Orange County NC Website
STAFF COMMENT: According to the submitted application and site plan <br />private recreational facilities are not proposed. <br />This requirement is not applicable. <br />(e) Off street parking requirements shall be provided in accordance with <br />Section 6.9 of this Ordinance. <br />STAFF COMMENT: The site plan contains required information. <br />STAFF COMMENT(S): <br />1. There has been a heightened level of concern focused on the property being considered <br />a farm. <br />Staff has informed several local residents the property meets the provisions of North <br />Carolina General Statutes (NCGS) 153A -340 (b) for being classified as a farm. This <br />section of the NCGS reads as follows: <br />(b) (1) These regulations may affect property used for bona fide farm <br />purposes only as provided in subdivision (3) of this subsection. This <br />subsection does not limit regulation under this Part with respect to <br />the use of farm property for nonfarm purposes. <br />(2) Except as provided in G. S. 106 -743.4 for farms that are subject to a <br />conservation agreement under G.S. 106- 743.2, bona fide farm <br />purposes include the production and activities relating or incidental <br />to the production of crops, grains, fruits, vegetables, ornamental <br />and flowering plants, dairy, livestock, poultry, and all other forms of <br />agriculture, as defined in G.S. 106 - 581.1. For purposes of this <br />subdivision, "when performed on the farm" in G.S. 106 - 581.1(6) <br />shall include the farm within the jurisdiction of the county and any <br />other farm owned or leased to or from others by the bona fide farm <br />operator, no matter where located. For purposes of this subdivision, <br />the production of a nonfarm product that the Department of <br />Agriculture and Consumer Services recognizes as a "Goodness <br />Grows in North Carolina" product that is produced on a farm subject <br />to a conservation agreement under G.S. 106 -743.2 is a bona fide <br />farm purpose. For purposes of determining whether a property is <br />being used for bona fide farm purposes, any of the following shall <br />constitute sufficient evidence that the property is being used for <br />bona fide farm purposes: <br />a. A farm sales tax exemption certificate issued by the <br />Department of Revenue. <br />b. A copy of the property tax listing showing that the <br />property is eligible for participation in the present use <br />value program pursuant to G. S. 105- 277.3. <br />c. A copy of the farm owner's or operator's Schedule F from <br />the owner's or operator's most recent federal income tax <br />return. <br />d. A forest management plan. <br />