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Approved 6/8/2015 OC Board of Adjustment – 12/08/2014 Page 12 of 49 1 Larry Wright: But there wasn’t a noise ordinance you said. 2 3 Michael Harvey: There is a noise ordinance enforced by the county [Sheriff]. What I will testify to because I do have 4 knowledge is that the noise ordinance exempts the discharge of fire arms from being considered a violation. 5 6 Mark Micol: Does your office get involved like during hunting season where people have large parcels and they have 7 people who are not family members going onto their parcel and hunting. Have you had anything like that in the past? 8 9 Michael Harvey: No sir. 10 11 Mark Micol: If that were to occur, would you then refer them to the Sheriff’s Department? What action would you 12 take if someone was complaining about a high activity of hunting and traffic and noise and that sort of thing, adjacent 13 to residential areas? 14 15 Michael Harvey: If someone complained to me about hunting, I wo uld unfortunately tell them that is not a regulated 16 activity per the Unified Development Ordinance and there was no land use issue that I could investigate or cite. 17 18 Mark Micol: And the activity we are talking about today, did that occur on the trailer pa rk parcel or the undeveloped 19 parcel? 20 21 Michael Harvey: The 34 acre undeveloped parcel of property. 22 23 Mark Micol: Okay. So no activity took place in the trailer park itself? 24 25 Michael Harvey: There was conflicting information and I basically, as I indicated, cited Mr. Klein for both parcels. 26 27 Larry Wright: Would you please briefly state how a non-profit enters into this argument. 28 29 Michael Harvey: The land use category as currently defined within the table of permitted uses, there are two types of 30 recreation facilities allowed in Orange County, specially a for profit and a not for profit [operation]. If I can call the 31 board’s attention to Attachment 3D which has been e ntered into the record beginning on page 101, this is the 32 memorandum provided to the County Commissioners. Recreational facilities are broken down into two separate 33 categories as defined in Article 10 of the Unified Development Ordinance specifically recre ation use, non-profit and 34 indoor outdoor recreation use owned by non -profit corporation according to the laws of North Carolina and then a 35 recreation use profit, an indoor outdoor recreation use owned by an entity other than a non for profit corporation. A 36 recreation facility nonprofit is allowed within the county subject to the issuance of a Class B Special Use Permit in a 37 myriad of different zoning districts, I will not read them all, but it would be allowed in this subject district to the 38 issuance of a Class B Special Use Permit which is acted upon by this board. 39 40 Larry Wright: How does one document whether it qualifies or does not qualify as a non -profit? 41 42 Michael Harvey: The honest answer to that question is we would look for articles of incorporatio n establishing a non-43 profit corporation for the purpose of providing a recreation amenity. We would be looking a t the Secretary of State for 44 North Carolina’s website for such documentation. 45 46 Mark Micol: Getting back to the jurisdiction question, basically you don’t make the determination about what is 47 reasonable or not reasonable as far as traffic, noise level, rapid fire, constant 24/7 shooting, your office doesn’t make 48 the determination if that is reasonable or unreasonable, that is for a court of law t o decide? 49 50