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INDIAN RIVER COUNTY/CITY OF VERO BEACH
<br />BUILDING DIVISION
<br />1801 27th Street, Vero Beach, FL 32960 772 266-1260
<br />(No Fee)
<br />Verification of Exemption for Nonresidential Farm Building
<br />Generally, nonresidential farm buildings are an allowed accessory use on an agricultural property when State of Florida Statutes and
<br />licensing requirements are met. Local and state requirements are listed below:
<br />1
<br />Indian River County Ordinance Section 401.14 Agricultural exemption
<br />Nothing contained in this article shall be construed to apply to or affect buildings, structures or appurtenances located outside the corporate
<br />limits of municipalities and used solely for housing or storing agricultural animals, supplies, equipment or products by person, firm, or
<br />corporations engaged in agriculture. The exemption shall be construed consistent with applicable state exemptions and the Florida Building
<br />Code. Note: Structures complying with this section are exempt from Building Permit requirements;. no Building Permit is required.
<br />Florida Statute 553.73(10)(c) and Florida Building Code 102.2 (c)
<br />(10) The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further
<br />exemptions. shall be as determined by the Legislature and provided by law:
<br />(c) Nonresidential farm buildings on farms.
<br />Florida Statute 604.50 Nonresidential Farm Buildings
<br />(1) Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located
<br />on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or
<br />fee, except for code provisions implementing local, state, or federal floodplain management regulations. A farm sign located on a
<br />public road may not be erected, used, operated, or maintained in a manner that violates any standard provided in s. 479.11(4),
<br />(5)(a), and (6)-(8).
<br />(2) As used in this section, the term:
<br />(a) "Bona fide agricultural purposes" has the same meaning as provided in s. 193.461(3)(b).
<br />(b) "Farm" has the same meaning as provided in s. 823.14.
<br />(c) "Farm sign" means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to
<br />farm produce, merchandise, or services sold, produced, manufactured, or fumished on the farm.
<br />(d) "Nonresidential farm buildings" means any temporary or permanent building or support structure that is classified as a
<br />nonresidential farm building on a farm under s. 553.73(10) (c) or that is used primarily for agricultural purposes, is located on
<br />land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461, and is not intended to be used
<br />as a residential dwelling. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage
<br />building, or poultry house.
<br />Florida Statute 823.14 (3) Definitions — As used in this section:
<br />(a) "Farm" - means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or
<br />aquaculture products.
<br />(b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which
<br />occur on a farm in connection with production of farm, honeybee, or apiculture products and includes, but is not limited to, the
<br />marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; generation of noise,
<br />odors, dust, and fumes; ground or aerial seeding and spraying; the placement and operation of an apiary; the application of
<br />chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.
<br />Florida Statute 193.461(3)(b)
<br />(3)(b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes
<br />shall be classified agricultural. The term "bona fide agricultural purposes" means good faith commercial use of the land.
<br />1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into
<br />consideration:
<br />a. The length of time the land has been used.
<br />b. Whether the use has been continuous.
<br />c. The purchase price paid.
<br />d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment.
<br />e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted
<br />commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other
<br />accepted agricultural practices.
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