Pursuant to G.S. § 160D-903 and the definition of bona fide farm in § 154.003-02, zoning regulations may not affect property used for bona fide farm purposes; provided, however, that this section does not limit zoning regulation with respect to the use of farm property for non-farm purposes. Except as provided in G.S. § 106-743.4 for farms that are subject to a conservation agreement under G.S. § 106-743.2, 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 G.S. § 106-581.1. Activities incident to the farm include existing or new residences constructed according to the applicable residential building code and situated on the farm occupied by the property owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. For purposes of this section, "when performed on the farm" in G.S. § 106-581.1(6) includes the farm within the jurisdiction of the county and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located. For purposes of this section, the production of a non-farm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. § 106-743.2 is a bona fide farm purpose.
(A) For purposes of determining whether a property is being used for bona fide farm purposes, any of the following is sufficient evidence that the property is being used for bona fide farm purposes:
(1) A farm sales tax exemption certificate issued by the Department of Revenue;
(2) 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;
(3) 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; and
(4) A forest management plan.
(B) Failure to maintain the requirements of this division for a period of three years after the date the structure was originally classified as a bona fide farm purpose subjects the structure to applicable zoning and development regulation ordinances adopted by the county pursuant to G.S. § 160D-702, in effect on the date the property no longer meets the requirements of this section.
(C) For purposes of this section,
AGRITOURISM means any activity carried out on a farm or ranch that allows the public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or natural activities and attractions. A structure used for agritourism includes any 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.
(Ord. passed 9-17-2001; Ord. passed 3-17-2003; Ord. passed 5-5-2003; Ord. passed 5-29-2003; Ord. passed 12-1-2003; Ord. passed 5-17-2004; Ord. passed 8-16-2004; Ord. passed 2-21-2005; Ord. passed 4-18-2005; Ord. passed 1-17-2006; Ord. passed 11-4-2013; Ord. passed 4-17-2023)