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Agricultural Exemption
Farm buildings are exempt from Zoning regulations such as setbacks, height, and any zoning fees. However, farm buildings are not exempt from flood plain regulations, well and septic permits, airport height regulations, and Subdivision and Platting regulations (including entrance permit requirements).
Agricultural Uses Form
To determine if your project is Ag Exempt, fill out the Agricultural Uses Form (PDF). Return it to the Zoning Office before beginning any construction or platting of property. The form needs to be filled out by the owner(s) of the property and, for a plat of survey, by the buyers of the property. The application can be decided within 1 to 2 days. There is no charge for this application form.
Excerpts from the Zoning Ordinance
Section 1-6
"The provisions of this ordinance shall not be construed to apply to land, farm houses, farm barns, farm outbuildings or other buildings, structures or erections which are primarily adapted, by reason of nature and area, for use for agricultural purposes while so used; provided, however, that such regulations or ordinances which relate to any structure, building, dam, obstruction or excavation in or on the flood plains of any river or stream shall apply thereto and provided further that all farm buildings and structures are subject to the air navigation obstruction provisions set out in Section 1-17 of this Ordinance."
Section 1-2.3
Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal poultry husbandry, and the necessary accessory uses for packing, treating or storing the product; provided, however that the operation of such shall be secondary to that of normal agriculture activities.
Section 1-2.37
Farm: An area used for the cultivation of land for the production of agricultural crops, the production of eggs, the production of milk, the production of fruit or other horticultural crops, and the production of timber or forest products as long as there is a tree farm certification, timber management plan and/or past timber sales or sales of related timber or forest products. It includes breeding, raising, feeding, grazing, housing and pasturing of horses, beef and dairy cattle, poultry, sheep, swine and honey bees. All of these farm uses must be for the purpose of selling such animals or products for a profit in the marketplace. The term “farming” includes the operating of such an area for one or more of the above uses, with the necessary accessory uses for treating or storing the product; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities. Farming does not include the raising of plants and/or animals primarily for the purpose of personal use and enjoyment of the owners or occupants of the subject property and not for the purpose of selling such animals, plants or products for profit in the marketplace; auction sales yards; recreational facilities including game preserves or hunting preserves; nor areas used primarily for residential or recreational purposes. Nursery products (if grown inside a building), sod farming, dog kennels are all considered to be commercial uses and are not considered farming in regard to this ordinance. Farming also does not include a contract where a processor or distributor of farm products or supplies provides spraying, harvesting or other farm products or services, if that is the only farming activity taking place on the property.