108-21-11 Basis for Denial or Conditioning

The Land Use Authority may deny, limit, phase, or condition an agritourism proposal upon finding one or more of the following: (a) insufficient evidence that the property functions as an actively managed agricultural operation; (b) insufficient evidence of a Meaningful Agricultural Nexus between the agricultural use and the proposed visitor-serving activity; (c) cumulative impacts that cannot be reasonably mitigated through conditions related to traffic, parking, hours, sanitation, emergency access, infrastructure, or neighborhood compatibility; (d) keeping of animals that have no defined agricultural purpose or proper management. (e) failure to manage animal health or associated land resources in accordance with generally accepted agricultural practices; (f) evidence that the scale or arrangement of the proposal functions primarily as a hospitality, event, or speculative commercial development rather than as an accessory agricultural use; or (g) evidence that the agritourism proposal would materially diminish the property’s ongoing agricultural function such that agriculture would no longer remain the primary land use as determined by section 10 findings for approval.