Title
Ordinance Amending the Land Development Code, Chapter 18, to Exempt Currently Existing Bona Fide Farm Uses Over Ten Acres from Certain Zoning and Permitting Requirements
(LDC-4-1123)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City of Wilmington desires to have a modern land development code consisting of all of the City's major land development and land use regulations in one unified document; and,
WHEREAS, the City is authorized by the General Statutes of North Carolina, including Chapter 160D, to enact land use ordinances; and,
WHEREAS, local governments are authorized by N.C.G.S. ??160D-102, 160D-108(d), 160D-603, and 160D-702 to amend ordinances regulating land use within their jurisdiction; and,
WHEREAS, the amendment set out below is made in accordance with N.C.G.S. ?160D-601, and Article 7, ?18-587 of the City's Land Development Code ("LDC"); and,
WHEREAS, the amendments set out below are intended to exempt existing agricultural uses within the City located on lots larger than ten acres, which would otherwise qualify as bona fide farms under state statute in counties, from certain permitting requirements and other standards set forth in the LDC; and,
WHEREAS, these amendments will provide consistent application of permitting requirements for agricultural structures in the City and County; and,
WHEREAS, these amendments will also allow agritourism uses in the City which are already currently permitted in the County under state statute, within the parameters of the City Code.
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 18, Article 1, is hereby amended as follows to insert subsection D., exempting existing bona fide farms over ten acres from zoning requirements:
"D. Existing bona fide farming operations exempt from City zoning
1. Bona fide farm purposes include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and...
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