108-21-10 Findings for Approval

Approval of an agritourism application may be granted where the Land Use Authority finds that: (a) the subject property qualifies as an Agritourism-Eligible Agricultural Operation under this section; (b) the proposed agritourism activity maintains a Meaningful Agricultural Nexus to the underlying agricultural operation; (c) the scale, frequency, and intensity of the proposed use are compatible with the agricultural character of the property and surrounding area; (c)(1) In evaluating the appropriateness of agritourism intensity, the Land Use Authority may consider parcel size, surrounding land use pattern, buffering, infrastructure capacity, agricultural productivity, and the overall ability of the site to accommodate visitor activity without materially altering the agricultural character of the area or negatively affecting neighboring properties with activities beyond the scope of normal agricultural practices (d) anticipated impacts relating to traffic, parking, noise, lighting / dark sky compliance, sanitation, water use, septic demand, emergency access, and neighboring properties can be adequately accommodated or mitigated through conditions of approval; and (e) the proposed agritourism activity does not materially convert the property into a lodging, event, or commercial use where the agricultural operation no longer remains a defining component of the property’s overall use and identity.