Agenda - 09-11-2017 - Agenda - Laserfiche WebLink

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805 (2014) in which the Court held "Zoning regulations are in derogation of common law rights and they cannot be construed to include or exclude by implication that which is not clearly [within] their express terms. It has been held that well-founded doubts as to the meaning of obscure provisions of a Zoning Ordinance should be resolved in favor of the free use of property." Session Law 2017-108 changed the law related to agritourism and also local authority by adding new language to the laws related to agriculture and amending the definition of agritourism. On a positive note, the law removed language that was most easily subject to abuse, that being that a property with a Federal Farm Identification Number as issued by the US Department of Agriculture automatically qualifies as a bona fide farm. The new law exempts from local regulation farm buildings used for agritourism purposes if the operation is on a property that "(i)is owned by a person who holds a qualifying farmer sales tax exemption certificate from the Department of Revenue pursuant to G.S. 105-164.13E(a)or(ii)is enrolled in the present-use value program pursuant to G.S. 105-277.3." This language has the effect of exempting from local regulation large buildings if they are situated on a farm and the owner meets either of these two qualifications. The new law broadly defines agritourism as follows: "For purposes of this section, "agritourism"means any activity carried out on a farm or ranch that allows members of the general public,for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your- own activities, or natural activities and attractions." It goes on to define a building used for agritourism activities as "any building or structure used for public or private events, including, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting." UNIFIED DEVELOPMENT ORDINANCE RELATED TO AGRITOURISM As noted above the State of North Carolina has determined that local governments may not regulate agricultural activities. In addition to the production of crops and/or the raising livestock, North Carolina law includes many activities within the definition of agriculture, as contained in G.S. 106-581.1,that are considered agriculture or farming. Among them, G.S. 106-581.1(6) provides that agritourism, when conducted on the farm, is agriculture. This means that agritourism activities are agriculture as a matter of law and if the agritourism venture occurs on the farm, no other agricultural activity is required to be active or ongoing. Pursuant to this statute if an agritourism activity occurs on a property that qualifies as a bona fide farm, a local government may not regulate that activity. Orange County's land use enforcement staff members recognize the State restrictions on local government authority and thus the corresponding limitations on their enforcement authority. It is for this reason that some activities that may look commercial in nature can occur on a property that qualifies as a bona fide farm and County staff are unable to take action to regulate or restrict the activity. In acknowledgement of state law various provisions of the Unified Development Ordinance (UDO), most notably Section 1.1.8, excludes agricultural activities from the UDO's development regulations. The UDO also specifically allows what may be considered nonfarm activities to occur on a farm. For several years the Board of Commissioners sought ways to expand the financial opportunities available to farmers in Orange County. This culminated in, among other things, the adoption of various text amendments into the UDO including creation of the Agricultural Support Enterprises (ASE) Conditional Zoning District that benefits farmers by allowing them to conduct farm activities on non-farm properties as well as various land uses permitted by right (i.e. staff