The Affidavit for Farm Use Exemption, printed on the form as the Farm Use Structure Affidavit Exemption Form, is a sworn statement filed with the City of Chesapeake Zoning Administration. In it, a property owner or the owner's agent affirms that the parcel is used for farming and that the planned structures qualify as a "Farm building or structure" under the Virginia Uniform Statewide Building Code (USBC), for a building permit exemption. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the City of Chesapeake.
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What is Affidavit for Farm Use Exemption – Chesapeake, VA?
The Affidavit for Farm Use Exemption (printed title: Farm Use Structure Affidavit Exemption Form) is the City of Chesapeake, Virginia, form on which an owner or the owner's agent swears that a parcel is used for farming and that proposed structures are exempt farm buildings under the USBC.
The affidavit has two parts. The affiant states the real estate parcel number, describes the farm operation, gives a USDA Farm Program ID number if one applies, checks the farm uses planned for the structures and lists each structure with its dimensions, type and site plan label. A notary public completes the notary block. A Department Use Only section then records two decisions: the Zoning Administrator approves or disapproves the farm use under the City's use of the OSHA SIC codes, Division A: Agriculture, Forestry and Fishing, and the Building Official approves or disapproves the building permit exemption.
The form defines a "Farm building or structure" as one not used for residential purposes, located on property where farming operations take place, and used primarily for one or more of six uses listed in Chapter 2 of Part I of the USBC.
The form is a building permit and zoning document. It is not a tax form, and it describes no tax benefit. Even when the exemption is approved, a permit from the Department of Development and Permits-Zoning Division is still required to confirm the structure complies with the Chesapeake Zoning Ordinance.
Who needs to file Affidavit for Farm Use Exemption – Chesapeake, VA?
The owner of a parcel in the City of Chesapeake, or an agent for the owner, completes this affidavit when farming takes place on the property and the owner wants a proposed structure exempt from a building permit as a farm building or structure.
The form sets these conditions:
- The property must be used for a farming operation within one of the Major Groups of the City's use of the OSHA SIC codes, Division A: Agriculture Production Crops, Livestock and Animal Specialties, Agriculture Services, Forestry and Fishing, Hunting and Trapping.
- The structure must not be used for residential purposes and must be used for one or a combination of the six exempt farm uses.
- Approval or denial covers only the structures listed on the form. Any structure not listed needs its own Farm Use Structure Affidavit Exemption Form.
The affiant signs before a notary public. Anyone who plans to use a structure for non-farm purposes should know the form states that such use may require a new building permit, final inspection and/or a certificate of occupancy.
When to file Affidavit for Farm Use Exemption – Chesapeake, VA
Submit the affidavit when you propose to build a farm structure and want a building permit exemption, before construction: the form is written for structures "to be constructed," and the Zoning Administrator must approve the farm use of the property before the exemption to the USBC can be granted. The form prints no filing deadline and no processing time.
An inspection of the property may be required before the exemption is approved. If you disagree with a decision, Section 119.5 of Part I of the USBC, quoted on the form, allows a person aggrieved by the local building department's application of the USBC to appeal to the Local Board of Building Code of Appeals (LBBCA). The written appeal request is due within 30 calendar days of receiving the decision; failure to submit it within 30 days constitutes acceptance of the building official's decision.
Documents you need
- A site plan or survey showing the proposed location of the structure(s), with each structure clearly marked and labeled to match the labels on the form.
- An image of the proposed structure(s).
- Notarization of the affidavit: the notary public completes the "For Notary Public's Use Only" block after the affiant signs before the notary.
How to fill out Affidavit for Farm Use Exemption – Chesapeake, VA
Enter your name and address
In the affidavit sentence "I, ___ of ___," print your name and your address. You sign as the owner or as the agent for the owner of the property.
Identify the parcel
Enter the real estate parcel number of the property in the City of Chesapeake, Commonwealth of Virginia.
Describe the farm operation
On the line after "Specifically, the following farm operation conducted is," describe the farming operation. It must fit one of the Major Groups of OSHA SIC codes Division A listed on the form.
Add the USDA Farm Program ID
Enter the USDA Farm Program ID number for the farm operation on the property, only if one applies.
Check the farm uses
Under "Please check all applicable uses," check each of the six exempt uses that applies to the structure(s), such as storage of farm products or sheltering of agricultural animals.
List each structure
In the Farm Structure Details table, enter for each structure (rows A to E) its dimensions (length x width), its type (pole barn, greenhouse, shed, etc.) and its label on the site plan.
Read the acknowledgments
Read the statements above the signature line: approval covers only the listed structures, non-farm use may need a new permit, and a Zoning Division permit is still required.
Sign, date and add contact details
Sign as affiant, enter the date, and add your phone number and email address.
Have the form notarized
Sign before a notary public, who completes the state, city or county, the day, month and year, the signature, the commission expiration and the registration number.
Prepare the attachments
Prepare a site plan showing the proposed location of each structure and an image of the proposed structure(s). Do not fill in the Department Use Only section.
Review and download the completed PDF
Check that the parcel number, structure labels and dates match your site plan. Download or print the completed PDF from FillingPDF and assemble the package described under How to submit.
How to submit Affidavit for Farm Use Exemption – Chesapeake, VA
The form's instructions say to present the notarized affidavit and its attachments to the Zoning Administrator and the Building Official, who approve or deny the farm use and the building permit exemption. The form names no other channel.
- Office: Zoning Administration, 306 Cedar Road, 2nd Floor, Chesapeake, VA 23322.
- Phone: 757-382-6018. Fax: 757-382-8448.
- Email: [email protected].
The package is the completed, signed and notarized affidavit, a site plan showing the proposed location of the structure(s), and an image of the proposed structure(s). Each structure must be clearly marked and labeled on the site plan or survey, matching the labels on the form. Leave the Department Use Only section blank; the Zoning Administrator and Building Official complete it.
Contact Zoning Administration at the numbers above to confirm how it takes the package. FillingPDF lets you fill out and download the PDF; submission follows the City's channels above.
Common mistakes to avoid
- Submitting the affidavit without a notary public's acknowledgment; the instructions say to complete, sign and notarize the form.
- Leaving out the site plan or the image of the proposed structure(s), both of which the instructions require.
- Not marking and labeling each structure on the site plan with the same label (A through E) used in the Farm Structure Details table.
- Leaving structures off the form and assuming they are covered; approval applies only to the structure(s) listed, and each unlisted one needs a separate form.
- Describing a structure meant for residential use; the exemption covers only buildings not used for residential purposes.
- Assuming approval ends the process; a permit from the Department of Development and Permits-Zoning Division is still required to confirm Chesapeake Zoning Ordinance compliance.
- Using an approved structure for non-farm purposes, which the form says may require a new building permit, final inspection and/or a certificate of occupancy.
- Missing the 30-calendar-day window to appeal a decision to the Local Board of Building Code of Appeals, which counts as accepting the decision.
Frequently asked questions
What is the Affidavit for Farm Use Exemption in Chesapeake, VA?
It is a notarized affidavit, printed as the Farm Use Structure Affidavit Exemption Form, in which a property owner or agent affirms that a parcel is farmed and that proposed structures are farm buildings. The Zoning Administrator and Building Official then approve or deny the building permit exemption.
Is this a Chesapeake property tax exemption?
No. The form is not about chesapeake property tax. It concerns an exemption from a building permit under the Virginia Uniform Statewide Building Code, and it describes no tax benefit. For tax matters, check the City's other forms, such as those listed by the Commissioner of the Revenue.
Does the form have to be notarized?
Yes. The instructions say to complete, sign and notarize the form. The affiant signs before a notary public, who completes the "For Notary Public's Use Only" block with the date, commission expiration date and registration number.
What do I attach to the Farm Use Structure Affidavit Exemption Form?
Attach a site plan showing the proposed location of the structure(s) and an image of the proposed structure(s). Each structure must be marked and labeled on the site plan with the same label you enter in the Farm Structure Details table.
Does approval mean I don't need any permit?
No. Approval exempts the structure from the building permit under the USBC only. The form states that a permit from the Department of Development and Permits-Zoning Division is still required to ensure the structure complies with the Chesapeake Zoning Ordinance.
Can I add a structure later without a new form?
No. The decision applies only to the structures listed on the form. Any structure not listed requires a separate Farm Use Structure Affidavit Exemption Form to be submitted for review.
How do I appeal a denial of the exemption?
Submit a written appeal request to the Local Board of Building Code of Appeals within 30 calendar days of receiving the decision. Include the owner's name and address, the appellant's name and address if different, and a copy of the decision. Missing the 30 days counts as accepting the decision.
Can I fill out the Affidavit for Farm Use Exemption online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF does not file it with the City of Chesapeake and is not connected to the City; you still sign before a notary and present the form to Zoning Administration.
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