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 all other forms of agriculture as defined in N.C.G.S. §106-581.1. To qualify as a bona fide farm under this exemption, a property must contain at least ten acres dedicated to farm use, as demonstrated by at least one of the following:
a. Current farm sales tax exemption issued by the Department of Revenue,
b. Current property tax listing showing the property is eligible for participation in the present-use value program pursuant to N.C. Gen. Stat. §105-277.3,
c. Farm Owner’s or Operator’s Schedule F from the most recent federal income tax return,
d. A forestry management plan, or
e. Registration as a United States Department of Agriculture (USDA) Farm.
2. Currently existing bona fide farming uses as of the effective date of this ordinance are exempt from this chapter to the same extent bona fide farming activities are exempt from county zoning pursuant to N.C.G.S. §160D-903. Accessory structures and buildings associated with and on the same parcel as a "bona fide farm" have the same exemption from the building code as they would have under county zoning.
3. Exempt properties under this subsection shall remain subject to Article 4, Division 1, Stormwater, for built upon area not exempted by this chapter (See 18-253(D)(6)(e)).
4. Exempt properties under this subsection shall remain subject to Article 4, Division 3, Conservation Resource Regulations.
5. When a property ceases to qualify as a bona fide farm, or decreases in size below ten acres, the property will cease to qualify for exemptions under this section.
6. To the extent qualifying properties are governed by federal, state, or county regulations, those regulations are still applicable to bona fide farms and are not impacted by this section.”
SECTION 2: Chapter 18, Article 4, §18-253(d)(6) is hereby amended as follows to add subsection (e) to clarify that any built upon area associated with agritourism uses are subject to stormwater requirements, and that the stormwater exemption only applies to built upon area associated with agricultural production:
“e. Bona fide farms are exempt from stormwater regulations for built upon area associated with agricultural production and activities incidental to agricultural production as referenced in N.C.G.S. §113A, Article 4.”
SECTION 3: This ordinance shall be effective immediately upon its adoption.