-28-2002 - Laserfiche WebLink

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0 5 Verify Farm Status North Carolina General Statutes(NCGS) 153-A-340 and Section 1.5 of the Orange County Zoning Ordinance specifically exempt"bonafide farms"(and farm related structures)from zoning regulations and some NC State Building Code requirements. The Orange County Zoning Ordinance defines a bonafide farm* as,"the use of land for farming meeting one of the following criteria: 1. Composing two or more acres on one or more tracts owned or leased by the bonafide farm unit; 2. Average annual sales of$1,000 for the preceding three years; or a minimum of twenty(acres] of forest land for which a management plan has been prepared." *The State of North Carolina qualifications for the farm use tax are different from the Orange County definition of a bonafide farm. ❑ Be able to document your farm status with copies of annual receipts or a copy of Schedule F of your Federal tax return. Develop a plan Consider agricultural operations that would complement your farm. The operation should be subsidiary or accessory to the farm. Examples of operations considered"accessory"found in the Piedmont area include but are not limited to the following: ■ Retail sales of products grown on the farm such as fruits and vegetables ■ Pick-your-own fruits and vegetables ■ Retail sales of nursery and greenhouse crops ■ Processing and marketing farm grown products such as milk, ice cream, canned goods and wine ■ Agri-tourism operations such as corn mazes, hayrides and horse trail rides Work with your local farm agencies, Cooperative Extension and Soil and Water, and the Economic Development Director to develop a plan and determine all necessary local, state and federal regulations. Do you need.a waste management permit? What about a larger septic field? Who will run the operation? Do you need to construct new buildings or can you use existing structures? Your farm agency representative will help you answer these questions and coordinate the planning process. If you have a unique or a large-scale proposal,your farm agency representative will review your plan with Planning staff and/or the Economic Development Director to ensure that it will be considered"accessory"before you get too far in the planning stage. ❑ Some uses,such as bed and breakfast inns or stables,may require separate land use permits. Some uses may not be allowed in protected watersheds. 0 Get a letter Once you have a plan, ask your farm agency representative to prepare a formal letter describing your proposal. The letter should summarize your plan and outline all the local, state and federal regulations that apply to your project. The letter also should dearly state that the proposed use is subsidiary to the main farm use, in other words the site will not become industrial or commercial In nature. Satisfy agricultural requirements Complete any remaining permitting and/or management plan requirements as outlined in the letter. You should have copies of letters or permits from all appropriate county, state and federal agencies. Get County permits Go to the Planning &Inspections Department and bring the following key items: (a) Documentation of bonafide farm status; (b) A copy of a tax map showing property(available at Land Records in Government Services Center)and A copy of a survey of the property or plat(available at Register of Deeds in the GSC for$3.00)with the sketched location of any new or existing buildings linked to the operation; (c) Copy of the formal letter from local farm agency personnel; (d) Any additional documentation as specified in formal letter such as a septic permit; (e) Building permit application and/or Erosion Control permit application. Planning Staff will create a file documenting your new operation as an"accessory use to your farm." This information will be available to answer questions from new neighbors or others questioning the legitimacy of your business. It will also provide invaluable data about successful agricultural uses in the county to help us develop better policies for the future.