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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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3/14/2024 11:23:10 AM
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BOCC
Date
3/19/2024
Meeting Type
Business
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Agenda
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5-a
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35 <br /> In the NC General Statutes, "Agriculture" is defined broadly. Included in its definition is "the <br /> planting and production of trees and timber" (Section 106-157.1). Section 2020-88(b)(2) defines <br /> "farm products" to include logs, bark, pulpwood, tannic acid wood and other forest products." <br /> To qualify as a bonafide farm in North Carolina it suffices to simply have a forest/woodland <br /> management plan (Section 160D-903).5 These definitions are not idiosyncratic to North <br /> Carolina. The US Forest Service is a branch within the US Department of Agriculture. <br /> Orange County's definition of Agricultural Services is expansive <br /> This conception of "agriculture" is further expanded by Orange County's definition of <br /> "Agricultural Services," which specifically includes "landscaping and horticultural services" <br /> (UDO, p. 10-3). This suggests that "agriculture" is understood to extend to small-scale <br /> operations and the types of outdoor services routinely applied to residential yards (i.e., <br /> landscaping). <br /> Why not call what we are doing bona fide farming activities? <br /> Although the state's General Statutes provide a counterintuitively broad definition of"bona fide <br /> farm," we follow Orange County's implied judgment that "agriculturally-related activities" and <br /> "agricultural services" encompass more than "bona fide farming activities": the stated purpose <br /> of ASE-CD zoning is to accommodate agriculturally-related activities that are not bona fide <br /> farming activities (UDO. p. 3-62). We therefore apply for ASE-CD zoning under the cautious <br /> assumption that, while our principal activities are "agriculturally-related" and are "agricultural <br /> services," they may not comprise the activities of a bona fide farm as such. <br /> Applicability of ASE-CD <br /> The rezoning to ASE-CD is compatible with the existing development of the surrounding parcels. <br /> This compatibility is discussed at length in sections 7-9 of the Detailed Narrative included in our <br /> application folder. <br /> 5 Also known as a "woodland plan," a forestry management plan encompasses a variety of forestry <br /> activities that meet the landowners objectives. "Any landowner may theoretically commission a plan...or <br /> write one on their own." See the NC Forests Service's "Benefits of a Woodland Plan" leaflet, its FAQs <br /> webpage on Woodland Plan Preparation Fees, and NC State Extension's discussion of Bonafide Farm <br /> zoning. <br /> 3 <br />
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