“Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres.”
- In order to qualify for an exemption from zoning regulations as property used for “grazing or general agricultural purposes” the property must meet each of the following standards:
- The property is at least five (5) contiguous commercial acres in size. (A commercial acre is thirty-six thousand (36,000) square feet.)
- The primary use of and investment in the property is directed toward production of agricultural products through agronomy, horticulture or animal husbandry (‘exempt purposes’).
- The property is intended for, and is reasonably capable of, producing a normal profit through exempt purposes.
- The primary function of the property is to produce an agricultural crop or commodity and is found by the County Assessor to be a qualifying agricultural property in accordance with the Arizona Department of Revenue Agricultural Manual.
- Property used primarily for residential, commercial or recreational purposes, on which livestock or agricultural production is incidental, including hobby farms or ranches, horse acres, cabin sites or forestry tracts does not qualify for exemption. Property cultivated on a supplement or part-time basis, such as minifarms or gardens not capable of economic self-sufficiency on the basis of agricultural use, generally do not qualify for an exemption.
- An exemption granted the property owner, is open to review and may be cancelled at any time upon a determination by the Land Use Specialist that the property no longer meets the standards of Paragraph A.
- Application for initial exemption or for renewal of an existing exemption shall be made on forms provided by the Development Services Department. The Land Use Specialist will evaluate each application for compliance with the standards set forth in this Section.
- With respect to property not previously used for an exempt purpose, a provisional exemption may be granted on the basis of representations by the owner as to the intended use of the property, subject to presentations by the owner of evidence of compliance with Paragraph A, within one (1) year after grant of the exemption.
- A person aggrieved by a decision of the Land Use Specialist to grant, deny or cancel an exemption may appeal to the Board of Adjustments and Appeals in the manner provided by Ordinance for appeal of an enforcement decision.
Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres.
Agricultural Exemption Application