153A Morton Lane, P.O. Box 863, Appomattox, VA 24522

phone: 434-352-8183; Fax: 434-352-4214

 Farm Structure Exemption Affidavit

Farm building and structures are exempt from the Virginia Uniform Statewide Building Code requirements (§102.3) when located on a property where agriculture is permitted by zoning and farming operations take place.

 

Farm Building or Structure – A building or structure, not used for residential purposes, located on property where farming operations take place, and used primarily for any of the following uses or combination thereof:

 

·         Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced in the farm.

·         Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal products.

·         Business or office uses relating to the farm operation.

·         Use of farm machinery or equipment, or maintenance or storage of vehicles, machinery, or equipment on the farm.

·         Storage or use of supplies and materials used on the farm.

·         Implementation of best management practices associated with farm operations.

·         Will only be frequented generally by the owners, member of the family, and farm employees.

·         Is located in districts where agriculture is permitted.

 

Farm buildings and structures lying within a flood plain or in a mudslide prone area are subject to flood-proofing and/or mudslide regulations.  This exemption does not apply to any building or portion thereof operated as a restaurant (per VA code §35.1-1) and licensed as such by the Virginia Board of Health.

 

Real Estate devoted to agricultural or horticultural use shall meet the criteria set forth and the standards prescribed per VA code §58.1-3230 and §58.1-3233.  Specifically, as stated in VA code §58.1-3233 (2) and Appomattox County Code §3.7-49 (B), real estate devoted solely to agricultural or horticultural uses shall consist of a minimum of five (5) acres.

 

Appomattox County reserves the right to verify that the information submitted is true, and to require all necessary permits if it is determined to be invalid.  Intensive agricultural activities are subject to the additional requirements of the Zoning Ordinance and are subject to further review and approvals.  I have read and understand the above and affirm that the structure identified qualifies as a farm exemption.

This portion of the form must be notarized. You may submit the form as is to Appomattox County and then stop by during business hours (8:00 a.m.-4:30 p.m. Monday-Friday) at 153 A Morton Lane Appomattox, VA to have it printed and notarized. You may also print the PDF version of this form and have it notarized then drop it by the County Administration building in the Drop Box or at the front desk during business hours.

 

Any lot(s) created on or after July 1, 2004 are subject to the requirements of the Virginia Stormwater Management Act through the "common plan of development or sale" regulation. If your property is not within a "common plan of development or sale", then the 1 acre of disturbed area rule applies.

A permit may be required to discharge stormwater from a construction activity. DEQ administers these permits under Virginia Stormwater Management Program (VSMP) regulations, authorized by the Virginia Stormwater Management Act (§ 62.1- 44.15:24 et seq).

Localities, operating under the DEQ program, must make a determination as to whether or not a stormwater permit is required prior to issuing any local building or zoning permit.

Application for zoning approval must be made by the Landowner or with his/her permission. If the Applicant is different than the Landowner, then one of the following must accompany the application (1) Authorized Agent Affidavit, (2) Letter of permission from the Landowner, (3) copy of a signed contract or agreement for the work to be done OR (4) a copy of the contract to purchase the property, if applicable.

** Attach a plat/survey or aerial photograph showing the placement of any proposed structure(s), setbacks, or other information, as appropriate to make a determination on this application. **

As viewed from the street/road please include a setback measurement:

A Zoning Permit is required for the construction or placement of any structure. The information provided, concerning the land use and zoning setbacks, is true to the best of my knowledge. I realize, as owner/applicant, that I am responsible for identifying the property lines for determination of setback compliance. I also realize if the setback requirements of the Appomattox County Zoning Ordinance are not met then I will be in violation of the Appomattox County Code and corrective action will be required.