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Definition of Farmer and the granting of Ag Exemptions from Building Codes and Zoning Ordinances
The Revised Scott County Zoning Ordinance definition of farmer and farming describes how the granting of an ag-exemption is determined by Scott County. It results in a two fold test. First, an individual must demonstrate that he or she is actively involved in a day to day farming operation and derives income from a farming operation or is retired from farming. Second, the buildings and land must also be primarily adapted and used for agricultural purposes. A request would have to meet both these requirements before being considered ag-exempt. It does not allow a farmer to construct non-ag buildings or use his or her land for non-ag purposes unless they comply with zoning regulations. It would also require zoning compliance for a building or land used for ag purposes if the owner does not meet the definition of farmer.
In order to be considered exempt from the Scott County Zoning Ordinance and building codes a farmer is requested to apply for and be granted an ag-exemption certificate.
Farmers are not exempt from floodplain development or subdivision regulations.
FARM: A tract of land owned or rented by a farmer, primarily adapted for agricultural purposes, forty (40) acres or greater in size and assessed as agricultural property by the Scott County Assessor. Tracts of land owned or rented by a farmer, less than forty (40) acres in size, assessed as agricultural property by the Scott County Assessor and claimed as exempt from Zoning regulations as being primarily adapted for agricultural purposes shall be reviewed by making application to the Zoning Board of Adjustment in accordance with the Board's procedures for Appeals of Interpretation. The Board of Adjustment shall make a determination on whether the level of existing or proposed agricultural activity on the property can be considered "primarily adapted for agricultural purposes" and therefore exempt from Zoning and Building Code regulations.
FARMER: A person or persons actively engaged in farming
and deriving taxable income from such activity-or someone who is
retired from farming when it relates to the land the farmer formerly
farmed
