HomeMy WebLinkAboutAgenda - 02-23-2004-1ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
WORK SESSION AGENDA ITEM ABSTRACT
Meeting Date: February 23, 2004
SUBJECT: Agricultural Business Options /Rural Enterprises
DEPARTMENT: Planning & Inspections
ATTACHMENT(S):
1) Original Chart from May 28, 2002
2) Proposed Land Use Schedule (with
permitting process)
3) Draft Definitions
4) Bona fide Farm Accessory Use Brochure
5) Project Time Line
Action Agenda
Item No. 1
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Craig Benedict, Planning Director, ext. 2592
Dianne Reid, EDC Director, ext. 2326
Tina Moon, Planner II, ext. 2583
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732 -8181
968 -4501
688 -7331
336- 227 -2031
PURPOSE: To update the Board on staffs progress on the Agricultural Business Options
project, to receive input on the proposed list of uses and related definitions, and to request
permission to begin preparing zoning ordinance amendments.
BACKGROUND: On May 28, 2002, Planning Staff presented the Board with a proposal to
allow a greater range of agricultural enterprises in the rural areas, focusing on uses that offer
farmers supplemental revenue from agricultural products, businesses that are logical
extensions of farm uses, and services related to farming. The proposal included provisions to
link the permitting process to the intensity of the use.
Since that information session, an interdepartmental group consisting of Planning, Economic
Development, and Farm Agency staff have continued to work on the project (see Attachment 5),
meeting with local farmers for feedback and researching other jurisdictions with regulations that
speak to agricultural uses. Planning Staff have presented material at Agricultural Preservation
Board and Planning Board meetings for comment, as well. Following the original concept,
presented in May of 2002 with a simple color progression chart (Attachment 1), the
interdepartmental group has assembled a more detailed list of agriculturally -based land uses
along with recommended permitting processes (Attachment 2). The group has also developed
a series of definitions to clarify these new use categories and associated terminology
(Attachment 3).
Prior to preparing actual ordinance amendments, staff would like to receive input from the
Board regarding the overall concept and the specifics outlined in the proposed land use chart
and new definitions (Attachments 2 & 3). Staff would also like to request permission to move
forward with actual amendment preparation and receive direction for sending materials to
2
Chapel Hill /Carrboro as part of the joint planning area review process for changes in the rural
buffer.
FINANCIAL IMPACT: There is no direct fiscal impact is associated with this discussion,
RECOMMENDATION(S): The Manager recommends that the BOCC provide staff with the
following:
• input from the Board regarding the list of agriculturally -based uses and definitions;
• permission to begin preparing ordinance amendments; and
• direction for submitting information to the towns of Chapel Hill and Carrboro regarding
the joint review process,
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Definitions
Agriculture - Any form of agriculture or horticulture and related buildings and uses
associated with the production and /or sale of plants and animals useful to humans, including,
but not limited to, forage, grain and field crops, hay, pasturage, dairy and dairy products,
poultry and poultry products, horses, other livestock and fowl products, including the owning,
breeding, leasing, recreational usage and training of any and all such animals; bees and
aviary products, fruits and vegetables of all kinds, tobacco, Christmas trees, floral and
greenhouse products, sold, viticulture, silviculture, aquaculture, pet farm, and the primary
processing and storage of agricultural production A garden accessory to a residence shall
not be considered agriculture.
Agricultural Museum -An establishment operated as a repository or collection of curiosities
or objects of agricultural interest or significance for public display.
Agricultural Processing — See Processing
Agricultural Services - Commercial activities offering goods and services which support the
production of agricultural products or processing of those products to make them marketable.
Examples include, but are not limited to, soil preparation, animal and farm management,
landscaping and horticultural services, specialized commercial horticulture, specialized
animal husbandry, biocide services, retail sales of farm /garden products, supplies and
equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding
shops, fadlities far animal shows, animal sales aad -austieas, agriculture -based
clubs /meeting halls, storage of agricultural supplies and products, an"Fecessing- plants -fer
agrisuitaral- predt+cts_4aet eves,
Agricultural Tourism - The act of visiting a working farm or any agricultural, horticultural or
agribusiness operation for the purpose of enjoyment, education, or active involvement in the
activities of the farm or operation. This may include hay rides and horse rides, where a
member of the farm staff guides the rider on foot, It does not include rides on other non -farm
recreational equipment including but not limited to mountain bicycles, motorcycles, or any
other type of all- terrain vehicle. Activities maybe seasonal or year- round
Agribusiness — Operations and activities related to the marketing, processing, wholesaling,
and retailing of food, natural fiber, tobacco and forestry products.
Aquaculture - The growing of crops, such as fish, or plant growth using water as the primary
growth medium.
Aviary - A place for keeping birds confined for the purpose of raising, exhibiting, or selling.
Avesatiegal parmiflg The use of land fe these es-wWzh-GGRstitute general fa g
GA cres -o , 88 #a r' the preceding',hFee yeaFs eF less
than ten-aGmes of forest land for which a managemeRt plan has- been-pr-epared. The
the d- kee.pin r4he- propagation -ef
Best Management Practices (BMPs) - A structural or non - structural management -based
practice used singularly or in combination to reduce non -point source pollution to receiving
waters in order to achieve water quality protection goals (See also, Detention Pond and
Engineered Stormwater Controls) (Unless otherwise specified, 'BMP ", when used in this
Ordinance, refers to structural BMPs )
Bona fide Farm - 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 agricultural products having a domestic or
foreign market. (NCGS 153A -340 (2))
Bona fide Farm Accessory Uses - Subsidiary uses that complement a primary bona fide
farm use. Examples include but are not limited to the retail sales and pick -your -own sales of
products grown on the farm such as fruits, vegetables, flowers, nursery and greenhouse
crops. Small -scale processing operations of products grown on the farm such as preserves
and jams, canned goods, and sauces may be accessory along with the retail sale of such
items. Examples of agricultural tourism operations such as seasonal corn mazes and
hayrides may also be accessory to a bona fide farm so long as the scale and income of the
accessory use remains related to and subsidiary to the main bona fide farm use Owners
wishing to pursue accessory uses to their bona fide farm which attract visitors to their
property will have to demonstrate sufficient off -road parking and safe vehicle access before
beginning their operation. See also Equestrian Facilities.
Building Permit - Written permission issued by Orange County for the construction, repairs,
addition or demolition of a structure.
Clearcutting - The removal of an entire stand of trees in one cutting
Combination Use - A use consisting of a combination on one lot of two or more principal
uses separately listed in the Land Use Table. (Under some circumstances, a second
principal use may be regarded as accessory to the first, and thus a combination use is not
established. In addition, when two or more separately owned or separately operated
enterprises occupy the same lot, and all such enterprises fall within the same principal use
classification, this shall not constitute a combination use )
Commercial Harvesting - A commercial operation that would alter the existing composition
or profile, or both, of a forest, including all commercial cutting operations done by companies
and private individuals for economic gain
Commercial Hunting or Fishing Preserve - An area of land upon which a fee is charged
for public or private hunting or fishing and upon which game or fish are grown or stocked for
a fee specifically for hunting or fishing thereon,
Community Farmers Market - A principal use which includes the sale of local horticultural
or agricultural products, such as nursery stock, perennial, annuals, bulbs, mulch, compost,
dried flowers, Christmas trees and greens, fresh produce, honey, cider, and similar
agricultural products, Subordinate sales of companion items intended to be used with (for
planting, caring for, displaying, combining with, canning, or preserving) the agricultural or
horticultural produce which is produced on the farm, but shall not include farm machinery and
equipment (except hand tools), building materials, furniture, or other like items Examples:
Canning jars, pumpkin carving kits, wreath making supplies, floral arranging supplies, potting
soil, pots, packaged fertilizer, mulch, peat moss, pruning shears, gardening gloves,
Christmas tree decorations. Locally raised meat products may be sold subject to
documentation from the Orange County Environmental Heath Department that all relevant
health requirements have been satisfied that all applicable health regulations are satisfied.
Cooperative Farm Stand - A small, often open -air and often seasonal structure, in which
agricultural products of up to four (4) farmers are publicly displayed and offered for sale. A
minimum of seventy -five percent (75 %) of the products sold must be agricultural products
produced by the participating farmers. The stand must be located on a bona fide farm
owned or leased by one of the farmers selling products The cooperative farm stand shall
not exceed 800 square feet in floor area, this may include space in an owner - occupied
accessory farm building provided no other agriculturally related business or industrial use is
occurring within the building. All new and temporary structures constructed for this purpose
shall be set back at least fifteen (15) feet from property lines and shall be located so as to
provide safe access to and from the public road. Related items processed from products
grown on the farm such as preserves, canned goods may be sold subject to documentation
from the Orange County Environmental Heath Department that all relevant health
requirements have been satisfied.
Community Supported Agriculture (CSA) - A partnership between consumers and farmers
in which consumers pay for farm products in advance and farmers commit to supplying
sufficient quantity, quality and variety of products This type of arrangement can be initiated
by the farmer (farmer directed) or by a group of consumers (participatory).
Conservation Easement - A (voluntary) written agreement between a property owner and a
conservation organization or public agency in which the owner maintains ownership of
his /her property but gives up some rights customarily associated with ownership in order to
achieve conservation purposes. An easement can be linked to buildings, land or both. An
Agricultural Easement is an agreement specifically designed to restrict the conversion of
the use of the land, preventing nonagricultural uses.
Country Store - A small retail establishment (principal use) in a predominately rural area
which contains limited amounts of a wide variety of goods for retail sale, including but not
limited to: milk, eggs, and locally grown produce; gloves, boots, gardening supplies; fishing
tackle; ice cream and food snacks, refrigerated beverages; etc It may contain a small grill
for food preparation but no indoor seating area. A country store shall not include gasoline
pumps or automotive repair shops However, existing establishments (in operation at the
time of this ordinance) currently selling gasoline, kerosene, propane, and /or servicing farm
equipment or automobiles may continue to operate such additional uses as accessory to the
principal country store use.
Density - The amount of development permitted per acre, usually expressed as the number
of dwelling units per acre for residential development.
Direct MarketingNalue -Added - Any marketing method whereby farmers sell their products
directly to consumers. Examples include farm stands, pick - your -own operations, community
supported agriculture or subscription farming, farmers' markets, etc,
Equestrian Facilities: - A building, group of buildings, or use of land, or any combination
thereof where provision is made for horses or ponies for hire or instruction in riding, for
compensation.
a. Farm Building Rental —Horse Boarding Stable – The owner of a bona fide farm
may lease stable space for horse boarding and may provide opportunities for riding
instruction, as an accessory use to the farm. Horse shows, equestrian events, and
other activities designed to attract spectators are not permitted as part of this use
b Riding Stable /Academies - A commercial facility where horses are sheltered, fed,
groomed, and bred. Typical accessory uses may include riding instruction, horse
shows and auctions, a tack shop, and storage of feed and supplies.
c Large -Scale Equestrian Facility with Commercial Stables, Events, and Rodeos –
A large -scale horse complex designed to accommodate numerous spectators at
regular events. Events and activities may include steeplechase and other equestrian
events, rodeos, dog and livestock shows, horse and tractor pulls, field sports, firework
displays, fair and circuses, with a maximum cumulative number of spectators
exhibiting, judging, showing or racing of horses at a frequency greater than one a
year where more than 75 spectators are reasonably anticipated.
Exempt - (Exempt from zoning regulations)
Bona fide farms are exempt from zoning regulations per NC General Statutes. Many
accessory uses to bona fide farms are also exempt. Certain building code requirements
apply to farm structures, and environmental health requirements may still apply, but for the
most part land use permits and related fees (from Planning) are not needed.
Farming - The use of land primarily for one or more of the following: the production in the
open of cash grains, field crops, vegetables, melons, fruits, berries and nuts and /or the
raising or keeping of general livestock and poultry for the sale of such livestock and poultry
for the products thereof or the breeding of such livestock and poultry. Farming includes any
buildings or structures which are customarily incidental or subordinate to the farming
activities listed above, including residences for the owners, operators or employees of the
farm and their families. General livestock and poultry includes those animals involved which
are customarily and traditionally raised on farms, such as beef and dairy cattle, hogs, sheep,
goats, rabbits and horses, mules, ponies, chickens, turkeys, ducks, and geese for the
purpose listed above, Farming does not include agricultural services and processing,
avocational farming, specialized commercial horticulture, and specialized commercial animal
husbandry, however some of these uses may be considered accessory to a bona fide farm
Farm Employee Housing (Tenant Housing) - A detached dwelling or mobile home located
on a farm for the purpose of housing an employee of the farm operation and his /her family.
Also included in this use type would be multi - family dwelling(s) for seasonal employees in
connection with an orchard or other agricultural use, which relies on seasonal employees
who must be housed.
Farm Machinery Service, Rental, and Sales Establishment - A use of land where the
primary occupation is the sale, rental or service of vehicles in operating condition and non -
vehicular equipment designed specifically for agricultural purposes whether for use on a farm
or in the transportation of farm products, but shall not include buildings For the purpose of
this Ordinance, farm equipment sales, rental and service establishments shall not include
SALES, RENTAL AND SERVICE OF AUTOMOBILES, MOBILE HOMES OR TRUCKS AND
HEAVY EQUIPMENT, as defined herein, but may include farm equipment parts and
accessory sales where installation of parts is a distinct feature of the business, and body and
paint work, when ancillary to sales and repair shops. The retail sale of equipment and
machinery parts is a logical accessory to this use.
Farmers Market - see Community Farmers Market
Farm Stand, (Roadside Stand, Wayside Stand) — A stricture or outdoor area located on a
farm and use for the sale, by an individual owner or tenant, of farm products grown or
produced on the bona fide farm on which the stand is located, or on grown on other farms
owned or leased by the same farmer or tenant. This use type shall include agricultural
products picked by the consumer. Related items processed from products grown on the
farm such as preserves, canned goods may be sold subject to documentation from the
Orange County Environmental Heath Department that all relevant health requirements have
been satisfied.
Farm Unit - Under each of the three classifications of bona fide farm, the potentially
qualifying land must constitute a management unit. If lands are managed or worked as a
single operation, such lands apparently would qualify as a "farm unit." For the agricultural
and horticultural classifications management must be active and continuous Land meeting
forest classifications need not be actively managed.
Greenhouse — A structure, covered with transparent material that utilizes solar radiant
energy to grow plants. These structures may have heating and ventilating equipment for the
purpose of optimum temperature control. Certain types of bona fide farm operations may
consist entirely of one or more greenhouse units. A greenhouse may also be used as a
storage facility for a Retail Garden Center or similar farm supply source.
Horticulture, Specialized - The use of land for the propagation of ornamental plants and
other nursery products, such as bulbs, florist greens, flowers, shrubbery, flower and
vegetable seeds and plants and sod and fruits and vegetables grown primarily under cover
Impervious Surface - A surface composed of any material which impedes or prevents the
natural infiltration of water into the soil. Such surfaces include all concrete, asphalt and
gravel surfaces. These include, but are not be limited to, streets and parking areas,
sidewalks, patios, and structures which cover the land.
Intensity — A measure of the extent to which a tract of land is developed. Intensity can also
be described or measured in terms of impacts such as traffic generation, sewage disposal
needs, and size and scale of operation
Kennel (Class 1) - An establishment which maintains more than five (5) but less than twenty
(20) animals of any species, excluding domesticated livestock, for the purpose of showing,
competition, hunting, or sport.
Kennel (Class 11) - An establishment involving animals of any species, excluding
domesticated livestock, engaged in any of the following.
a) owning or keeping, for any purpose, 20 or more animals
b) selling and /or training guard dogs or security dogs
C) the keeping of more than five (5) animals at any given time for the purpose of
breeding, boarding, or rehabilitation.
Large -Scale Equestrian Facility with Commercial Stables, Events, Rodeos — See
Equestrian Facility
Local Landmark Program —A local (Orange County) program that offers individual
properties and groups or clusters (districts) of properties special status based on historic
and /or architectural significance. Proposed changes to designated properties are subject to
the review by the Orange County Historic Preservation Commission to ensure that the site's
special significance remains intact. The owners of individual local landmark properties are
eligible for a 50% property tax deferral as long as the property's important historic features
are maintained. Local historic district designation has no effect on local property taxes.
Multiple Use - The combination on one lot of two or more principal uses, excluding outdoor
advertising signs. (Under some circumstances, a second use may be regarded as accessory
to the first, and thus a multiple use is not established )
Mulch Manufacture - The manufacture of horticultural mulch from wood, wood products or
similar materials. This term does not include the production of mulch as a by- product of on-
site farming,
Performance Standards - A series of regulatory criteria or limits related to certain
characteristics that a particular use of process may not exceed These criteria or land use
controls evaluate the actual impact or "performance" of an operation. Examples of
performance standards appropriate for agricultural operations and related businesses include
but are not limited to: thresholds for the number of patrons /employees associated with a
business or lot size, traffic generation (number of trips), hours of operation, time of year of
operation, off - property effects (including noise, odors, lighting), access to certain types of
roads, proximity to adjacent residences, etc A sliding scale system may also be used to link
the intensity of a use to the size of the property. Boarding ten horses in an unused barn and
pasture on a 200 -acre farm would have less impact on an adjacent property owner than the
same operation on a 10 -acre tract
Petting Zoo - A facility, exclusive from any specific bona fide farm, in which livestock, farm
animals and other animals are kept for public exhibition, viewing and contact, regardless of
compensation, and which may include related accessory uses and activities such as gift
shops not exceeding 600 square feet in area, picnic areas and recreational activities For the
purpose of this Ordinance, a pet farm shall not include retail pet stores and kennels, horse
races, and such activities as State and County fairs, livestock shows, rodeos, field trials, and
horsing events,
Pick - Your -Own (U -Pick) — Farm operations where the grower raises fruits, vegetables,
flowers, and some horticultural /nursery products and the customers harvest the fruits or
products themselves. The prices they pay for the volume harvested will be usually higher
than what the grower would get from a broker
Processing - A facility that processes agricultural products. For permitting purposes, the
processing facilities are divided into three categories based on the intensity.
a. Small -Scale Processing, Accessory — An operation to process agricultural
product(s) grown on a bona fide farm in the course of preparing it for market,
Processing is subordinate and incidental to the farm operation and includes the
following uses:
1. Basic Processing. Processing necessary to store and market farm products.
Basic processing does not include treatment that changes the form of the
product but does include treatment such as cutting, drying and packaging,
2. Value -added Processing: Treatment that changes the form of a farm product
in order to increase its market value, including such processes as canning,
milling, grinding, freezing, heating and fermenting.
b. Processing Facility — A facility that processes agricultural products grown or
produced on a bona fide farm or cooperative farm venture where the operation is
located on the specific bona fide farm or one of the participating cooperative farms.
The facility may operate independently from specific farm(s) if the business uses
primarily locally grown products and only those companion items or ingredients not
produced in the area needed in the preparation of the agricultural or horticultural
product. Subordinate retail sales of processed goods and companion items intended
to be used with the processed goods may be allowed as an accessory.
c. Agricultural Processing Facility, Local /Regional — A large -scale facility that
processes agricultural products grown in Orange County and /or within the Orange
County region, supplemented by agricultural products grown elsewhere. A principal
use, this processing hub should also serve as a source of local employment.
Protected Watershed - Land that drains to existing reservoirs which are public water
supplies or potential reservoir sites or stream intakes which have been designated for
protection. All such lands have been classified by the Environmental Management
Commission as WS -II, WS -III or WS -IV watersheds and require protection in accordance
with the State Mandate.
Reasonable Use — A use that is fair and suitable under the circumstances, bring fair
economic return (not necessarily highest economic return), is compatible with the general
purposes of promoting the health, safety and general welfare of the public, and furthers a
legitimate zoning purpose.
Retail Garden Center —A retail sales operation providing lawn and garden supplies and
small equipment rental primarily for home landscaping. Typical products include, but are not
limited to, decorative stone, garden ornaments, decorative pots, container plant stock, and
bagged or bulk sand, mulch and topsoil. Seasonal sales such as Christmas trees, pumpkins
and flowers will be permitted in the outdoor display area. A retail garden center serves as a
storage facility to store and resale plants, lawn, and garden supplies It is designed to serve
primarily individual homeowners, rather than farmers. It is a principal use; it is not part of a
bona fide farm operation.
Retreat Center - A new or existing facility operated by a corporation or association of
persons or churches for social and recreational purposes. A profit or not - for - profit
corporation may own a retreat center
Reforestation — The reestablishment of a forest through artificial reproduction or natural
regeneration
Rezoning — A change in zoning district and consequently in allowed land use or allowed
intensity of land use for a given parcel or group of parcels of land.
Riding Stable /Academies - See also Equestrian Facility.
Rural Activity Node - Land focused on designated road intersections which serve as a
nodal crossroads for the surrounding rural community and is an appropriate location for
rezoning and more intensive uses. Examples include:
a. Rural Neighborhood Node — Land that is appropriate for small -scale commercial
uses.
b. Rural Community Node — Land which is appropriate for any of the following. church,
fire station, small post office, school, or other similar institutional uses and one or
more commercial uses.
c. Rural Industrial Node — Land that is appropriate for one or more industrial uses,
Rural Guest Establishments - A temporary lodging facility that is compatible to the primary
land use of agriculture, forestry, open space, or otherwise rural residential activities. Rural
guest establishments consist of three subcategories based on intensity and permit
requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which are further
defined below.
a. Bed and Breakfast: A private, owner - occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only.
b. Bed and Breakfast Inn: A business operated in a structure which is used primarily
for providing overnight accommodations to the public, even though the owner or
manager lives on the premises. The number of guestrooms may range from four (4)
to no more than eight (8). The establishment shall not contain restaurant facilities,
but may provide food service for transient guests only.
c. Country Inn: A business, which offers accommodations and dining in a
predominately rural area. Overnight accommodations are available, and a full- service
restaurant provides breakfast, lunch and dinner to guests and the general public. The
number of guestrooms may range from four (4) to no more than twenty -four (24). The
restaurant shall contain no more than sixty (60) seats.
Screening — A method of visually shielding or obscuring abutting or nearby structures,
rights -of -way or uses from another by fencing, walls, berms, or densely planted vegetation,
Setback - The distance from a property line to a structure or use such as parking.
Site Plan - Land uses that are allowed by right can be approved administratively by planning
staff. The applicant must submit an application form, fee, and a professionally prepared
drawing. The drawing, or site plan, delineates what is being proposed along with the Zoning
Ordinance requirements such as landscaping or parking.
Site Plan (modified) — A sketch plan that contains the same general information as a site
plan but does not have to be professionally designed and certified by a registered engineer,
landscape architect, architect, or land surveyor
Sound Management Program - This term embraces a program designed to obtain the
greatest net return from the land consistent with the particular classification assigned to that
land It means primarily the operation of the land to obtain the greatest net return consistent
with its conservation and long -term improvement. The Inspections Director will determine
whether the Sound Management test is met.
Special Event - Farm - related events such as the .Junior Livestock Show, county fairs,
historic farm equipment shows, Temporary Events refer to special programs that may only
occur once or every so many years. Large Seasonal Events refer to annual programs, or
events that may take place four or more times a year.
Special Use (Permit) - A use which would not be appropriate generally throughout the
zoning district or without special study, but which, if controlled as to number, area, location or
relation to neighborhood, would Such uses, which are, listed as Special Uses in the
Permitted Use Table, Article 3, may be installed and operated only after approval by the
Board of Commissioners or by the Board of Adjustment, as appropriate, subject to the
general and specific standards.
Teaching Farm —A bona fide farm where students come for instruction on topics related to
farming including but not limited to. certified organic farming, row crops, animal husbandry,
horticulture and forestry. Instruction should include specific programs with course outlines,
core requirements, and criteria to evaluate if the student has mastered key elements at
program completion.
Use, Accessory - A use of land or of a building or portion thereof customarily incidental and
subordinate to the principal use of the land or building and located on the same lot with such
principal use -- subordinate, subsidiary, auxiliary, supplementary.
Use, Principal —The primary use of a parcel.
Value -Added - Any activity or process that allows farmers to retain ownership and that alters
the original agricultural product or commodity for the purpose of gaining a marketing
advantage. Value -added my including bagging, packaging, bundling, pre- cutting, etc,
Variance — Permission to construct, alter, or occupy a particular building, structure or parcel
of land in a way which is not in conformance with a provision or provisions of the Orange
County Zoning Ordinance, as a form of relief from its literal interpretations.
Veterinary Hospital - A facility for the provision of surgical or other medical treatments to
animals. [Such animals may be kept in the facility during the recovery period or while under
medical treatment. As an accessory use, animals may be boarded at the animal hospital
provided the boarding facility takes up no more than 25% of the gross floor area of the
animal hospital.]
Veterinary Mobile Clinic - An establishment for the care of animals where the animals are
not brought to the establishment but are cared for on an out - service basis The care can be
medical or custodial. Equipment and supplies necessary for conducting this service are
stored at the establishment. The owner may maintain a small shelter for observation use,
which can hold up to two animals simultaneously. The owner may also have small office,
attached or detached from his /her residence containing up to 500 square feet or 35% of the
floor area of the dwelling unit, Crematory facilities shall not be allowed in such an
establishment,
10
Voluntary Agricultural District — An area consisting of at least 80 acres of qualifying
farmland, containing a single farm or two or more contiguous farms of smaller size totaling 80
acres or more, where the landowners voluntarily agree not to develop or pursue non -farm
uses for a period of at least 10 years. Property owners may subdivide up to three residential
lots within the District, and may revoke their conservation agreement at any time through
written notice to the County,
Winery, Farm Winery — An establishment located on a farm with a producing vineyard,
orchard or similar growing area and with facilities for fermenting and bottling wine on the
premises where the owner or lessee manufactures wine from fresh fruits or other agricultural
products predominately grown or produced on such farm. A winery may offer occasional
tours to the public (as many as six per year may). A farmer may operate a small -scale
winery without tours, or other public access, as an accessory use to an established bona fide
farm vineyard.
Winery with Special Events, Major & Minor— A wine making establishment with facilities
for fermenting and bottling wine on the premises where the owner or lessee manufactures
wine from fresh fruits or other agricultural products predominately grown or produced on the
property or, from products grown within the region. The operation may hold events or
activities to promote the wine product, such as private parties, meals, and wine - related
festivals.
a. Winery with Minor Special Events — A facility that may host up to 12 annual events
with no more than 75 guests in attendance.
b. Winery with Major Special Events — A complex designed to produce and promote
wine, and to use the vineyard and winery estate as a backdrop for social activities
such as weddings and banquets with 75 or more quests in attendance, on a regular
basis Restaurants are not included as an accessory to this use, but may be pursued
as a combination use under this category subject to conditions under the special use
process.
Yard Waste Composting Facility - An approved type of Solid Waste Management Facility
which, through a controlled aerobic decomposition process, the fraction of household waste
that consists of grass clippings, leaves, brush, and tree trimmings arising from general
household yard maintenance, is composted to a stabilized organic product so that it does not
pose a present or potential hazard to human health or the environment.
Zoning District — A classification of land that designates and limits allowed uses, lot sizes,
building setbacks and other land development regulations.
�aGhrner► -� 4
- .. - .
9
Five easy steps can get you on
your way.
Karen McAdams, Cooperative Extension Office
Royce Hardin, Cooperative Extension Office
Agriculture & Planning Center • 306E Revere Road • Hillsborough, NC 27278
Gail Hughes, Soil & Water Conservation
Agriculture & Planning Center • 306D Revere Road • Hillsborough, NC 27278
Tina Moon, Planning & Inspections
Agriculture & Planning Center • 306F Revere Road • Hillsborough, NC 27278
Dianne Reid, Economic Development Commission
Economic Development Commission • 110 E King Street • Hillsborough, NC
Mike Lanier, Agricultural Economic Development Coordinator
Economic Development Commission • 110 E King Street • Hillsborough, NC
245 -2058
245 -2062
245 -2753
245 -2583
245 -2325
27278
245 -2330
27278
1? Verify Farm Status
North Carolina General Statutes (NCGS) 153 -A -340 and Section 1.5 of the Orange County Zoning Ordinance
specifically exempt "bona fide farms" (and farm related structures) from zoning regulations and some NC State
Building Code requirements. The Orange County Zoning Ordinance defines a bona fide farm* as, "the use of land for
farming meeting one of the following criteria:
1. Composing two or more acres on one or more tracts owned or leased by the bona fide farm unit;
2. Average annual sales of $1,000 for the preceding three years; or a minimum of twenty [acres] of forest land for
which a management plan has been prepared."
*The State of North Carolina qualifications for the farm use tax are different from the Orange County definition of a
bona fide farm.
❑ Be able to document your farm status with copies of annual receipts or a copy of Schedule F of your
Federal tax return.
Develop a plan
Consider agricultural operations that would complement your farm. The operation should be subsidiary or accessory
to the farm. Examples of operations considered "accessory" found in the Piedmont area include but are not limited
to the following:
• Retail sales of products grown on the farm such as fruits and vegetables (farm stands)
• Pick -your -own fruits and vegetables
• Retail sales of nursery and greenhouse crops
• Small -scale processing and marketing of farm grown products
• Tourism such as corn mazes, hayrides and horse trail rides
Work with your local farm agencies, Cooperative Extension and Soil and Water, and the Economic Development
Director to develop a plan and determine all necessary local, state and federal regulations. Do you need a waste
management permit? What about a larger septic field? Who will run the operation? Do you need to construct new
buildings or can you use existing structures? Your farm agency representative will help you answer these questions
and coordinate the planning process. If you have a unique or a large -scale proposal, your farm agency
representative will review your plan with Planning staff and /or the Economic Development Director to ensure that it
will be considered "accessory" before you get too far in the planning stage.
❑ Some uses, such as bed and breakfast inns or stables with training facilities, may require separate
land use permits. Some uses may not be allowed in protected watersheds.
Get a letter
Once you have a plan, ask your farm agency representative to prepare a formal letter describing your proposal. The
letter should summarize your plan and outline all the local, state and federal regulations that apply to your project.
The letter also should clearly state that the proposed use is subsidiary to the main farm use, in other words the site
will not become industrial or commercial in nature.
4r Satisfy agricultural requirements
Complete any remaining permitting and /or management plan requirements as outlined in the letter. You should have
copies of letters or permits from all appropriate county, state and federal agencies.
" Get County permits
Go to the Planning & Inspections Department and bring the following key items:
(a) Documentation of bona fide farm status;
(b) A copy of a tax map showing property (available at Land Records in Government Services Center) and
A copy of a survey of the property or plat (available at Register of Deeds in the GSC) with the sketched
location of any new or existing buildings linked to the operation;
(c) Copy of the formal letter from local farm agency personnel;
(d) Any additional documentation as specified in formal letter such as a septic permit;
(e) Building permit application and /or Erosion Control permit application.
Planning Staff will create a file documenting your new operation as an "accessory use to your farm."
This information will be available to answer questions from new neighbors or others questioning the
legitimacy of your business. It will also provide invaluable data about successful agricultural uses in
the county to help us develop better policies for the future.
Agricultural Business Options
Time -Line
February 23, 2004: Dianne Reid presents project overview and status report at Agricultural Summit.
February 18, 2004: Tina Moon presents update of work Agricultural Preservation Board for feedback.
February 17, 2004: Follow -up meeting with niche farmer group. Staff provides update of work since
November 13, 2002: Dianne Reid, Tina Moon, Karen McAdams, Gail Hughes discuss November
meeting with niche farmers and how to proceed. Moon to research other
jurisdictions for examples of ordinance language. McAdams and Hughes to
discuss performance standards based on intensity of farm operation.
November 6, 2002: Selected niche farmer group meets. Participants include: Clay Parker, David
McKee, Vaugh Compton, Howard McAdams, Portia McKnight, Earl Brown, Tinka
Bates, Bob Nutter; Karen McAdams, Gail Hughes, Tina Moon, Dianne Reid, Mike
Lanier. Staff describe proposal, farmers offer feedback.
November 4, 2002: Craig Benedict and Dianne Reid meet with John Link regarding ongoing problems
with inquiries to Planning for new operations that are "agricultural in character."
first meeting, farmers offer feedback.
January 21, 2004:
Dianne Reid, Tina Moon, Karen McAdams, Gail Hughes discuss the materials
developed so far, draft chart of proposed uses with permitting requirements and
working definitions. Group schedules second meeting with niche farmers and
how to proceed.
December 19, 2003:
Dianne Reid meets with Tom Altieri and Tina Moon to review outcome of
planning staff meeting and next steps.
December 15, 2003:
Planning staff discusses project and ways to link to Land Use Element update.
Craig Benedict, Robert Davis, Tom Altieri, Carla Thames, Tina Moon present.
October 8, 2003:
Tina Moon & Craig Benedict present status report to Planning Board for update
and input.
April 14, 2003,
Dianne Reid and Tina Moon review compilation of sample ordinance text from
different jurisdictions, (mainly in Virginia and Maryland). Moon to trim text, per
discussion, and arrange for future meeting with Reid, Karen McAdams, and Gail
Hughes.
March 2003:
Dianne Reid and Tina Moon review materials collected to date and discuss next
step.
January 24, 2003:
Dianne Reid and Tina Moon review project status since November meeting with
local farmers. Moon to continue researching other jurisdictions for examples of
ordinance language regarding businesses linked to agriculture.
December 23, 2002:
Craig Benedict, Dianne Reid and Tina Moon meet with Geof Gledhill to discuss
the definition of a bona fide farm.
November 13, 2002: Dianne Reid, Tina Moon, Karen McAdams, Gail Hughes discuss November
meeting with niche farmers and how to proceed. Moon to research other
jurisdictions for examples of ordinance language. McAdams and Hughes to
discuss performance standards based on intensity of farm operation.
November 6, 2002: Selected niche farmer group meets. Participants include: Clay Parker, David
McKee, Vaugh Compton, Howard McAdams, Portia McKnight, Earl Brown, Tinka
Bates, Bob Nutter; Karen McAdams, Gail Hughes, Tina Moon, Dianne Reid, Mike
Lanier. Staff describe proposal, farmers offer feedback.
November 4, 2002: Craig Benedict and Dianne Reid meet with John Link regarding ongoing problems
with inquiries to Planning for new operations that are "agricultural in character."
Agricultural Business Options Time Line — Continued
October 8, 2002: Dianne Reid, Karen McAdams, Gail Hughes, Tina Moon discuss Oct. 2 memo and
propose meeting with about 10 -12 farmers who have been successful in a
particular niche and have experience with Planning Department & process.
McAdams & Hughes to prepare list of farmers to invite.
October 2, 2002: Tina Moon prepares memo to Craig Benedict requesting permission to enlarge
scope of project. (Copy to Commissioner Jacobs.)
September 18, 2002: Agricultural Preservation Board discusses proposal.
August 21, 2002: Agricultural Preservation Board discusses proposal.
June 19, 2002: Tina Moon presents proposal to Agricultural Preservation Board for initial
feedback.
May 28, 2002: Craig Benedict presents project status report to BOCC as part of information
session.
Spring 2002: Interdepartmental Group (Cooperative Extension, Planning, EDC, Soil & Water)
has several meetings to discuss ways to offer more business opportunities for
local farmers. Mike Lanier, Agricultural Economic Developer prepares "wish list"
of new agricultural - related land uses. Planning staff develops matrix showing
existing land uses linked to agriculture and adds new uses based on "wish list."
February 6, 2002: Tina Moon sends Craig Benedict memo regarding the creation of a new bona fide
farm accessory use brochure.
Winter 2001 -2002: Karen McAdams, Gail Hughes, Tina Moon, Dianne Reid meet to discuss ways to
improve /simplify the process for farmers interested in value -added operations as
accessory uses to their farms.
Spring 2001: Planning Staff prepares initial draft(s) of brochures outlining process for allowing
accessory uses.
Winter 2000 -2001: Agricultural Summit planning committee identifies planning process as
problematic for farmers wishing to begin new farm - related operations for
additional income.