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2 55 Craig Benedict: One other use type is Prohibited Use. 56 57 Michael Harvey: Well, in those instances where you don’t see a hash tag, a B, an A, or any designation that means the use in 58 prohibited in that district. So for example, on Attachment 3, Agricultural Processing Facility, you’ll note that there’s nothing 59 checked in the rural buffer, the agriculture residential, the R1 or R2 zoning districts. That means it’s prohibited. You see check 60 marks in Agriculture Services, or AS, I1, I2, I3; those are our industrial districts. Those are the only four general districts you’re 61 allowed to have an agricultural processing facility. You’ll also notice it’s allowed within the AG Service Enterprise conditional 62 zone and the Master Plan conditional zone districts. But, that’s it. Everywhere else it’s prohibited. So if you don’t have a mark, 63 don’t have a note, don’t have squat in the box it’s prohibited. And there’s going to be language added to the UDO clarifying 64 that. 65 66 Craig Benedict: And in the past we used to have it not listed at all and we said it’s prohibited, it’s not listed. Now we have to go 67 in there and list it and leave it blank. 68 69 Michael Harvey: And I’ll just remind the Board we are not the only community in this predicament. Every town and county in 70 North Carolina is dealing and wrestling with the same issue. So it’s nothing unique or new. Now you can get into a 71 philosophical argument about whether or not we should have always been doing it this way, not Orange County but globally, 72 and that’s a waste of time because I can get ten lawyers in a room and they’re all going to have a different opinion about how 73 the Statute should have been interpreted so we’re beyond that, we’re fixing the problem. 74 75 Michal Harvey continued reviewing abstract. 76 77 Tony Blake: The one thing I noticed when I read through this was there’s no mention of wedding venues. 78 79 Michael Harvey: That’s already covered under the retreat center definition. 80 81 Tony Blake: It I covered under the retreat center but it’s not in the AG area. So what I’m wondering is there, given the pending 82 situation, I’m wondering if that is amiss, or is it intentional? 83 84 Michael Harvey: I still believe that in fortune of the court, either the court or the general assembly is going to take that out of 85 our hands. 86 87 Tony Blake: Ok, but I mean because it’s not listed there it’s permitted by right. 88 89 Michael Harvey: No, it’s captured under the definition under retreat center, and because of that you have to be a retreat center 90 to do that type of activity. 91 92 Tony Blake: Ok. 93 94 Michael Harvey: We’re not going to list. It’s sort of like with recreation facilities; we’re not listing out every recreation facility, it’s 95 captured in the definition section of Article 10. And that is perfectly reasonable to list those uses there instead of just having… 96 97 Tony Blake: So that’s like inaudible everything in NAICS code 721, for example. 98 99 Michael Harvey: It picks up the uses we feel were necessary to incorporate into the UDO, yes. 100 101 Tony Blake: Ok. 102 103 Lydia Wegman: Can I go back one second? Do you see any concern with losing the conditional use process? 104 105 Michael Harvey: No. It’s never been used in Orange County. It’s a convoluted process to begin with. It was never popular. It 106 was actually created several years ago to counter spot zoning as a hybrid. There were several court cases where it was 107 deemed to be “legal” but nobody, including the Institute government folks who were championing it, liked it. And it was 108