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Attachment 6 <br />PLANNING & INSPECTIONS DEPARTMENT <br />Craig N. Benedict, AICP, Director <br />Special Projects 131 W. Margaret Lane <br />(919) 245 -2575 Suite 201 <br />(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181 <br />www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 <br />MEMORANDUM <br />TO: Orange County Assembly of Governments <br />FROM: Perdita Holtz, AICP, Planner III <br />DATE: November 16, 2017 <br />SUBJECT: Agricultural Support Enterprises in the Rural Buffer <br />During discussions that occurred in 2014 -15 related to amendments to the Joint <br />Planning Area Agreement to accommodate "agricultural support enterprises" (ASE) <br />uses in the Rural Buffer, the Towns of Carrboro and Chapel Hill requested that County <br />staff provide an annual update for the Assembly of Governments meeting on any <br />applications for ASE uses in the Rural Buffer. Orange County adopted ASE uses for <br />the Rural Buffer on May 5, 2015. <br />To date, there have been no applications for the conditional zoning district (ASE -CZ) <br />anywhere in the county, including in the Rural Buffer. Additionally, although there have <br />been inquiries (only for parcels outside of the Rural Buffer), no applications for by -right <br />ASE - related uses have been submitted. This may partially be due to the fact that uses <br />exempt from local zoning regulations have been expanded through legislation at the <br />State level in recent years if the uses occur on bonafide farms. <br />Most recently, Session Law 2017 -108 further defined /expanded the types of uses that <br />are exempt from local zoning regulations if occurring on farms. Notably, the State <br />legislature defined "agritourism" to mean: <br />"...any activity carried out on a farm or ranch that allows members of the <br />general public, for recreational, entertainment, or educational purposes, to <br />view or enjoy rural activities, including farming, ranching, historic, cultural, <br />harvest- your -own activities, or natural activities and attractions. A building <br />or structure used for agritourism includes any building or structure used for <br />public or private events, including, but not limited to, weddings, receptions, <br />meetings, demonstrations of farm activities, meals, and other events that <br />are taking place on the farm because of its farm or rural setting." <br />Staff is aware of several farm stands operating in the Rural Buffer. Because farm <br />stands, which allow farmers to sell products on the farm site, are not subject to zoning <br />