Orange County NC Website
2 <br />Meeting minutes for these meetings can be found by referencing the appropriate folder at: <br />http: / /server3.co.orange.nc.us- 8088 /weblink8 /Browse.aspx ?startid =3 &dbid =0 <br />Ultimately, the project was put on hold in early 2009 as the County Attorney at the time <br />determined the conditional zoning concept upon which ASE was predicated should wait to be <br />incorporated into the County's ordinances as part of the Unified Development Ordinance (UDO) <br />process that was anticipated to occur. <br />In recent years, the North Carolina General Assembly further defined the types of uses that <br />constitute "agriculture ". (Relevant sections of State Statutes can be found in Attachment A). <br />The result of these changes is that several types of land uses that may have formerly required <br />zoning approval are now exempt from zoning regulations because they are considered bona <br />fide farming activities. (See footnote for chart in Attachment B which explains the relevance of <br />exemption from zoning regulations). Additionally, equine - related buildings are largely exempt <br />from building code regulations, regardless of whether members of the public routinely enter the <br />buildings. <br />The County adopted a UDO in 2011 and the UDO includes conditional districts as a type of <br />zoning method. The new format of the UDO, coupled with the changes in State legislation, <br />means that much of the previous work done on ASE will have to be re- done /reformatted to fit <br />into the UDO format and some of the uses that were part of former ASE work are now <br />considered exempt from zoning regulations due to the bona fide farm exemptions. <br />In the Fall of 2012, the Agricultural Preservation Board provided a list of uses it would like to <br />see clarified as part of the ASE process (see Attachment B). Staff has produced a chart (part of <br />the same Attachment) which responds to the list. The chart shows that, although certain uses <br />are exempt from zoning regulations, other aspects of regulations (environmental health [well, <br />septic, food service] and building codes) still apply in certain situations. Environmental health <br />and building codes, intended to protect the public's health and safety, are adopted at the State <br />level and local governments have very little, or no, authority to modify them. <br />Agricultural Support Enterprises Manual <br />The need to publish a manual for lay- persons has been at the forefront of the ASE project for <br />many years. A somewhat complete draft manual was prepared but will need to be heavily <br />edited, if not completely re- written, due to the changes in State statutes and the County's `new' <br />UDO. A user - friendly manual will continue to be a part of the ASE project. <br />It should also be noted that the County's existing development process includes pre - <br />development meetings whereby applicants meet with various County staff to learn more about <br />the regulatory requirements of the project they are proposing. Residents and developers have <br />never been required to navigate through the various regulations on their own. <br />Purpose of Work Session Item <br />Staff plans to make a presentation to the BOCC on relevant aspects of the ASE project and <br />receive input /direction on the following: <br />1. Verification that the BOCC wants staff to work on a comprehensive ASE project (as <br />opposed to addressing fewer land uses types). (See pages 3 through 16 of the June 12, <br />2007 meeting materials for an example of a comprehensive list of land uses: <br />http:// orangecountync .gov /OCCLERKS /0706124ii.pdf) <br />