HomeMy WebLinkAboutAgenda - 05-14-2013 - 3ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 14, 2013
Action Agenda
Item No. 3
SUBJECT: Agricultural Support Enterprises
DEPARTMENT: Planning and Inspections, PUBLIC HEARING: (Y /N) No
Economic Development,
Environmental Health, DEAPR
ATTACHMENT(S): INFORMATION CONTACT: (919)
A. Relevant Excerpts of State Statutes Perdita Holtz, Planning, 245 -2578
B. Agricultural Preservation Board's List of Noah Ranells, Economic Development,
Activities and Uses and Staff 245 -2330
Response Dan Bruce, Building & Inspections, 245-
C. Zoning Methods
D. Future Land Use Map
W-fiL1
Tom Konsler, Environmental Health, 245-
2370
Peter Sandbeck, DEAPR, 245 -2517
Michael Harvey, Planning, 245 -2597
Craig Benedict, Planning, 245 -2592
PURPOSE: To receive information about the Agricultural Support Enterprises project and give
staff direction on various aspects of the project.
BACKGROUND: The Agricultural Support Enterprises (ASE) project has been in development
since 2001 and has been known by other names ( "Rural Enterprises" and "Agricultural
Services ") in the past. The lead departments on this project historically have been Economic
Development and the former ERCD (Environment & Resource Conservation Department),
which is now DEAPR (Department of Environment, Agriculture, Parks and Recreation), in
conjunction with the County Attorney. However, a wider scope of collaboration to more fully
include the Planning and Inspections Department has more recently been initiated to elaborate
on the broader issue of rural uses from exempt to regulated. The project has been on several
Board of County Commissioners (BOCC) agendas through the years and the following meeting
materials can be reviewed for additional context:
February 23, 2004
http://
orangecountync
.gov
/OCCLERKS /0402231.pdf
March 29, 2004
http:
/ /orangecountync
.gov
/OCCLERKS /040329.htm (JPA Information Item)
February 28, 2005
http:
// orangecountvnc
.gov
/OCCLERKS /050228cl.pdf
May 23, 2005
h_ ttp:
// orangecountync
.gov
/OCCLERKS /050523d1.pdf
May 22, 2006
http:
// orangecountvnc
.gov
/OCCLERKS /060522d2.pdf
May 21, 2007
http://
orangecountync
.gov
/OCCLERKS /07052ldl.pdf
June 12, 2007
http:
// orangecountvnc
.gov
/OCCLERKS /0706124ii.pdf
August 27, 2007
http://
orangecountync
.gov
/OCCLERKS /070827dl.pdf
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Meeting minutes for these meetings can be found by referencing the appropriate folder at:
http: / /server3.co.orange.nc.us- 8088 /weblink8 /Browse.aspx ?startid =3 &dbid =0
Ultimately, the project was put on hold in early 2009 as the County Attorney at the time
determined the conditional zoning concept upon which ASE was predicated should wait to be
incorporated into the County's ordinances as part of the Unified Development Ordinance (UDO)
process that was anticipated to occur.
In recent years, the North Carolina General Assembly further defined the types of uses that
constitute "agriculture ". (Relevant sections of State Statutes can be found in Attachment A).
The result of these changes is that several types of land uses that may have formerly required
zoning approval are now exempt from zoning regulations because they are considered bona
fide farming activities. (See footnote for chart in Attachment B which explains the relevance of
exemption from zoning regulations). Additionally, equine - related buildings are largely exempt
from building code regulations, regardless of whether members of the public routinely enter the
buildings.
The County adopted a UDO in 2011 and the UDO includes conditional districts as a type of
zoning method. The new format of the UDO, coupled with the changes in State legislation,
means that much of the previous work done on ASE will have to be re- done /reformatted to fit
into the UDO format and some of the uses that were part of former ASE work are now
considered exempt from zoning regulations due to the bona fide farm exemptions.
In the Fall of 2012, the Agricultural Preservation Board provided a list of uses it would like to
see clarified as part of the ASE process (see Attachment B). Staff has produced a chart (part of
the same Attachment) which responds to the list. The chart shows that, although certain uses
are exempt from zoning regulations, other aspects of regulations (environmental health [well,
septic, food service] and building codes) still apply in certain situations. Environmental health
and building codes, intended to protect the public's health and safety, are adopted at the State
level and local governments have very little, or no, authority to modify them.
Agricultural Support Enterprises Manual
The need to publish a manual for lay- persons has been at the forefront of the ASE project for
many years. A somewhat complete draft manual was prepared but will need to be heavily
edited, if not completely re- written, due to the changes in State statutes and the County's `new'
UDO. A user - friendly manual will continue to be a part of the ASE project.
It should also be noted that the County's existing development process includes pre -
development meetings whereby applicants meet with various County staff to learn more about
the regulatory requirements of the project they are proposing. Residents and developers have
never been required to navigate through the various regulations on their own.
Purpose of Work Session Item
Staff plans to make a presentation to the BOCC on relevant aspects of the ASE project and
receive input /direction on the following:
1. Verification that the BOCC wants staff to work on a comprehensive ASE project (as
opposed to addressing fewer land uses types). (See pages 3 through 16 of the June 12,
2007 meeting materials for an example of a comprehensive list of land uses:
http:// orangecountync .gov /OCCLERKS /0706124ii.pdf)
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2. Input as to whether staff should pursue coordinating ASE with the County's joint planning
agreement partners (Chapel Hill and Carrboro) to potentially have ASE apply in the Rural
Buffer. (Note: Farms located in the Rural Buffer can engage in bona fide farming
activities pursuant to State statutes). Two points in regards to this issue:
a. The "Agricultural" land use category was one of the categories `collapsed' into the
"Rural Buffer" when the Joint Planning Land Use Plan was written. (see page 60 -a
of the plan:
http: / /orangecountync.gov /planning /documents /JPALUPDocument.pdf)
b. A memo written by former County Manager Laura Blackmon on June 12, 2007
was sent to the Towns and is still valid (see pages 19 -21 of June 12, 2007
meeting materials for this memo):
http://orangecountync.gov/OCCLERKS/0706124ii.pd
Input as to whether there are certain Land Use categories, as depicted on the Future
Land Use Map (see Attachment D), where ASE uses should not be encouraged, e.g.,
possible categories the County may not wish to encourage agricultural uses may include:
Economic Development Transition Activity Node, Commercial - Industrial Transition
Activity Node, and Commercial Transition Activity Node.
4. Direction as to the type of zoning method to be brought forward (see Attachment C).
a. Note that this decision will depend on the level of decision making authority the
BOCC believes it should retain for ASE.
b. Zoning Methods could be a combination of types. For example:
i. An overlay district with standards and staff approval could be used for lower
impact uses while a different zoning method, such as a new conditional
zoning district, could be used for higher impact uses.
ii. As part of this decision on how to move forward, if the BOCC believes a
Special Use Permit (Class A or B) should be required for some types of
uses, staff will need to know this as conditional zoning districts have not
been set up to require an SUP.
iii. In cases where the BOCC would like to both impose conditions and require
a SUP, the Conditional Use zoning method should be pursued.
iv. BOCC members may wish to review the following sections of the UDO to
re- familiarize themselves with approval processes:
1. Section 2.4 (Zoning Compliance Permits) [relevant if overlay districts
are used]
2. Section 2.7 (Special Use Permits)
3. Section 2.9 (Conditional Districts) [there are two types of conditional
districts: Conditional Use and Conditional Zoning Districts)
5. The February 2013 BOCC retreat noted that some rural activities go beyond just
agricultural support to include reinvigorating rural activity nodes and rural home
occupations. Does the BOCC want staff to also work on these ideas as either part of this
effort or, likely more appropriately, as a separate, parallel effort?
6. Other issues BOCC members may wish to address as part of ASE.
FINANCIAL IMPACT: Existing Staff has accomplished the work completed thus far on this
project. It is anticipated that existing staff will be able to complete the necessary work required
for this project.
RECOMMENDATION(S): The Manager recommends the Board receive staff's presentation at
the work session and provide the input /direction requested above.
Excerpt from NC General Attachment A 4
Statutes
Article 52.
Agricultural Development.
§ 106 -580. Short title.
This Article may be cited as the "Agricultural Development Act." (1959, c. 1177, s. 1.)
§ 106 -581. Intent and purpose.
It is hereby declared to be the intent and purpose of this Article to provide for a plan of assistance to
the farmers and other citizens of this State in increasing agricultural income by making available to the
various counties of the State the full resources of the Agricultural Extension Service, and other facilities,
within the said counties, by means of the Farm and Home Development Program and the Rural
Development Program as authorized by Title 7, United States Code, and other existing agricultural
agencies. (1959, c. 1177, s. 2.)
§ 106 - 581.1. Agriculture defined.
For purposes of this Article, the terms "agriculture ", "agricultural ", and "farming" refer to all of the
following:
(1) The cultivation of soil for production and harvesting of crops, including but not limited to
fruits, vegetables, sod, flowers and ornamental plants.
(2) The planting and production of trees and timber.
(3) Dairying and the raising, management, care, and training of livestock, including horses,
bees, poultry, and other animals for individual and public use, consumption, and
marketing.
(4) Aquaculture as defined in G.S. 106 -758.
(5) The operation, management, conservation, improvement, and maintenance of a farm
and the structures and buildings on the farm, including building and structure
repair, replacement, expansion, and construction incident to the farming operation.
(6) When performed on the farm, "agriculture ", "agricultural ", and "farming" also include
the marketing and selling of agricultural products, agritourism, the storage and use
of materials for agricultural purposes, packing, treating, processing, sorting, storage,
and other activities performed to add value to crops, livestock, and agricultural
items produced on the farm, and similar activities incident to the operation of a
farm. (1991, c. 81, s. 1; 2005 -390, s. 18; 2006 -255, s. 6.)
§ 106 -582. Counties authorized to utilize facilities to promote programs.
The several counties of this State are hereby authorized to utilize the facilities of existing extension
and other agricultural advisory committees for the purpose of installing and promoting the Farm and
Home Development Program and /or the Rural Development Program, or other program within the
purview of this Article, in the said counties; or, the several counties may, within their discretion, with
the cooperation of the Agricultural Extension Service, create such new additional committees as may be
needed for this purpose. (1959, c. 1177, s. 3.)
§ 106 -583. Policy of State; cooperation of departments and agencies with Agricultural Extension
Service.
It is declared to be the policy of the State of North Carolina to promote the efficient production and
utilization of the products of the soil as essential to the health and welfare of our people and to promote
a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum
prosperity. For the attainment of these objectives the North Carolina Department of Agriculture and
Consumer Services, the School of Agriculture of North Carolina College and each and every other
department and agency of the State of North Carolina is hereby empowered to cooperate with the
Agricultural Extension Service and the committees authorized by this Article to provide: Development of
new and improved methods of production, marketing, distribution, processing and utilization of plant
and animal commodities at all stages from the original producer through to the ultimate consumer;
development of present, new, and extended uses and markets for agricultural commodities and
by- products as food or in commerce, manufacture or trade; introduction and breeding of new and
useful agricultural crops, plants and animals, particularly those plants and crops which may be adapted
to utilization in chemical and manufacturing industries; research, counsel and advice on new and more
profitable uses of our resources of agricultural manpower, soils, plants, animals and equipment than
those to which they are now devoted; methods of conservation, development, and use of land, forest,
and water resources for agricultural purposes; guidance in the design, development, and more efficient
and satisfactory use of farm buildings, farm homes, farm machinery, including the application of
electricity, water and other forms of power; techniques relating to the diversification of farm
enterprises, both as to the type of commodities produced, and as to the types of operations performed,
on the individual farm; and assistance in appraising opportunities for making fuller use of the natural,
human and community resources in the various counties of this State to the end that the income and
level of living of rural people be increased. (1959, c. 1177, s. 4; 1997 -261, s. 109; 1997 -443, s.
11A.118(a).)
§ 106 -584. Maximum use of existing research facilities.
In effectuating the purposes of this Article, maximum use may be made of existing research facilities
owned or controlled by the State of North Carolina or by the federal government and of the facilities of
the State and federal extension services. (1959, c. 1177, s. 5.)
§ 106 -585. Appropriations by counties; funds made available by Congress.
The several counties of this State are hereby authorized to make such appropriations and expend
such funds as shall be necessary to defray any part of the expenses of the programs authorized by this
Article, including the salaries of the extension agents, special agents and other necessary personnel, and
any funds made available by the Congress of the United States for this purpose may be accepted and
used therefor. (1959, c. 1177, s. 6.)
§ 106 -586. Authority granted by Article supplementary.
The authority granted by this Article is in addition to that granted to the Extension Service by the
Congress of the United States and in no way infringes upon the administrative authority of the director
of the Extension Service or the existing policies of the Extension Service. (1959, c. 1177, s. 7.)
§ 106 -587. Local appropriations.
Each county and city in this State is authorized to make appropriations for the purposes of this
Article and to fund them by levy of property taxes pursuant to G.S. 153A -149 and G.S. 160A -209 and by
the allocation of other revenues whose use is not otherwise restricted by law. (1959, c. 1177, s. 8; 1973,
c. 803, s. 10.)
§§ 106 -588 through 106 -600. Reserved for future codification purposes.
Excerpt from NC General
Statutes
Part 3. Zoning.
§ 153A -340. Grant of power.
(a) For the purpose of promoting health, safety, morals, or the general welfare, a county may adopt
zoning and development regulation ordinances. These ordinances may be adopted as part of a unified
development ordinance or as a separate ordinance. A zoning ordinance may regulate and restrict the
height, number of stories and size of buildings and other structures, the percentage of lots that may be
occupied, the size of yards, courts and other open spaces, the density of population, and the location
and use of buildings, structures, and land for trade, industry, residence, or other purposes. The
ordinance may provide density credits or severable development rights for dedicated rights -of -way
pursuant to G.S. 136 -66.10 or G.S. 136- 66.11.
(b) (1) These regulations may affect property used for bona fide farm purposes only as provided
in subdivision (3) of this subsection. This subsection does not limit regulation under
this Part with respect to the use of farm property for nonfarm purposes.
(2) Except as provided in G.S. 106 -743.4 for farms that are subject to a conservation
agreement under G.S. 106 - 743.2, bona fide farm purposes include the production
and activities relating or incidental to the production of crops, fruits, vegetables,
ornamental and flowering plants, dairy, livestock, poultry, and all other forms of
agriculture as defined in G.S. 106 - 581.1. For purposes of this subdivision, the
production of a nonfarm product that the Department of Agriculture and Consumer
Services recognizes as a "Goodness Grows in North Carolina" product that is
produced on a farm subject to a conservation agreement under G.S. 106 -743.2 is a
bona fide farm purpose. For purposes of determining whether a property is being
used for bona fide farm purposes, any of the following shall constitute sufficient
evidence that the property is being used for bona fide farm purposes:
a. A farm sales tax exemption certificate issued by the Department of Revenue.
b. A copy of the property tax listing showing that the property is eligible for
participation in the present use value program pursuant to G.S. 105 - 277.3.
c. A copy of the farm owner's or operator's Schedule F from the owner's or
operator's most recent federal income tax return.
d. A forest management plan.
e. A Farm Identification Number issued by the United States Department of
Agriculture Farm Service Agency.
(3) The definitions set out in G.S. 106 -802 apply to this subdivision. A county may adopt
zoning regulations governing swine farms served by animal waste management
systems having a design capacity of 600,000 pounds steady state live weight (SSLW)
or greater provided that the zoning regulations may not have the effect of excluding
swine farms served by an animal waste management system having a design
capacity of 600,000 pounds SSLW or greater from the entire zoning jurisdiction.
(c) The regulations may provide that a board of adjustment may determine and vary their
application in harmony with their general purpose and intent and in accordance with general or specific
rules therein contained, provided no change in permitted uses may be authorized by variance.
(c1) The regulations may also provide that the board of adjustment, the planning board, or the
board of commissioners may issue special use permits or conditional use permits in the classes of cases
or situations and in accordance with the principles, conditions, safeguards, and procedures specified
therein and may impose reasonable and appropriate conditions and safeguards upon these permits.
Where appropriate, the conditions may include requirements that street and utility rights -of -way be
dedicated to the public and that recreational space be provided. When deciding special use permits or
conditional use permits, the board of county commissioners or planning board shall follow quasi - judicial
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procedures. No vote greater than a majority vote shall be required for the board of county
commissioners or planning board to issue such permits. For the purposes of this section, vacant
positions on the board and members who are disqualified from voting on a quasi - judicial matter shall
not be considered "members of the board" for calculation of the requisite majority. Every such decision
of the board of county commissioners or planning board shall be subject to review of the superior court
in the nature of certiorari consistent with G.S. 153A -345.
(d) A county may regulate the development over estuarine waters and over lands covered by
navigable waters owned by the State pursuant to G.S. 146 -12, within the bounds of that county.
(e) For the purpose of this section, the term "structures" shall include floating homes.
(f) Repealed by Session Laws 2005 -426, s. 5(b), effective January 1, 2006.
(g) A member of the board of county commissioners shall not vote on any zoning map or text
amendment where the outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member. Members of appointed boards
providing advice to the board of county commissioners shall not vote on recommendations regarding
any zoning map or text amendment where the outcome of the matter being considered is reasonably
likely to have a direct, substantial, and readily identifiable financial impact on the member.
(h) As provided in this subsection, counties may adopt temporary moratoria on any county
development approval required by law. county development approval required by law, except for the
purpose of developing and adopting new or amended plans or ordinances as to residential uses. The
duration of any moratorium shall be reasonable in light of the specific conditions that warrant
imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or
resolve such conditions. Except in cases of imminent and substantial threat to public health or safety,
before adopting an ordinance imposing a development moratorium with a duration of 60 days or any
shorter period, the board of commissioners shall hold a public hearing and shall publish a notice of the
hearing in a newspaper having general circulation in the area not less than seven days before the date
set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension
of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing
requirements of G.S. 153A -323. Absent an imminent threat to public health or safety, a development
moratorium adopted pursuant to this section shall not apply to any project for which a valid building
permit issued pursuant to G.S. 153A -357 is outstanding, to any project for which a conditional use
permit application or special use permit application has been accepted, to development set forth in a
site - specific or phased development plan approved pursuant to G.S. 153A- 344.1, to development for
which substantial expenditures have already been made in good faith reliance on a prior valid
administrative or quasi - judicial permit or approval, or to preliminary or final subdivision plats that have
been accepted for review by the county prior to the call for public hearing to adopt the moratorium. Any
preliminary subdivision plat accepted for review by the county prior to the call for public hearing, if
subsequently approved, shall be allowed to proceed to final plat approval without being subject to the
moratorium.
Any ordinance establishing a development moratorium must expressly include at the time of
adoption each of the following:
(1) A clear statement of the problems or conditions necessitating the moratorium and what
courses of action, alternative to a moratorium, were considered by the county and
why those alternative courses of action were not deemed adequate.
(2) A clear statement of the development approvals subject to the moratorium and how a
moratorium on those approvals will address the problems or conditions leading to
imposition of the moratorium.
(3) An express date for termination of the moratorium and a statement setting forth why
that duration is reasonably necessary to address the problems or conditions leading
to imposition of the moratorium.
(4) A clear statement of the actions, and the schedule for those actions, proposed to be
taken by the county during the duration of the moratorium to address the problems
or conditions leading to imposition of the moratorium.
No moratorium may be subsequently renewed or extended for any additional period unless the city
shall have taken all reasonable and feasible steps proposed to be taken by the county in its ordinance
establishing the moratorium to address the problems or conditions leading to imposition of the
moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or
extending a development moratorium must expressly include, at the time of adoption, the findings set
forth in subdivisions (1) through (4) of this subsection, including what new facts or conditions warrant
the extension.
Any person aggrieved by the imposition of a moratorium on development approvals required by law
may apply to the appropriate division of the General Court of Justice for an order enjoining the
enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions
brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings
in those actions shall be accorded priority by the trial and appellate courts. In any such action, the
county shall have the burden of showing compliance with the procedural requirements of this
subsection.
(i) In order to encourage construction that uses sustainable design principles and to improve energy
efficiency in buildings, a county may charge reduced building permit fees or provide partial rebates of
building permit fees for buildings that are constructed or renovated using design principles that conform
to or exceed one or more of the following certifications or ratings:
(1) Leadership in Energy and Environmental Design (LEED) certification or higher rating
under certification standards adopted by the U.S. Green Building Council.
(2) A One Globe or higher rating under the Green Globes program standards adopted by the
Green Building Initiative.
(3) A certification or rating by another nationally recognized certification or rating system
that is equivalent or greater than those listed in subdivisions (1) and (2) of this
subsection.
(j) An ordinance adopted pursuant to this section shall not prohibit single - family detached
residential uses constructed in accordance with the North Carolina State Building Code on lots greater
than 10 acres in size in zoning districts where more than fifty percent (50 %) of the land is in use for
agricultural or silvicultural purposes, except that this restriction shall not apply to commercial or
industrial districts where a broad variety of commercial or industrial uses are permissible. An ordinance
adopted pursuant to this section shall not require that a lot greater than 10 acres in size have frontage
on a public road or county- approved private road, or be served by public water or sewer lines, in order
to be developed for single - family residential purposes. (1959, c. 1006, s. 1; 1967, c. 1208, s. 4; 1973, c.
822, s. 1; 1981, c. 891, s. 6; 1983, c. 441; 1985, c. 442, s. 2; 1987, c. 747, s. 12; 1991, c. 69, s. 1; 1997 -458,
s. 2.1; 2005 -390, s. 6; 2005 -426, s. 5(b); 2006 -259, s. 26(a); 2007 -381, s. 1; 2011 -286, s. 1; 2011 -363, s. 1;
2011 -384, s. 5.)
Excerpt from NC General
Statutes
Part 3. Enhanced Voluntary Agricultural Districts.
§ 106 - 743.1. Enhanced voluntary agricultural districts.
(a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary
agricultural district. An ordinance adopted pursuant to this Part shall provide:
(1) For the establishment of an enhanced voluntary agricultural district that initially consists
of at least the number of contiguous acres of agricultural land, and forestland and
horticultural land that is part of a qualifying farm under G.S. 106 -737 or the number
of qualifying farms deemed appropriate by the governing board of the county or city
adopting the ordinance.
(2) For the formation of the enhanced voluntary agricultural district upon the execution of a
conservation agreement, as defined in G.S. 121 -35, that meets the condition set
forth in G.S. 106 -743.2 by the landowners of the requisite acreage to sustain
agriculture in the enhanced voluntary agricultural district.
(3) That the form of the agreement under subdivision (2) of this subsection be reviewed and
approved by an agricultural advisory board established under G.S. 106 -739, or other
governing board of the county or city that adopted the ordinance.
(4) That each enhanced voluntary agricultural district have a representative on the
agricultural advisory board established under G.S. 106 -739.
(b) The purpose of establishing an enhanced voluntary agricultural district is to allow a county or a
city to provide additional benefits to farmland beyond that available in a voluntary agricultural district
established under Part 2 of this Article, when the owner of the farmland agrees to the condition
imposed under G.S. 106 - 743.2. The county or city that adopted the ordinance may take any action it
deems appropriate to encourage the formation of these districts and to further their purposes and
objectives.
(c) A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of
the county. A city ordinance adopted pursuant to this Part is effective within the corporate limits of the
city. A city may amend its ordinances in accordance with G.S. 160A -383.2 with regard to agricultural
districts within its planning jurisdiction.
(d) A county or city ordinance adopted pursuant to this Part may be adopted simultaneously with
the creation of a voluntary agricultural district pursuant to G.S. 106 -738. (2005 -390, s. 5.)
§ 106 - 743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts;
limitation.
A conservation agreement entered into between a county or city and a landowner pursuant to G.S.
106- 743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is
executed. At the end of its term, a conservation agreement shall automatically renew for a term of three
years, unless notice of termination is given in a timely manner by either party as prescribed in the
ordinance establishing the enhanced voluntary agricultural district. The benefits set forth in this Part
shall be available to the farmland that is the subject of the conservation agreement for the duration of
the conservation agreement. (2005 -390, s. 5.)
§ 106 - 743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural
districts.
The provisions of G.S. 106 -739 through G.S. 106 -741 and G.S. 106 -743 apply to an enhanced
voluntary agricultural district under this Part, to an ordinance adopted under this Part, and to any
person, entity, or farmland subject to this Part in the same manner as they apply under Part 2 of this
Article. (2005 -390, s. 5.)
§ 106 - 743.4. Enhanced voluntary agricultural districts; additional benefits.
(a) Property that is subject to a conservation agreement under G.S. 106 -743.2 that remains in effect
may receive up to twenty -five percent (25 %) of its gross sales from the sale of nonfarm products and still
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qualify as a bona fide farm that is exempt from zoning regulations under G.S. 153A- 340(b). For purposes
of G.S. 153A- 340(b), the production of any nonfarm product that the Department of Agriculture and
Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a
farm that is subject to a conservation agreement under G.S. 106 -743.2 is a bona fide farm purpose. A
farmer seeking to benefit from this subsection shall have the burden of establishing that the property's
sale of nonfarm products did not exceed twenty -five percent (25 %) of its gross sales. A county may
adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of
compliance.
Nothing in this section shall affect the county's authority to zone swine farms pursuant to G.S.
153A- 340(b)(3).
(b) A person who farms land that is subject to a conservation agreement under G.S. 106 -743.2 that
remains in effect is eligible under G.S. 106- 850(b) to receive the higher percentage of cost -share funds
for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to
Article 72 of this Chapter for funds to benefit that farmland.
(c) State departments, institutions, or agencies that award grants to farmers are encouraged to give
priority consideration to any person who farms land that is subject to a conservation agreement under
G.S. 106 -743.2 that remains in effect. (2005 -390, s. 5; 2011 -145, s. 13.22A(cc).)
§ 106 - 743.5. Waiver of utility assessments.
(a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county
or a city may provide that all assessments for utilities provided by that county or city are held in
abeyance, with or without interest, for farmland subject to a conservation agreement under G.S.
106 -743.2 that remains in effect until improvements on the farmland property are connected to the
utility for which the assessment was made.
(b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in
accordance with the terms set out in the assessment resolution.
(c) Statutes of limitations are suspended during the time that any assessment is held in abeyance
under this section without interest.
(d) If an ordinance is adopted by a county or a city under this section, then the assessment
procedures followed under Article 9 of Chapter 153A or Article 10 of Chapter 160A of the General
Statutes, respectively, shall conform to the terms of this ordinance with respect to qualifying farms that
entered into conservation agreements while such ordinance was in effect.
(e) Nothing in this section is intended to diminish the authority of counties or cities to hold
assessments in abeyance under G.S 153A -201 and G.S. 160A -237. (2005 -390, s. 5.)
11
§ 143 -138. North Carolina State Building Code.
(b) Contents of the Code. — The North Carolina State Building Code, as adopted by the
Building Code Council, may include reasonable and suitable classifications of buildings and
structures, both as to use and occupancy; general building restrictions as to location, height, and
floor areas; rules for the lighting and ventilation of buildings and structures; requirements
concerning means of egress from buildings and structures; requirements concerning means of
ingress in buildings and structures; rules governing construction and precautions to be taken
during construction; rules as to permissible materials, loads, and stresses; rules governing
chimneys, heating appliances, elevators, and other facilities connected with the buildings and
structures; rules governing plumbing, heating, air conditioning for the purpose of comfort
cooling by the lowering of temperature, and electrical systems; and such other reasonable rules
pertaining to the construction of buildings and structures and the installation of particular
facilities therein as may be found reasonably necessary for the protection of the occupants of the
building or structure, its neighbors, and members of the public at large.
(bl) The Code may regulate activities and conditions in buildings, structures, and premises
that pose dangers of fire, explosion, or related hazards. Such fire prevention code provisions
shall be considered the minimum standards necessary to preserve and protect public health and
safety, subject to approval by the Council of more stringent provisions proposed by a
municipality or county as provided in G.S. 143- 138(e). These provisions may include regulations
requiring the installation of either battery- operated or electrical smoke detectors in every
dwelling unit used as rental property, regardless of the date of construction of the rental property.
For dwelling units used as rental property constructed prior to 1975, smoke detectors shall have
an Underwriters' Laboratories, Inc., listing or other equivalent national testing laboratory
approval, and shall be installed in accordance with either the standard of the National Fire
Protection Association or the minimum protection designated in the manufacturer's instructions,
which the property owner shall retain or provide as proof of compliance.
(b2) The Code may contain provisions requiring the installation of either battery- operated or
electrical carbon monoxide detectors in every dwelling unit having a fossil -fuel burning heater,
appliance, or fireplace, and in any dwelling unit having an attached garage. Carbon monoxide
detectors shall be those listed by a nationally recognized testing laboratory that is
OSHA - approved to test and certify to American National Standards Institute/Underwriters
Laboratories Standards ANSI/UL2034 or ANSFUL2075 and shall be installed in accordance
with either the standard of the National Fire Protection Association or the minimum protection
designated in the manufacturer's instructions, which the property owner shall retain or provide as
proof of compliance. A carbon monoxide detector may be combined with smoke detectors if the
combined detector does both of the following: (i) complies with ANSFUL2034 or
ANSWL2075 for carbon monoxide alarms and ANSWL217 for smoke detectors; and (ii) emits
an alarm in a manner that clearly differentiates between detecting the presence of carbon
monoxide and the presence of smoke.
(b3) Except as provided by subsection (cl) of this section, the Code may contain provisions
regulating every type of building or structure, wherever it might be situated in the State.
(b4) Building rules do not apply to (i) farm buildings that are located outside the
building -rules jurisdiction of any municipality, or (ii) farm buildings that are located inside the
12
building -rules jurisdiction of any municipality if the farm buildings are greenhouses. For the
purposes of this subsection:
(1) A "farm building" shall include any structure used or associated with equine
activities, including, but not limited to, the care, management, boarding, or
training of horses and the instruction and training of riders. Structures that are
associated with equine activities include, but are not limited to, free standing
or attached sheds, barns, or other structures that are utilized to store any
equipment, tools, commodities, or other items that are maintained or used in
conjunction with equine activities. The specific types of equine activities,
structures, and uses set forth in this subdivision are for illustrative purposes,
and should not be construed to limit, in any manner, the types of activities,
structures, or uses that may be considered under this subsection as exempted
from building rules. A farm building that might otherwise qualify for
exemption from building rules shall remain subject only to an annual safety
inspection by the applicable city or county building inspection department of
any grandstand, bleachers, or other spectator- seating structures in the farm
building. An annual safety inspection shall include an evaluation of the overall
safety of spectator- seating structures as well as ensuring the spectator- seating
structure's compliance with any building codes related to the construction of
spectator- seating structures in effect at the time of the construction of the
spectator- seating.
(2) A "greenhouse" is a structure that has a glass or plastic roof, has one or more glass
or plastic walls, has an area over ninety -five percent (95 %) of which is used to
grow or cultivate plants, is built in accordance with the National Greenhouse
Manufacturers Association Structural Design manual, and is not used for retail
sales. Additional provisions addressing distinct life safety hazards shall be
approved by the local building -rules jurisdiction.
(3) A "farm building" shall include any structure used for the display and sale of
produce, no more than 1,000 square feet in size, open to the public for no
more than 180 days per year, and certified by the Department of Agriculture
and Consumer Services as a Certified Roadside Farm Market.
(b5) No building permit shall be required under the Code or any local variance thereof
approved under subsection (e) for any construction, installation, repair, replacement, or alteration
costing five thousand dollars ($5,000) or less in any single family residence or farm building
unless the work involves: the addition, repair, or replacement of load bearing structures; the
addition (excluding replacement of same capacity) or change in the design of plumbing; the
addition, replacement or change in the design of heating, air conditioning, or electrical wiring,
devices, fixtures (excluding repair or replacement of electrical lighting devices and fixtures of
the same type), appliances (excluding replacement of water heaters, provided that the energy use
rate or thermal input is not greater than that of the water heater which is being replaced, and
there is no change in fuel, energy source, location, capacity, or routing or sizing of venting and
piping), or equipment, the use of materials not permitted by the North Carolina Uniform
Residential Building Code; or the addition (excluding replacement of like grade of fire
resistance) of roofing. The exclusions from building permit requirements set forth in this
paragraph for electrical lighting devices and fixtures and water heaters shall apply only to work
performed on a one- or two - family dwelling. In addition, exclusions for electrical lighting
13
devices and fixtures and electric water heaters shall apply only to work performed by a person
licensed under G.S. 87 -43 and exclusions for water heaters, generally, to work performed by a
person licensed under G.S. 87 -21.
§ 87 -21. Definitions; contractors licensed by Board; examination; posting license, etc.
(a) Definitions. — For the purpose of this Article:
(11) The phrase "fire sprinkler" means an automatic or manual sprinkler system
designed to protect the interior or exterior of a building or structure from fire,
and where the primary extinguishing agent is water. These systems include
wet pipe and dry pipe systems, preaction systems, water spray systems, foam
water sprinkler systems, foam water spray systems, nonfreeze systems, and
circulating closed -loop systems. These systems also include the overhead
piping, combination standpipes, inside hose connections, thermal systems
used in connection with the sprinklers, tanks, and pumps connected to the
sprinklers, and controlling valves and devices for actuating an alarm when the
system is in operation. This subsection shall not apply to owners of property
who are building or improving farm outbuildings. This subsection shall not
include water and standpipe systems having no connection with a fire
sprinkler system. Nothing herein shall prevent licensed plumbing contractors,
utility contractors, or fire sprinkler contractors from installing underground
water supplies for fire sprinkler systems.
Attachment B
This list was put together by the Agricultural
Preservation Board (APB) in the Fall of 2012
Possible Agricultural - Related Activities and Uses
(for "clarification" as part of Conditional Use Zoning)
1. On -farm Stores — Produce Stands, selling products grown on the farm
2. On -farm stores — selling products from around the community (local, but multiple
farms and crafts, etc)
3. Farm and Garden Supply Stores
4. Agri- tourism facilities
5. Solar arrays
6. Beef processing (slaughter, packaging, selling)
7. Farm Stay Workers - people staying at a farm as paying guests doing farm
work. The differentiation between this use and a B &B would be
1. The guests "pay for" their accommodations and board in part by working
on the farm;
2. The main business of the farm would not be guests;
3. Guests would be staying a minimum of a week; and
4. Other criteria to justify this exception, like limiting the number of rooms for
farm stay guests, etc.
8. Farm dinners - farms can offer (and charge for) dinners featuring their products
without having to be a restaurant, cafeteria, etc. Limitations might include:
1. Food served would have to be grown or raised on the farm;
2. Kitchen would have to meet "good housekeeping" standards;
3. Limit to 12 events per year or something; and
4. Other limitations to prevent farm pseudo- restaurants.
9. Clarify the "25% rule" for on -farm sales - historically farms stands have been
required to raise 75% of what is sold. This makes sense - we don't want farm
stands to become convenience stores, but suppose the farm stand is the result
of two or three farms collaborating? Does the rule apply then? Why not allow
two neighboring farms, one with a good location for a farm stand, to collaborate
somehow in the marketing without opening the door to a de -facto general
purpose market.
10. Allow farms to become small alternative - energy utilities. I know this is more of a
NC utilities commission rule, but based on our knowledge, farms are limited to
10K watts or else they become subject to a much more complicated application
and approval process. Farms ought to be able to generate 1 million watts if they
want to. (needs more review with Utilities Commission).
14
15
Agricultural - Related Activities and Uses — Response to List made by Agricultural Preservation Board in Fall 2012
Considered
"Exempt"
Environmental
Building Code
Zoning /Land Use
Activity'
from zoning
Health Concerns or
Concerns or
regulations if
Comments
Comments
Concerns or Comments
bona fide farm ?"
On -farm Stores — Produce Stands, selling
If "stores" are
No building permits
Sufficient off - street
products grown on the farm
required to have
required if
parking must be
bathroom facilities,
building /structure is
provided to ensure the
water supply permits
less than 1,000 sq. ft.
store or stand does not
and septic permits
and open no more
become a road safety
YES
may be necessary.
than 180 days per
hazard.
year.
Additionally, this is
currently a permitted
use in the AS zoning
district.
On -farm stores — selling products from around
If "stores" are
Permits required.
This is currently a
the community (local, but multiple farms and
required to have
Sealed plans required
permitted use in the AS
crafts, etc)
bathroom facilities,
if cost exceeds 90,000
zoning district.
NO
water supply permits
or building exceeds
and septic permits
2,500 square feet.
may be necessary.
Farm and Garden Supply Stores
If "stores" are
Permits required.
This is currently a
required to have
Sealed plans required
permitted use in the AS
bathroom facilities,
if cost exceeds
zoning district.
NO
water supply permits
$90,000 or building
and septic permits
exceeds 2,500 square
may be necessary.
feet.
16
Activity'
Considered
"Exempt"
from zoning
regulations if
bona fide farm ?"
Environmental
Health Concerns or
Comments
Building Code
Concerns or
Comments
Zoning /Land Use
Concerns or Comments
Agri- tourism facilities
If "facility" is
No permits required
Sufficient off - street
required to have
unless existing or new
parking must be
YES
bathroom facilities,
structures are open to
provided to ensure the
water supply permits
the general public.
facility does not
and septic permits
become a road safety
may be necessary.
hazard.
Solar arrays
Environmental
Building and electrical
Orange County
Health will review
permits required.
adopted standards
site plans and issue
Engineer sealed plans
related to solar arrays
an authorization
required.
in November 2012. A
after assuring that
"small" operation (one
structures don't
that reduces or meets
encroach on existing
on -site energy needs
facilities (septic
and generates 20
systems).
kilowatts or less) is
NO
considered an
accessory use in all
zoning districts.
"Large" or "Public
Utility" solar array
facilities (defined in
UDO) are subject to
either a Class B or A
Special Use Permit
(SUP).
17
Activity'
Considered
"Exempt"
from zoning
regulations if
bona fide farm ?"
Environmental
Health Concerns or
Comments
Building Code
Concerns or
Comments
Zoning /Land Use
Concerns or Comments
Beef processing (slaughter, packaging, selling)
Wastewater system
Building permits
Considered a "bona
permits and water
required if persons
fide farm" activity if
supply well permits
other than immediate
only processing animals
will be necessary.
family are employed.
raised on site. This is
YES
May fall under NCDA
also currently a
and /or Health
permitted use in the AS
Department
zoning district.
meat /food
processing permit.
Farm Stay Workers - people staying at a farm as
Water supply permits
Would be considered
Considered a "bona
paying guests doing farm work. The
and septic system
a Bed & Breakfast if 5
fide farm" activity.
differentiation between this use and a B &B
permits required.
bedrooms or less and
Also, "Rural Guest
would be:
May require food-
owner is proprietor.
Establishments" were
1. The guests "pay for" their
service permit. May
Considered single
added to the zoning
accommodations and board in part by
require B &B or
family dwelling. No
regulations several
working on the farm;
lodging permit.
permits required.
years ago. Permitting is
2. The main business of the farm would
dependent on the type
not be guests;
YES
If owner is not
of establishment (Bed
3. Guests would be staying a minimum of
proprietor or more
& Breakfast, Bed and
a week; and
than 5 rooms, building
Breakfast Inn, or
4. Other criteria to justify this exception,
permits required.
Country Inn). Bed and
like limiting the number of rooms for
Breakfasts are
farm stay guests, etc.
permitted by right in
the RB, AR, and R1
zoning districts.
IN
Activity'
Considered
"Exempt"
from zoning
regulations if
bona fide farm ?"
Environmental
Health Concerns or
Comments
Building Code
Concerns or
Comments
Zoning /Land Use
Concerns or Comments
Farm dinners - farms can offer (and charge for)
Likely requires food
If no construction
This type of use is now
dinners featuring their products without having
service permit unless
required, no permit
considered exempt
to be a restaurant, cafeteria, etc. Limitations
exempted under
required.
from zoning
might include:
NCGS 130A -250 (ex.
regulations. Sufficient
1. Food served would have to be grown or
cooking school,
off - street parking
raised on the farm;
private clubs,
would need to be
2. Kitchen would have to meet good
YES
fundraiser for non-
provided to ensure
housekeeping" standards;
profit, etc.) .
there would not be a
3. Limit to 12 events per year or
road safety hazard.
something; and
4. Other limitations to prevent farm
pseudo- restaurants.
19
Activity'
Considered
"Exempt"
from zoning
regulations if
bona fide farm ?"
Environmental
Health Concerns or
Comments
Building Code
Concerns or
Comments
Zoning /Land Use
Concerns or Comments
Clarify the "25% rule" for on -farm sales -
If "stores" are
No building permits
A farm selling products
historically farms stands have been required to
required to have
required if
from other farms falls
raise 75% of what is sold. This makes sense - we
bathroom facilities,
building /structure is
under the second use
don't want farm stands to become convenience
water supply permits
less than 1,000 sq. ft.
in this table: On -farm
stores, but suppose the farm stand is the result
and septic permits
and open no more
stores — selling
of two or three farms collaborating? Does the
may be necessary.
than 180 days per
products from around
rule apply then? Why not allow two
year.
the community (local,
neighboring farms, one with a good location for
but multiple farms and
a farm stand, to collaborate somehow in the
crafts, etc).
marketing without opening the door to a de-
The state statute that
facto general purpose market.
N/A
pertains to the "25%
[Staff Note: the "25% rule" is in reference to §
rule" specifically states
106 -743.4 and pertains to enhanced voluntary
25% of gross sales may
agricultural districts]
come from the sale of
nonfarm products and
still qualify as a bona
fide farm. County
ordinances cannot
change the percentage
spelled out in State
statutes.
20
This chart deals only with aspects of regulations that County staff is involved in. Some of these activities, such as beef processing, are also regulated at the
State and /or Federal level. The future "Agricultural Support Enterprises Manual" would likely include information on State and /or Federal regulations that
farmers need to comply with.
§ 153A -340 of the NC General Statutes allows county governments to adopt zoning and development regulation ordinances (such as a unified development
ordinance [U DO]). Except for very large swine farms (defined in section), bona fide farms may not be affected by the ordinances allowed in § 153A -340. This
means that if a farmer meets the state - defined definition of a "bona fide farm ", the specific types of uses that are defined (by the State) as "Agriculture" are
exempt from zoning regulations. All of the regulations contained in the County's UDO are not adopted pursuant to § 153A -340 which means that some
provisions of the UDO apply to farmland. Examples of provisions that apply to farming operations are impervious surface limits, stormwater regulations, and
erosion control requirements. Additionally, farming operations are not exempt from environmental health regulations nor from building code requirements
(except for most equine - related activities) as these are regulations to protect the public health, safety, and welfare that are enabled from sections of the
General Statutes that do not exempt bona fide farms.
Bona fide farms are defined as: the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering
plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. 106 - 581.1. Additionally, the production of nonfarm products that the
Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm in an Enhanced
Voluntary Agricultural District is considered a bona fide farm activity for the purposes of exempting bona fide farms from zoning regulations.
§ 106 - 581.1. defines "Agriculture" as:
(1) The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.
(2) The planting and production of trees and timber.
Considered
"Exempt"
Environmental
Building Code
Zoning /Land Use
Activity'
from zoning
Health Concerns or
Concerns or
regulations if
Comments
Comments
Concerns or Comments
bona fide farm ?"
Allow farms to become small alternative- energy
Water and
Building and electrical
Orange County
utilities. I know this is more of a NC utilities
wastewater permits
permits required.
adopted standards
commission rule, but based on our knowledge,
may be necessary.
Sealed plans required.
related to solar arrays
farms are limited to 10K watts or else they
in November 2012 (see
become subject to a much more complicated
NO
discussion above).
application and approval process. Farms ought
A "small alternative -
to be able to generate 1 million watts if they
energy utility" is not an
want to. (needs more review with Utilities
incident operation of a
Commission).
farm; it is a small utility.
This chart deals only with aspects of regulations that County staff is involved in. Some of these activities, such as beef processing, are also regulated at the
State and /or Federal level. The future "Agricultural Support Enterprises Manual" would likely include information on State and /or Federal regulations that
farmers need to comply with.
§ 153A -340 of the NC General Statutes allows county governments to adopt zoning and development regulation ordinances (such as a unified development
ordinance [U DO]). Except for very large swine farms (defined in section), bona fide farms may not be affected by the ordinances allowed in § 153A -340. This
means that if a farmer meets the state - defined definition of a "bona fide farm ", the specific types of uses that are defined (by the State) as "Agriculture" are
exempt from zoning regulations. All of the regulations contained in the County's UDO are not adopted pursuant to § 153A -340 which means that some
provisions of the UDO apply to farmland. Examples of provisions that apply to farming operations are impervious surface limits, stormwater regulations, and
erosion control requirements. Additionally, farming operations are not exempt from environmental health regulations nor from building code requirements
(except for most equine - related activities) as these are regulations to protect the public health, safety, and welfare that are enabled from sections of the
General Statutes that do not exempt bona fide farms.
Bona fide farms are defined as: the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering
plants, dairy, livestock, poultry, and all other forms of agriculture as defined in G.S. 106 - 581.1. Additionally, the production of nonfarm products that the
Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm in an Enhanced
Voluntary Agricultural District is considered a bona fide farm activity for the purposes of exempting bona fide farms from zoning regulations.
§ 106 - 581.1. defines "Agriculture" as:
(1) The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.
(2) The planting and production of trees and timber.
21
(3) Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use,
consumption, and marketing.
(4) Aquaculture as defined in G.S. 106 -758.
(5) The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and
structure repair, replacement, expansion, and construction incident to the farming operation.
(6) When performed on the farm, "agriculture ", "agricultural ", and "farming" also include the marketing and selling of agricultural products, agritourism, the
storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops,
livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm.
Attachment C
Agricultural Support Enterprises
Zoning Methods
The following zoning methods are currently available to facilitate agricultural uses in Orange
County if the proposed use is not considered part of a bona fide farm:
1. General Use Rezoning to AS (Agricultural Service) — see pages 3 -32 and 3 -33 of the UDO
for general standards
2. Conditional Use (see pages 3 -70 and 3 -71 of the UDO, also 3 -62 and 3 -63)
The following zoning methods are not currently available but are potential methods to use
3. A new conditional zoning district (this is different from "Conditional Use "). This could be a
district such as ASE -CZ (Agricultural Support Enterprises — Conditional Zoning).
4. Overlay District. A new overlay district for Agricultural Support Enterprises could be applied
to those portions of the county where agricultural uses are encouraged.
The attached chart analyzes various aspects of each of these methods.
Notes Regarding Public Hearings and Review Process
Staff research shows that in 2006 (5/22/06 BOCC meeting materials), the team working on this
issue was suggesting a new conditional district and was also proposing that any applications for
this new district could be heard at public hearing at any BOCC meeting, not just quarterly public
hearings. The purpose of this would be to speed up the approval process. It should be noted
that implementing this procedural change would require a re -write of Section 2.9.2 of the UDO
which are the procedures related to conditional zoning districts.
Additionally, the public hearing process (Section 2.8) would likely have to be modified as it could
be problematic to follow Orange County's established public hearing process of having the
Planning Board attend public hearings prior to making a recommendation. The current quarterly
public hearing process is a joint public hearing by the Planning Board and BOCC. Planning
Board members may not be available to attend additional meetings and if there is not a quorum,
the public hearing cannot be held.
Staff research also indicates that previous work on this issue was suggesting that, in addition to
the Planning Board, the Agricultural Preservation Board and the Economic Development
Commission also make recommendations on applications pertaining to Agricultural Support
Enterprises. If it is determined that it is desirable to add two additional advisory boards to the
process, the new process would have to be included in the UDO and decisions would have to
be made on how to include these additional boards in the public hearing process.
22
23
Analysis of Zoning Methods that Pertain or Could Pertain to Agricultural Support Enterprises
(those uses that are not in conjunction with a bona fide farm)
1 Overlay Districts are applied on top of (overlaid) existing zoning — Orange County already has several overlay districts. Overlay districts are used for many
reasons but for agricultural support enterprises purposes would be used to encourage certain activities, subject to standards that would be written into the
regulations. The standards are similar to standards used for special use permits but with an overlay district, the approval is administrative rather than
legislative. In other words, staff would approve a permit application if it met the established standards rather than going through the public hearing process
as is required for a rezoning or a Class A or B Special Use Permit.
The establishment of an overlay district (i.e., the geographic extent of the district [which could conceivably cover a large area of the County's planning
jurisdiction]) is normally done all at one time by the County and follows the normal process for a rezoning (mailed notification to all property owners in the
proposed overlay district, public hearing, Planning Board recommendation, BOCC decision).
General Use Rezoning to
Conditional Use
New Conditional District
Overlay District for
Existing "AS" District
(an existing method)
(e.g., ASE -CZ)
Agricultural Support
Enterprises'
Brief Summary of Existing
1. Application to Rezone
1. Application to
1. Application to Rezone
After establishment of an
Application Process
2. Quarterly Public
Rezone and for a Class A
2. Quarterly Public
overlay district, process is:
Hearing
Special Use Permit (all CU
Hearing
1. Application for Zoning
3. Planning Board
districts also require a
3. Planning Board
Compliance Permit
Recommendation
Class A SUP)
2. Staff Decision
4. BOCC Decision
2. Quarterly Public
Recommendation
Hearing
4. BOCC Decision
(see footnote for an
3. Planning Board
explanation of establishing
Recommendation
an overlay district)
4. BOCC Decision
Site Plan Required?
"No" as part of rezoning
Yes — necessary to receive
process.
Zoning Compliance Permit
"Yes" in order to receive a
Zoning Compliance Permit
Yes
Yes
(exceptions exist — see
Section 2.4)
Uses Known When
No. A property zoned in a
Regulations could be
Application is Made?
general use district can be
Yes
Yes
written to require that
developed to have any
use(s) be disclosed
1 Overlay Districts are applied on top of (overlaid) existing zoning — Orange County already has several overlay districts. Overlay districts are used for many
reasons but for agricultural support enterprises purposes would be used to encourage certain activities, subject to standards that would be written into the
regulations. The standards are similar to standards used for special use permits but with an overlay district, the approval is administrative rather than
legislative. In other words, staff would approve a permit application if it met the established standards rather than going through the public hearing process
as is required for a rezoning or a Class A or B Special Use Permit.
The establishment of an overlay district (i.e., the geographic extent of the district [which could conceivably cover a large area of the County's planning
jurisdiction]) is normally done all at one time by the County and follows the normal process for a rezoning (mailed notification to all property owners in the
proposed overlay district, public hearing, Planning Board recommendation, BOCC decision).
24
General Use Rezoning to
Conditional Use
New Conditional District
Overlay District for
Existing "AS" District
(an existing method)
(e.g., ASE -CZ)
Agricultural Support
Enterprises'
permitted use in the Table
of Permitted Uses (Section
5.2).
Can Conditions be
No.
Yes — if agreed to by both
Yes — if agreed to by both
No — if established
Applied?
applicant and County
applicant and County
standards in UDO are met,
permit must be issued
Future Land Use Map Attachment D 25
of the Orange County Comprehensive Plan
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Adoption Date: Nov 16,2006
NON ` v m !� I z Amended through September 2012
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Legend:
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ZaWatershed Critical Areas
o�oR r fs r . f� ' QOC /CH /CA Joint Planning Area
Resource Protection Areas
Public Interest Areas
Up Mi � ' � o I 10 Yea r Tra ns itio n
20 Year Transition
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Rural Residential
4" j Rural Buffer
Agricultural Residential
R
��� . sa,° � , � � r � • � I -City Limits
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o IE o Activity Nodes
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s y -Rural Neighborhood
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WEAVERD I Commercial Transition
Commercial - Industrial Transition
n s �
ti. D z Economic Development Transition
o 1 z o Rural Community
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N EsrF � ' Qw Rural Industrial
• .RD C :i�L H/� Se �gQp. Z S�•Q FO HURCN�¢
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\ !!rr c W ° sy p i R�Fi, 0 1 2 3 4
� • ° I RD Miles
P 7
Chatham County — —
1 in = 2.75 miles
Orange Countyand Planning and Inspections Department_
This copy pnnted Apnl 25, 2013_
Map is for reference use only
Contact Planning staff f.r ..fi..tion ofd.ta_