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APB agenda 061902
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APB agenda 061902
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BOCC
Date
6/19/2002
Meeting Type
Regular Meeting
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Agenda
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11 <br />,.` Verify Farm Status <br />North Carolina General Statutes (NCGS) 153 -A -340 and Section 1.5 of the Orange County Zoning Ordinance <br />specifically exempt "bonafide farms" (and farm related structures) from zoning regulations and some NC State <br />Building Code requirements. The Orange County Zoning Ordinance defines a bonafide farm* as, "the use of land for <br />farming meeting one of the following criteria: <br />1. Composing two or more acres on one or more tracts owned or leased by the bonafide farm unit; <br />2. Average annual sales of $1,000 for the preceding three years; or a minimum of twenty [acres] of forest land for <br />which a management plan has been prepared." <br />*The State of North Carolina qualifications for the farm use tax are different from the Orange County definition of a <br />bonafide farm. <br />❑ Be able to document your farm status with copies of annual receipts or a copy of Schedule F of your <br />Federal tax return. <br />2 Develop a plan <br />Consider agricultural operations that would complement your farm. The operation should be subsidiary or accessory <br />to the farm. Examples of operations considered "accessory" found in the Piedmont area include but are not limited <br />to the following: <br />■ Retail sales of products grown on the farm such as fruits and vegetables <br />■ Pick - your -own fruits and vegetables <br />■ Retail sales of nursery and greenhouse crops <br />• Processing and marketing farm grown products such as milk, ice cream, canned goods and wine <br />■ Agri- tourism operations such as corn mazes, hayrides and horse trail rides <br />Work with your local farm agencies, Cooperative Extension and Soil and Water, and the Economic Development <br />Director to develop a plan and determine all necessary local, state and federal regulations. Do you need a waste <br />management permit? What about a larger septic field? Who will run the operation? Do you need to construct new <br />buildings or can you use existing structures? Your farm agency representative will help you answer these questions <br />and coordinate the planning process. If you have a unique or a large -scale proposal, your farm agency <br />representative will review your plan with Planning staff and /or the Economic Development Director to ensure that it <br />will be considered "accessory" before you get too far in the planning stage. <br />❑ Some uses, such as bed and breakfast inns or stables, may require separate land use permits. <br />Some uses may not be allowed in protected watersheds. <br />Get a letter <br />Once you have a plan, ask your farm agency representative to prepare a formal letter describing your proposal. The <br />'letter should summarize your plan and outline all the local, state and federal regulations that apply to your project. <br />The letter also should clearly state that the proposed use is subsidiary to the main farm use, in other words the site <br />will not become industrial or commercial in nature. <br />tlR Satisfy agricultural requirements <br />Complete any remaining permitting and /or management plan requirements as outlined in the letter. You should have <br />copies of letters or permits from all appropriate county, state and federal agencies. <br />Get County permits <br />Go to the Planning & Inspections Department and bring the following key items: <br />(a) Documentation of bonafide farm status; <br />(b) A copy of 'a tax map showing property (available at Land Records in Government Services Center) and <br />A copy of a survey of the property or plat (available at Register of Deeds in the GSC for $3.00) with the <br />sketched location of any new or existing buildings linked to the operation; <br />(c) Copy of the formal letter from local farm agency personnel; <br />(d) Any additional documentation as specified in formal letter such as a septic permit; <br />(e) Building permit application and /or Erosion Control permit application. <br />Planning Staff will create a file documenting your new operation as an "accessory use to your farm." <br />This information will be available to answer questions from new neighbors or others questioning the <br />legitimacy of your business. It will also provide invaluable data about successful agricultural uses in <br />the county to help us develop better policies for the future. <br />
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