ORC minutes 010417 - Laserfiche WebLink

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Approved 2.1.17 8 having to go through an SUP if it’s the same use? Because just with the size of property. And it’s the same problem here. Just 371 because of the size of the structure or anticipated traffic impacts with a nebulous term of what it means that relies on a staff 372 determination you’re either going to be allowed to doing something or not do something. I think where James’ concerned gets 373 legitimized is the notion that our current process as others surrounding us relies too much on a staff interpretation of the 374 terminology, if we’re having a good day. And they want to avoid conflicts with whomever. Michael gives one answer, Craig 375 gives a second answer, and Patrick gives a fourth answer, because Rachael gave a third answer already. So that’s what the 376 Attorneys Office is hoping to avoid with a more detailed, encompassing list. 377 378 Tony Blake: So then does it make sense to approach this by, I don’t want call it low fruit but the areas of concern first? 379 380 Michael Harvey: I think… Why don’t we go through the tables and start looking at what we’ve done and start trying to answer 381 some of those questions and I think some of them will become self answerable. We’re obviously going to get through as much 382 of this as we can tonight because I think some of your direction is going to give me answers to questions on how I’m doing 383 some other things. 384 385 Michael Harvey continued reviewing abstract. 386 387 Lisa Stuckey: Is there going to be a difference to our land owner whether they’re going to be permitted to do tobacco farming 388 or cotton farming in a particular area? 389 390 Michael Harvey: Well again, you’ve kind of hit the nail on the head. 391 392 Lisa Stuckey: Well I think in reality if there’s going to be a difference then it should be broken down as small as it is here so 393 people know what they can do. If there’s no difference then get rid of some of the sub category. Is that what you’re asking? 394 395 Michael Harvey: No. Well, we’re going to be asking that on several categories. In this one specific example as articulated on 396 page 34 on footnote 3 we’re providing this list but we believe we’re going to be preempted by the State law saying you don’t 397 define farming, that this is going to be coming out. I’ve put this in here to ask your opinions, if you’re comfortable if we take this 398 tact with the Attorneys Office on Thursday that listing these uses out is moot. 399 400 Lydia Wegman: So you would leave the current uses? 401 402 Michael Harvey: Yeah, I’m going to leave the current uses alone. Current uses we’re not changing except it’s going to be on a 403 bigger table. 404 405 Paul Guthrie: And Byrd had nothing to do with agriculture. 406 407 Tony Blake: But if you’re in an AR zone and you want to keep bees or chickens, there is nothing that’s going to stop you from 408 doing it, right? 409 410 Michael Harvey: Correct. We do not regulate you keeping bees or you keeping chickens. In fact, remember when we were 411 doing the UDO there were several questions about kennels and the definition of kennels because we do regulate how many 412 dogs you can keep. Language of the definitions of kennels Class 1, Class2 stipulates that includes all animals with the 413 exception of domesticated livestock. So Tony has 21 chickens on his property, doesn’t mean he has to get a Class 2 kennel 414 because he’s got 21 animals because that’s one of the thresholds. A chicken is a domesticated farm animal so it’s exempt 415 from having to do that provision. 416 417 Michael Harvey: And what I’ll point out to you is that the NAICS code takes several of these activities and puts them into totally 418 separate land use categories and use types. What we’re trying to do here is just kind of provide you our thought on what some 419 of the existing categories would become morphing into. So for example, school; it’s not just dance and art, it’s karate, martial 420 arts, gym, sports training. 421 422