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Attachment A 87 <br />Part 3. Zoning. <br />§ 153A -340. Grant of power. <br />(a) For the purpose of promoting health, safety, morals, or the general welfare, a county <br />may adopt zoning and development regulation ordinances. These ordinances may be adopted as <br />part of a unified development ordinance or as a separate ordinance. A zoning ordinance may <br />regulate and restrict the height, number of stories and size of buildings and other structures, the <br />percentage of lots that may be occupied, the size of yards, courts and other open spaces, the <br />density of population, and the location and use of buildings, structures, and land for trade, <br />industry, residence, or other purposes. The ordinance may provide density credits or severable <br />development rights for dedicated rights -of -way pursuant to G.S. 136 -66.10 or G.S. 136- 66.11. <br />(b) (1) These regulations may affect property used for bona fide farm purposes only <br />as provided in subdivision (3) of this subsection. This subsection does not <br />limit regulation under this Part with respect to the use of farm property for <br />nonfarm purposes. <br />(2) Except as provided in G.S. 106 -743.4 for farms that are subject to a <br />conservation agreement under G.S. 106 - 743.2, bona fide farm purposes <br />include the production and activities relating or incidental to the production <br />of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, <br />livestock, poultry, and all other forms of agriculture, as defined in G.S. <br />106 - 581.1. For purposes of this subdivision, "when performed on the farm" <br />in G.S. 106 - 581.1(6) shall include the farm within the jurisdiction of the <br />county and any other farm owned or leased to or from others by the bona <br />fide farm operator, no matter where located. For purposes of this <br />subdivision, the production of a nonfarm product that the Department of <br />Agriculture and Consumer Services recognizes as a "Goodness Grows in <br />North Carolina" product that is produced on a farm subject to a conservation <br />agreement under G.S. 106 -743.2 is a bona fide farm purpose. For purposes <br />of determining whether a property is being used for bona fide farm purposes, <br />any of the following shall constitute sufficient evidence that the property is <br />being used for bona fide farm purposes: <br />a. A farm sales tax exemption certificate issued by the Department of <br />Revenue. <br />b. A copy of the property tax listing showing that the property is <br />eligible for participation in the present use value program pursuant to <br />G.S. 105- 277.3. <br />C. A copy of the farm owner's or operator's Schedule F from the owner's <br />or operator's most recent federal income tax return. <br />d. A forest management plan. <br />e. A Farm Identification Number issued by the United States <br />Department of Agriculture Farm Service Agency. <br />(3) The definitions set out in G.S. 106 -802 apply to this subdivision. A county <br />may adopt zoning regulations governing swine farms served by animal waste <br />management systems having a design capacity of 600,000 pounds steady <br />state live weight (SSLW) or greater provided that the zoning regulations <br />may not have the effect of excluding swine farms served by an animal waste <br />management system having a design capacity of 600,000 pounds SSLW or <br />greater from the entire zoning jurisdiction. <br />(c) The regulations may provide that a board of adjustment may determine and vary <br />their application in harmony with their general purpose and intent and in accordance with <br />G.S. 153A -340 Page 1 <br />