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+--- Thread: Ag lots for residential only? (/showthread.php?tid=11371)
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Ag lots for residential only? - lattelady49 - 09-22-2013
As we are looking at 2 & 3 acre lots to build on, I am interested to know if, IYHO, the subdivision HOAs and/or CC&Rs override county zoning codes? Can I have a few goats? Can I build a greenhouse? Can I raise rabbits for their fur or chickens for their eggs?
RE: Ag lots for residential only? - jlgerk - 09-22-2013
Yes, yes, and yes.
RE: Ag lots for residential only? - Rene Siracusa - 09-23-2013
Depends on the subdivision and how they spell these things out in their CC&Rs. Just about all the Puna subdivisions are zoned ag even though they are used as residential - but that doesn't mean you can have livestock. Each subdivision is different, so there is no blanket yes and yes and yes and yes. Do your homework.
RE: Ag lots for residential only? - Rene Siracusa - 09-23-2013
BTW there is lots of land in Puna, zoned Ag, of course, that is NOT in subdivisions. And you can have your goats, chickens and rabbits - but maybe not power poles, county water or paved roads. There may be a trade-off and you should identify your priorities in advance. Good luck.
RE: Ag lots for residential only? - kalakoa - 09-23-2013
Rene has it 110% right. In some cases, the "unmaintained quasipublic road" is actually a much better deal than a "subdivision association road".
RE: Ag lots for residential only? - lattelady49 - 09-23-2013
Mahalo kalakua and ReneS, I think you are saying what I was beginning to understand as I have been studying each subdivision the best I can from Arizona right now. Even though the subdivisions are Ag, there may be CC&Rs that have a "stricter" residential code. If so, the code rules.
RE: Ag lots for residential only? - kalakoa - 09-24-2013
Better advice would be "don't look to forums for zoning issues". That said...
Ag zoning means "primary dwelling by right" but "don't need infrastructure" (roads, water).
Ag puts almost no restrictions on livestock.
There is an "ag-lite" zoning called FA (family agriculture) which still includes "primary dwelling" but puts limits on livestock.
R zoning is "strict residential".
Some subdivisions are zoned Ag but attempt to enforce R norms via CC&R.
Some "ag" subdivisions include R portions, such as in Nanavale.
Historical note: Ag zoning now requires enough land to actually practice ag; there was a rush of subdivision applications prior to this rule, which is how you end up with an 8000-square-foot "farm lot" (Ainaloa, Nanavale, others).
IMHO "someone" should write a brochure that highlights these issues; real estate agents could hand it out to anyone looking to buy in the "Ag subdivisions", so that these things aren't a "big surprise" later. Yes, "buyer to perform due diligence", but most people (myself included) wouldn't even know what questions to ask.
RE: Ag lots for residential only? - Lee M-S - 09-30-2013
Also, search out the various subdivision websites. They have lots of information, including CCRs and probably zoning.
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RE: Ag lots for residential only? - Wayman - 10-13-2013
IF I understand correctly, and that is a big if, there is a big drop in taxes with AG zoning. And, (big IF again) if I am correct, you must actually sell something agricultural during the year and have receipts. Check carefully don't assume.
RE: Ag lots for residential only? - Rob Tucker - 10-13-2013
Someone may correct me but I think you will see little difference in tax rate for land that is merely zoned AG. I have a farm that was inspected by the county for the agriculture in use and had my taxable value reduced to something like $250 an acre. But they came and looked at my livestock and fencing to verify. Just having a house and a couple tomato plants on AG zoned land won't get you a measurable tax break.