1. The regulations of the Dare County Zoning Ordinance shall not apply to property used for bona fide farming purposes as defined in the North Carolina General Statutes and Section 22-2 of this chapter. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute evidence that the property is being used for bona fide farm purposes:
a. A farm sales tax exemption certificate issued by the North Carolina Department of Revenue.
b. A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3
c. A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
d. A forest management plan.
2. Additionally, a building or structure that is used for agritourism is a bona fide farm purpose. Agritourism means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals and other events that are taking place on the farm because of its farm or rural setting.
3. Failure to maintain the requirements of this section for a period of 3 years after the date the building or structure was originally classified as a bona fide farm purpose shall subject the building or structure to the applicable zoning and development regulations for the property.
4. The Dare County Building Inspector shall determine the applicability of the North Carolina Residential Code and Building Code for any structure or building to be located on property exempted as a bona fide farm.
(Ord. passed 6-21-2021)