Minutes 09-11-2017 - Laserfiche WebLink

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4 Commissioner Price asked if John Roberts could identify from where the list of items on the Department of Agriculture slide came. John Roberts said those items are listed on the Department of Agriculture's website as agritourism activities. Commissioner Price asked if these uses are defined in the law. John Roberts said the law is very broad, and does not list any specific uses. He said the list from the website are examples of what that broad language can include. Craig Benedict, Planning Director, referred to a slide and said these items are not subject to zoning, and the majority of their topic tonight does not fall under zoning, though some events may. He said the definition has broadened as related to agritourism, and he said this is to allow more agritourism activities, but the line is still blurred. Craig Benedict said there are some items that are subject to zoning. Craig Benedict said rural special events with less than 20 people are an unregulated activity. He said there is no specific prohibition in the code for activities of less than 20 people, and therefore, it is an acceptable use. Craig Benedict said rural special events are for activities on bona fide farms with more than 20 and less than 150 people, with less than or equal to 12 events per year. He said changes in the law made pre-empt rural special events, but the County has had this in place for the last 20 years. Craig Benedict said residents submit applications for rural special events, and must meet the criteria for a bona fide farm, as stated by the State statutes. He said the County asks for a description of the event, the timing, attendance, parking, etc. He said events are allowed in different zoning districts: agricultural/residential; rural buffer; agricultural service areas. He said these events can go beyond these areas and beyond 150 people if one of the following is applied for: an agricultural service enterprise rezoning; or master plan development conditional zoning. He said these types of zoning go before the Planning Board and the BOCC. Craig Benedict said there are time frames that can be set during rural special events. He said if there are any building permit, fire marshal or food vending permits that are necessary, these will be noted in the existing zoning regulations. He said some rules from the last legislation state that the building and fire departments may have some of their powers withdrawn from these agritourism activities. He said the way these rules may affect County- zoning regulations is being investigated. Craig Benedict said 15-20 years ago, the farm code was available for farmers and farm hands, and when the public entered the site, it fell into the public realm and regulations that had to do with building code, fire marshal, etc. He said this has changed, and much of this is now exempt. Craig Benedict said when there are rural special events, staff does monitor them, and staff is also available to hear of any concerns from neighbors. He said there are processes in place to better define the blurred line between those subject to zoning and those not. Chair Dorosin clarified that the rural special event block on the chart only applies if the property in question is not in the top block on the slide. Craig Benedict said yes. He said many more items are falling into the top block than did just six months ago. Chair Dorosin said the BOCC is here to listen to the community this evening. He said the BOCC wants to gain a better understanding of how to create balance between economic opportunities for farmers, and protecting surrounding areas from the secondary impacts of these uses. He said the goal of this evening is to gather information from the staff and the public, refer questions to staff, and provide answers at a later date. He said all comments and concerns are welcomed and valuable.