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Agricultural Exemption from Building Code Application Page 1 of 3 DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] Agricultural Exemption exempts farm houses and farm buildings, primarily adapted for agriculture from the building code, while so used. The Director of Planning & Development must approve all applications for Agricultural Exemption. The following are the basis for the decision-making process: From Chapter 47 Construction Code, 47.1.11 Limitations and Exemptions 47.1.11.A. This ordinance is limited by Iowa Code § 331.304 and 331.304A as strictly and narrowly construed. As such this ordinance does not apply to the construction of farm houses or other farm buildings which are primarily adapted for use for agricultural purposes, while so used or under construction for that use, an animal feeding operation, an animal feeding operation structure or aerobic structure as defined in §459.102 of the Iowa Code. This ordinance is applicable to all other structures unless specifically exempted. From the Code of Iowa § 331.304 Procedural limitations on general county powers. 331.304(2.)(b.) A county building code shall not apply to farmhouses or other farm buildings which are primarily adapted for use for agricultural purposes, while so used or under construction for that use. From the Code of Iowa § 331.304A Limitations on county legislation. 331.304A A county shall not adopt or enforce county legislation regulating a condition or activity occurring on land used for the production, care, feeding, or housing of animals unless the regulation of the production, care, feeding, or housing of animals is expressly authorized by state law. County legislation adopted in violation of this section is void and unenforceable and any enforcement activity conducted in violation of this section is void. A condition or activity occurring on land used for the production, care, feeding, or housing of animals includes but is not limited to the construction, operation, or management of an animal feeding operation, an animal feeding operation structure, or aerobic structure, and to the storage, handling, or application of manure or egg washwater. I understand and agree to the following: 1. To the best of my knowledge, the information provided on this application is complete and accurate. 2. Agricultural exemption applies only to farmhouses and other farm buildings that are primarily adapted for use for agricultural purposes, while so used. 3. If a building is used for a non-agricultural use, the exemption no longer applies, and the building may be subject to building code and zoning regulations. (Signature of Applicant) (Date) Notice Along with this application please also provide a copy of Schedule or Farm Corporation Tax Form from your most recent Federal Income Tax return. The determination of Agricultural Exemption is made by the Director of Planning and Development. Appeal of the Director’s decision must be made within thirty (30) days of the decision. Decision Approve Deny (Signature) (Date) S I G N H E R E ---PAGE BREAK--- Agricultural Exemption from Building Code Application Page 2 of 3 DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] Applicant (Please provide the contact info for the individual(s) seeking the exemption) (Name) (Mailing Address/P.O. Box) (City/Post Office) (State) (Zip) (Primary Phone) Home Work Mobile (Email Address) Location (Please provide the location of the proposed project) (E-911 Address) (City/Post Office) (1/4 Section) (Section Number) (Township Name) (PIN) (Lot and Subdivision or Other Legal Description) Agricultural Activity (Please list all crops and livestock produced, on average, on the farm unit annually. Attach additional sheets as necessary.) Crop Type(s) Total Acres (Average) % For Commercial Production (Average) Livestock Type(s) Total Head (Average) % For Commercial Production (Average) Proposed Construction (Please check the appropriate box and provide additional information below.) New House House Addition/ Remodeling If the proposed construction is for a new house or house addition / remodeling, you must complete the information on Page 3 New Accessory Building (please list the size and use of the building, including materials & equipment stored) Other (Please specify construction type and building use) ---PAGE BREAK--- Agricultural Exemption from Building Code Application Page 3 of 3 DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] ONLY COMPLETE THE INFORMATION IN THIS BOX IF THE PROPOSED CONSTRUCTION IS FOR A NEW HOUSE OR HOUSE ADDITION / REMODELING The exemption only applies to structure primarily adapted for agricultural purposes, and only while so used for agricultural purposes. Additionally, in order to qualify for the exemption as a farmhouse the occupants must be “engaged in agriculture” as defined below. Please provide detailed answers for all items as appropriate. (Attach additional sheet if necessary.) “Engaged in agriculture.” For the purpose of applying this exemption, “engaged in agriculture” shall include but not limited to any of the following: A. Inspect agricultural operation periodically and furnish at least half the direct cost of the operations. (Please provide information about the input costs that you furnish to the operation.) B. Regularly and frequently make or take an important part in making management decisions substantially contributing to or affecting the success of the agricultural operation. (Please provide information about your role in making management decisions regarding the operation.) C. Perform physical work, which significantly contributes to the agricultural operation. (Please provide information about the nature of the physical work, including average hours worked, as part of the operation.)