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but if it’s determined later on that it’s not agriculture purposes you may reconsider the UDO rules apply or 1 not? 2 3 Michael Harvey: Let me read what I wrote again to the email to Ms. Brown on page 76 of your packet. “As 4 an update to the barn project of Morrow Mill Road I would like to offer you the following: As you may 5 already be aware the applicant filed a building permit application proposing the construction of an 6 agricultural structure i.e.) a barn. Along with an affidavit indicating the structure will be used for agricultural 7 purposes exempt from zoning. As a result from the submitted documentation that zoning approval for the 8 project was required for a building permit further zoning enforcement will be dependent upon actual use of 9 the property and whether it is consistent with the County UDO or state statutory exemptions”. 10 11 Barry Katz: So future zoning enforcement will be determined based on the actual use? 12 13 Michael Harvey: Correct. 14 15 Barry Katz: Ok. I thought I heard something like that. 16 17 Michael Harvey: You heard correctly but it’s important to understand the manner in which it was stated. 18 19 Susan Halkiotis: So to follow up on that, let’s just use a scenario. What would have to happen for future 20 zoning enforcement to take place and I’m just curious what future zoning enforcement might look like. 21 22 Michael Harvey: If it was determined that there was an activity inconsistent either with the zoning ordinance 23 or inconsistent with the use of the property for agricultural purposes we would initiate a zoning enforcement 24 action per the UDO requiring the applicant either cease and desist (the activity) or bring the property into 25 compliance with the applicable law. They would, by our ordinance and by State law, have the ability to 26 appeal that determination to this Board within 30 days of the decision being rendered. If they did not appeal 27 or failed to abate or address the issue we would move into a final notice of violation, which could incur civil 28 penalties. We also have other actions afforded to us within the UDO to seek an injunction through 29 Superior Court or deny other permits until the issue is abated. But that would depend on a case by case 30 basis with what the activity is. 31 32 Karen Barrows: So when would you be making this next determination? 33 34 Michael Harvey: As their uses of the property are initiated. 35 36 Susan Halkiotis: So I just want to follow up on that. So let’s just pretend that we get down the road six 37 months and it doesn’t appear to be used as a bona fide farm but it’s primarily used as a special event 38 center for something like weddings or retreats. At that point what would happen? 39 40 Michael Harvey: As I indicated we would look to be engaging in an enforcement action if the use of the 41 property wasn’t being done consistent with the exemptions afforded to it within the General Statute or that it 42 was being used in violation of our local ordinances. 43 44 Susan Halkiotis: I have two more questions. One, I just made a not that there was an appeal filed after the 45 Board’s decision? 46 47 Michael Harvey: Yes. 48 34