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101 S Main St.
Charles City, IA 50616
The State of Iowa has given counties authority to develop zoning regulations for their unincorporated areas. However, the state has declared that farms should be able to operate relatively free from local restrictions. This “right to farm” is contained in the following section from the Code of Iowa:
335.2 Farms exempt.
Except to the extent required to implement section 335.27, no ordinance adopted under this chapter applies to land, farm houses, farm barns, farm outbuildings or other buildings or structures which are primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used. However, the ordinances may apply to any structure, building, dam, obstruction, deposit or excavation in or on the flood plains of any river or stream.
The purpose of this Agricultural Building Permit Exemption Application, hereinafter known as Exemption Application, is to give the Planning and Zoning Department a fair and effective tool in determining whether a particular improvement is eligible for the agricultural exemption, which in turn determines whether a building permit fee is required pursuant to Floyd County zoning regulations. In order to qualify under the agricultural exemption, it must be clearly demonstrated that the principal use of the land and the proposed building(s) are farm-related. Please complete and submit this application along with a Site Diagram, to the Floyd County Planning and Zoning Department.
The Planning and Zoning Department shall review the information and provide a written determination to the applicant stating whether the exemption was granted or denied within 5 business days after the completed application was received by the Floyd County Planning and Zoning Department. Please be advised that if your proposal qualifies for an agricultural exemption it is applicable to the proposed improvement only. Building permit fees will be collected only if the farm exemption is denied. If the Exemption Application is approved, voluntary compliance with the Floyd County Zoning Ordinance is requested but not required.
Agricultural exemptions do not apply for:
Please list all proposed building or structures and intended uses for each.
How many bedrooms, if any, are included in the plans for the structure?
How many bathrooms, if any, are included in the plans for the proposed structure?
This must be confirmed by the applicant with the Floyd County Flood Plain Manager.
Please complete the following statements regarding the subject property.
A copy of this is not required or requested.
Please provide any information which may be helpful in reviewing the application to determine if the proposed building or structure is primarily adapted, by reason of nature and area, for use for agricultural purposes, while so used.
A Site Diagram showing all existing buildings, septic system, well location, and entrances from roadways. Site Diagram must include the size, shape, and location of any proposed building included in the Exemption Application. Site Diagram need not be drawn to scale.
I hereby certify that I have read and examined this application and verify to the best of my knowledge the information contained herein to be true and correct. I hereby acknowledge that the exemption cited in Iowa Code Section 335.2 applies to “land, farm houses, farm barns, farm outbuildings, or other building or structures which are primarily adapted, by reason of nature or area, for the use for agricultural purposes while so used.”
I further acknowledge that should the use of the land or buildings change, or be discovered, so as not to qualify under this exemption, such use shall be subject to Floyd County zoning regulations. I hereby give my consent for the Planning and Zoning Department to enter and inspect the subject property. As titleholder/applicant, I understand that this application must be reviewed by the Planning and Zoning Department, and I may not initiate improvements until the exemption has been granted.
I also understand that any violation of any of the above provisions may bring legal action against me by Floyd County.
This must be obtained from the Engineering Office
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