I want to talk about zoning ordinances and how they have influenced the design of our property. We're in what's called the extra-territorial jurisdiction (ETJ) of Broadway, North Carolina, in Lee County. Which is to say, we are located outside the corporate limits of the town itself, but we are subject to the zoning ordinances of both Lee County and Broadway. We are on property that is zoned low-density residential. We are not, however, zoned agricultural.
When we moved here in 2011 we told the town manager what we intended to do with the property and he gave us the appropriate extracts from the uniform zoning ordinances of Lee County and Broadway. First restriction: all livestock must be fenced so they are no closer than 200ft from any residence, to include our own. Second restriction: stocking rate for livestock is no more than two per acre (we're on 4.6 acres so that means up to nine, and the ordinance treats a goat and a Clydesdale as one in the same). Third restriction: no commercial greenhouses. Fourth restriction: produce stands are allowed on "bona fide farms", but only if they sell what's produced on site. And the fifth and last restriction I'll mention here: certain out-buildings are subject to code enforcement.
In 2014 the North Carolina General Assembly passed legislation that (gasp) helped us, a lot. They clarified the previously murky topic of what it takes to be a bona fide farm, and they clarified that only the State has the right to regulate agricultural activities on bona fide farms, and that counties, cities, and towns have NO authority to limit agricultural activities outside of the corporate boundaries of cities or towns, and strengthened the right to farm laws. They also declared that out-buildings used for agriculture are largely exempt from code enforcement (this includes greenhouses).
So we became a bona fide farm by adopting two of the means specified by the State (only one is required): we filed a schedule F (report of farm income) with our federal tax return and we obtained a Farm Service identification number. Instant farm, at least where North Carolina is concerned. Here's what changed. The stocking rate for our livestock is now limited by our good judgment and respect for nuisance laws. We can raise, process, and sell up to 1,000 chickens on site per year without any kind of inspection. We can install and operate a greenhouse that's as large as we want as long as its used for agriculture. We can build and operate a farm stand that's up to 1,000 square feet. We can conduct retail sales from the farm stand up to 180 days per year with the only burden being we have to register as a certified Carolina produce stand (one page form that adds the farm to a registry for marketing purposes). The biggest change, though, is we are protected from the county or town ever annexing us into the corporate territory of Broadway and shutting us down. That provides peace of mind and wide latitude on what we can do.
Along the way we have checked in with the county planning board on what we've done. It's happened a time or two that the staff quoted outdated codes to say we couldn't do what we wanted and we've pointed out the current language and they've said yup, we can do what we want.
Operating legally and above board is important where we are. We're on Main Street, one lot outside the corporate territory of Broadway, one half mile from the town office. The entire town drives by our house every day. We can't hide what we do because we're always on display.
