Agenda - 12-02-1985 - Laserfiche WebLink

Browse Search

July 11 , 1984 7 1 m . !'t • ORAbTGE COUNTY PLANNING DEPARTMENT • MilliI.SBOROTTGII • 107 x ' NOR= CAROLINA • ... ,..„ . 27278 , ... • '''. -.. I t '. .. rri tic*Is -,.. . REGULATIONS AND ADMINISTRATIVE MECHANISMS 1 '.'. FOR . GREENHOUSE OPERATIONS • ZONING ORDINANCE -,- • The North Carolina General Statutes Chapter 153A Zoning Article 18 Planning and • Regulation of Development,Section 340 Grant of Power, specifically provides that "these regulation P may not affect bona fide farms, but any use of farm property. for nonfarm purpoSes is subject to the regulations". However, state law does $ not define what is intended by the term "bona fide farm" . Local government reg- ulations generalli, attempt to clarify what is intended by the term bona fide farm and, therefore, eicempt from regulation. These efforts by local governments are and continue to be subject to debate and,recently, court dispute. The recent ( . • • 1 '..- 1 court case from Mecklenburg County, in which was contested the exercise of plannin , - /. regulation against a- greenhouse operation, is attached and appears to indicate that greenhouse orleratiorp,including sales of both agricultural and horticultural products,. are exempt under the state law provision regarding bona fide Farms. Section 4.1 of the Orange County Zoning Ordinance specifically permits certain 1 uses as a matter qf right. Under this provision, bona Fide farms are permitted as a use by richt and not subject to any further zoning regulation. Article 22 Definidions of The Ordinance generally defines Farming as "the use of • land primarily For one or more of the following: • • The production in the open of cash grains, field crops, vegetables, melons, fruits, berries and nuts. The raising or keeping of general livestock and poultry for the sale of such livestock and poultry For the products thereof or the breeding of such livestock and poultry. Farming includes any buildings or structures which are customarily inFidental or subordinate to the farming activities listed above, including residences For the owners, operators or employees of the farm and their families. Generalllivestock and poultry includes those animals involved which are customarily and traditionally raised on farms, such as beef and dairy cattle, togsi. sheevgoatsdrabbits and horses, mules, ponies, chickens, turkeys, ducks and geese for the purpose listed above. Farming does not include agricultural ser- vices and process4g, «vocational farming, specialized commercial horticulture, ..'.. and specialized commercial animal husbandry." . - •