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Approved 12/12/16
<br />OC Board of Adjustment – 10/10/16 Page 94 of 113
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<br />there is no direct citation length between 153a-340 and section 99E-30 but, again, rules of statutory 1
<br />construction require that the statutes be read in comparison with the other statutes so they’re read 2
<br />consistently. And the liability section lowers the bar of entry for liability concerns with respect to agritourism. 3
<br />Again, consistent with the idea that these are broad exemptions that they are trying to make it easier to do 4
<br />these operations. Not try to be restrictive. Any activity carried out on a farm or ranch that allows members 5
<br />of the general public for recreational, entertainment, or educational purposes to view or enjoy rural 6
<br />activities. Including farming, ranching, historic, cultural, harvest your own activities, or natural activities and 7
<br />attractions. Any activity. Then on the reverse side it references that North Carolina Department of 8
<br />Agriculture is one of the websites that I printed out that I would submit as the imprimatur of reliability. That’s 9
<br />under tab 12. North Carolina Department of Agriculture’s website on agritourism specifically lists as 10
<br />agritourism: picnics, parties, weddings, and honeymoons. That exhibit is also in the Special Use Agenda 11
<br />abstract on page 107. The exact same webpage showing weddings identified as agritourism in North 12
<br />Carolina by the North Carolina Department of Agriculture. And this last section. So these activities on the 13
<br />brochure are not subject to zoning regulations either per state law: If an agritourism activity is developed as 14
<br />part of the marketing and operation of an established farm operation this activity is not subject to zoning 15
<br />requirements. So what is the evidence that wedding venues are agritourism? Well going back to the 16
<br />Minutes from the Special Used hearing on page 3. Which again is Mr. Harvey’s testimony, “It is likely that 17
<br />the applicant has the ability to develop an agritourism operation on the farm, which can include a wedding 18
<br />venue without permits from the County as same as exempt from our review and permitting authority”. On 19
<br />page 39, Mr. Katz asked, “Because it’s designated agricultural for use of agritourism is having a wedding a 20
<br />legitimate reason for putting in this venue? Is it possible the applicant could simply have put this up based 21
<br />on the permissible use without going through this permit?” Mr. Harvey responds, “Based on the current 22
<br />wording of State law if the applicant demonstrates that there is an actual farm on the property and the 23
<br />proposed venue is connected with the marketing of same the answer is yes”. The next page, “The State is 24
<br />granted the County of Orange and other counties certain powers. They have also eliminated certain 25
<br />responsibilities for the lack of a better way to put it. And one of them is regulating farm activities. Like it or 26
<br />not, an agritourist operation, which the State has indicated includes a wedding venue, is a legitimate, 27
<br />recognized agritourist activity. The applicant however, at staff’s determination, is going through the 28
<br />regulated process.” In the Special Use Agenda abstract, page 6, the staff report states, “Wedding venues, 29
<br />in fact, are specifically listed as recognized agritourism activity by the state. It is true that the applicant has 30
<br />the legal ability to develop an agritourism activity including but not limited to a wedding retreat venue on the 31
<br />property as it is recognized as a farm in accordance with State law”. Again I point to the North Carolina 32
<br />Department of Agriculture website under tab 13 you have another Department of Agriculture initiative, the 33
<br />Got To Be NC program specifically lists parties, weddings, honeymoons, as parts of agritourism, and 34
<br />despite what anybody’s feelings about Harnett County may be but they, too, include on their website 35
<br />weddings, receptions, honeymoons, as examples of agritourism activities. With respect to the Brewer Farm 36
<br />specifically her documents showing bona fide farm status under tab 17. The affidavit, which you all are 37
<br />familiar with, is page 92 of the application of the appeal agenda. And then specifically the farm plan 38
<br />summary, this is under tab 16, goes into extensive discussion of the chestnut operation, specialty cut 39
<br />flowers operation, the honeybee operation, which is admittedly less significant a component but a legitimate 40
<br />component nonetheless, and the agritourism component. Now, they specifically relate. The activities that 41
<br />are going on at the site they use the agritourism use to the farm activities. In particular, the wedding 42
<br />package options include day of farm tours for wedding guests, honey tastings, seasonal floral workshops 43
<br />using the flowers on the farm and additional agritourism options such as beekeeping workshops are 44
<br />planned in the future. Those are connecting the farm activities to the agritourism in a way that’s absolutely 45
<br />contemplated by the statute as interpreted by multiple entities in the state as well as your own County staff. 46
<br />So just to review the definition once more under tab 11, any activity- we can definitely check that off, we’re 47
<br />definitely dealing with any activity.- carried out on a farm – that one’s settled.- that allows members of the 48
<br />general public, - that’s clearly check marked- for recreational, entertainment, or educational purposes, -the 49
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