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BOA agenda 061217
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BOA agenda 061217
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3/6/2018 4:37:54 PM
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BOCC
Date
6/12/2017
Meeting Type
Regular Meeting
Document Type
Agenda
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DRAFT <br /> 4 <br />center is related to or incidental to such bona fide farm purposes, if any. You also granted a 1 <br />requested stay of the building permit until this issue had been adjudicated by staff. On November 2 <br />the 7th of 2016 we authored a letter to Michael Rettie making the following determination. The first 3 <br />question that was posed to us was, “Is the property a bona fide farm”. As articulated in our letter, 4 <br />which begins on page 167, in utilizing NCGS 152a-340(b), the applicant, in this case Southeast 5 <br />Properties LLC care of Kara Brewer, had submitted documentation outlining the property’s status 6 <br />as a farm, specifically a USDA farm number 3963, which we have attached in the letter as 7 <br />attachment 1, attachment 2, excuse me, the issuance of a farm sales tax exemption by the State 8 <br />Department of Revenue, and a forest management plan. Our conclusion was that the property met 9 <br />three out of the (five) criteria’s defined by the Statute to qualify (the property) as a farm and as 10 <br />such determined it was a farm based on State law. 11 <br /> 12 <br />Two, “Is the structure being developed on the property being used for bona fide farm purposes?”. 13 <br />As we articulate in the letter, the following facts were available to us: According to the application, 14 <br />again that is CB16-0020, the applicant defined the use of the proposed structure as a barn for 15 <br />agricultural use, including but not limited to the storage and processing of agricultural products and 16 <br />equipment, agro-tourism such as educational workshops, school field trips, weddings, retreats, and 17 <br />farm dinners. Support for all other activities related and incidental to the operation of a farm. Our 18 <br />conclusion, as articulated again in this letter, is that the structure is going to be used for agricultural 19 <br />purposes. 20 <br /> 21 <br />The next question, “Is the use of the structure as a wedding and event center related or incidental 22 <br />to the property being used for bona fide farm purposes?”. In making a determination County staff 23 <br />relied on the following facts and available information: We first relied on the definition of the term of 24 <br />agricultural, agricultural and farming. As defined by the NCGS 106-581.1 indicating that when 25 <br />conducted on a farm, agro-tourism activities are farming and therefore exempt from review. Agro-26 <br />tourism while being a specifically undefined term within the parameters of the General Statute, 27 <br />specifically section 106-581.1, is defined in several other venues, and I’m on page 170 for those 28 <br />needing to follow along. Staff relied on an existing definition within the UDO, which defines agro-29 <br />tourism as a business directly related or incidental to agricultural activities occurring on the bona 30 <br />fide farm on which it is located and conducted for the enjoyment or education of the public. 31 <br />Definition from Merriam Webster’s dictionary defining agro-tourism as the practice of touring 32 <br />agricultural areas to see farms and often to participate in farm activities. The website, maintained 33 <br />by the North Carolina Department of Agriculture, providing examples of agro-tourism activities, the 34 <br />list of which includes wedding venues is a viable agro-tourism activity. And the definition of an 35 <br />agro-tourism activity, as provided under NCGS 99e-30, defining agro-tourism as any activity 36 <br />carried out on a farm or ranch that allows members of the general public for recreation, 37 <br />entertainment, or educational purposes to view or enjoy rural activities including farming, ranching, 38 <br />historic, cultural, harvest your own activities, or natural activities and attractions. An activity is an 39 <br />agro-tourism activity whether or not the participant paid to participate in the activity. Agro-tourism 40 <br />activity includes an activity involving any animal exhibition at an agricultural fair licensed by the 41 <br />commissioner of agriculture pursuant to General Statute 106-520.3. Based on this information it 42 <br />was our determination that the barn structure to be used in support of wedding activities is related 43 <br />and incidental to the property being used for bona fide farm purposes and is consistent with what 44 <br />constitutes farming and agricultural activities as defined within the General Statutes. 45 <br /> 46
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