BOA minutes 101016 - Laserfiche WebLink

Browse Search

Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 4 of 113 1 Barry Katz: Ok. And so now we’ll go on for why we’re here? 2 3 Michael Harvey: Yes, sir. 4 5 Karen Barrows: I have a question, Michael. I may be misremembering but I think when we first heard this 6 you said that Ms. Brewer was not constrained to come in for a Class B SUP but that you had suggested to 7 her that that happen. 8 9 Michael Harvey: You are partially correct. We had made the determination originally that Ms. Brewer had to 10 obtain a Class B SUP because there was no agricultural activity on the property. As a result it was my 11 opinion, which was not appealed, that the use did not constitute agritourism as there was no agricultural 12 activity on the property. My argument was that you can’t have the tourism without the ag. Regardless of 13 whether or not that was the correct determination, that determination was not appealed. Ms. Brewer 14 proceeded with the Class B SUP. You will recall from my testimony during that public hearing that I did 15 indicate, and you are correct, ma’am, that it is perfectly feasible for a farm to engage in agritourism activity 16 as currently defined under the statute. 17 18 Barry Katz: And am I jumping the gun for asking for a statutory definition of agritourism? 19 20 Susan Halkiotis: I want to hear it too. 21 22 Michael Harvey: What I can provide the Board are copies of 153a 340 (b) (2), the grant of power, 23 establishing what our authority is and is not. I can introduce this as County Exhibit 1. 24 25 Barry Katz: Is there anyone here who has the definition of agritourism? 26 27 Michael Harvey: I am going to get to that in a minute. The second thing I will provide the Board is County 28 Exhibit 2, a provision of (North Carolina General Statute) 106-581.1 ”Agriculture defined,” which outlays 29 what the term agricultural and farming refer to. With specific interest I will point to number 6: When 30 performed on the farm agriculture, agricultural, and farming also include the marketing and selling of 31 agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, 32 treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and 33 agricultural items produced on the farm, and similar activities incident to the operation of a farm. Finally, I 34 can enter into evidence a copy as County Exhibit 3 North Carolina General Statute 99E-330 definitions. 35 And this is agritourism activity liability standards. “Agritourism activity” is defined as any activity carried out 36 on a farm or ranch that allows members of the general public, for recreational, entertainment, or 37 educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, 38 harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether 39 or not the participant paid to participate in the activity. "Agritourism activity" includes any activity involving 40 any animal exhibition at an agricultural fair licensed by the Commissioner of Agriculture pursuant to 106-41 520.3. I will also remind the Board that the County has a definition of Agritourism in Article 10 of the Unified 42 Development Ordinance. It is a business directly related or incidental to agricultural activities occurring on 43 the bona fide farm on which it is located and conducted for the enjoyment or education of the public. I 44 would remind you all that there is an argument, which I tend to agree with. It says we don’t have the 45 authority or power to define what constitutes an agritourism activity. That is reserved solely to the State. 46 47 Barry Katz: And we have the definition here? 48 49