Friday, February 14, 2025

Bona fide farm amendment gets OK from planning commission amid battle of interpretations

Adam Sosne, owner of Canterbury Stables, is requesting the City of Wilmington change its land code to allow the stable to classify as a bona fide farm, exempting it from zoning regulations. (Google Maps)

WILMINGTON — Bona fide farms, or agricultural land legally exempt from county zoning regulations, could be permitted in Wilmington city limits per the planning commission’s Wednesday vote. 

READ MORE: Could bona fide farms be allowed in city limits? Planning board considers it

Wilmington planning commissioners approved a request from Adam Sosne, Wilmington developer and part-owner of Canterbury Stables, to change the city’s land code. The proposed amendment would allow bona fide farm recognition for agricultural properties over 10 acres, exempting the land from zoning regulations, tree removal permits, and temporary use and event permits.

If passed as presented city staff, the ordinance would have applied to any property of 10 acres — current and future. Almost all of the properties that would qualify now are government-owned or cemeteries, though someone could have pooled 10 acres of land together for an agricultural use. 

The commission didn’t like the potential of properties to be combined, though, and stipulated the amendment would only apply to current 10-acre properties. It would include two properties — Canterbury Stables off Wrightsville Avenue and Oak Pointe Stables on Airlie Road.

Commissioners Ron Woodruff and Jack Pollock were the dissenting voices in the 4-2 vote (Commissioner Winslow Goins was absent). The amendment will now head to the Wilmington City Council.

The path to passage, however, was nothing short of arduous.

Bona fide farms are traditional agricultural ventures, raising crops and livestock, as well as agritourism, including hosting weddings, educational events or festivals. County governments cannot subject bona fide firms, which gain certification from the state, to zoning regulations per North Carolina law. 

Municipalities, often more densely populated than rural county areas, can regulate agriculture as they so choose. Like many cities, Wilmington does not recognize bona fide farms. 

The planning commission first reviewed Sosne’s application in December, but chose to continue it to the next meeting to examine “guardrails” on how the farm would affect surrounding neighbors. 

When it returned to the commission on Wednesday, no changes had been made.

Amy Schaefer, a Lee Kaess lawyer representing Sosne, explained she and city planning staff met before the commission’s meeting, but remained at an impasse over what’s allowable on the property. The disagreement between planning staff and the applicant had to be explained to the commission multiple times Wednesday. 

It basically comes down to this: Staff believe the farm, under the current land code, is a nonconforming use, though allowed to continue because Canterbury Stables has been in existence since 1969, before it was annexed into the city. Schaefer and Sosne maintain the property is conforming, as agricultural use is allowed under the land code for two reasons. 

First, a section of the land code says no one can make changes to any building or land, “except the use of land for agricultural purposes,” until a zoning permit has been issued. The horse stable, plus the events it holds on the property, fall under the state’s definition of agriculture.

Second, the land code lists conforming uses under each zoning district. Per court ruling, Schaefer told the commission, if a property’s use is not listed nor similar to an approved use, the property’s operations should be considered permissible. 

City staff claim the stable falls under the definition of an urban farm and is thus subject to those uses. Schaefer does not agree with that classification and claims the property’s operations are not a listed use in any zoning district.

The proposed bona fide farm amendment would clear up the confusion. City staff and Schaefer agree on that point.

Schaefer has been working with staff on clarifying the land code since 2022, when Sosne bought the property and was subsequently fined for removing trees, albeit dead ones. Sosne thought he had the right to do so; the property has a bona fide farm certification and the land code seems to exempt him from permitting requirements. 

During his takeover of the property, Sosne invested in many upgrades, including improving the properties structures and fences, removing waste from nearby water sources, and reconstructing a dried-up well — all of which would need to undergo permitting in the city’s view.

“If each and every time he has to do that he has to come through the city for a permit for clearing and grading or for moving dirt around, it just doesn’t make sense,” Scafer said at the meeting.

Schaefer’s point touches on why bona fide farm exemptions exist — to promote the state’s agriculture industry by removing bureaucratic red tape that would slow down the process. 

It’s important to note, farms do not have a free pass. They must abide by stormwater and environmental regulations, noise ordinances or parking rules, nor can they be exempt from zoning regulations for uses that do not pertain to agriculture.

Agritourism, however, falls under the state’s definition of agriculture, and is therefore exempt from zoning standards under bona fide farm rules. 

Canterbury Stables engages in plenty of agritourism events, more than 100 in the last year, Sosne told commissioners. The events include kid’s birthday parties, educational events in partnership with UNCW or other charities, or equine events. 

Under the city’s classification of the property, a temporary use permit is needed for these events. Because the property is zoned residential, the city cannot issue such a permit, meaning the property would face fines for hosting the event if the land code isn’t changed.

Two of the property’s events, however, have drawn concerns from residents and commissioners. Sosne said the property has hosted one wedding, with a live band, and a Kentucky Derby party. Both functions have generated noise complaints, though the Wilmington Police Department did not issue fines.

On Wednesday, two residents spoke in favor of the amendment and Sosne’s stewardship of the property. They said the farm generated noise but not an outrageous level.

“It’s not construction,” resident Lisa Pridgen said. “It’s not the building of apartments. It’s not the building of condos. It’s a farm. It was a farm in 1969. It was a farm in 1973 when I started taking private lessons. It is a farm today, a family farm today.” 

Sosne, as developer at McAdams Homes and MFH Construction, did tell the board he considered putting apartment homes on the property, as would be allowed by-right because the property is residentially zoned. Despite that option being the most lucrative, Sosne said it was important to him to preserve the farm, but it needed the revenue from events and programs.

Land development consultant Cindee Wolf, on behalf of several nearby residents, argued the applicant should work with the city on amending allowable uses under the urban farm zoning. 

Wolf claimed permitting the property to take advantage of the bona fide farm exemptions would be incompatible with surrounding neighbors. Although the farm was established before the residential developments around it, agritourism — weddings, festivals, events — wasn’t added to the state’s agriculture definition until 2017.

“Expansion of their use with no controls would be a calamity,” Wolf said.

Commissioner John Lennon stated the noise and head count implications that accompany large events worried the planning commission, not necessarily the permitting for structural upgrades, educational programs or charity work that occur on the property.

Sosne would still need to abide by the city’s noise ordinance; with the amendment, he could apply with the WPD to exceed the allowable decibel level by 10. Commissioner Jack Pollock asked Schaefer what would prevent the property owner from treating noise violations — $200 maximum — as nothing more than the cost of doing business.

“Nothing,” Schaefer said. “I mean, eventually, the monetary would add up. Eventually, the stables would get a bad reputation.”

Later in the meeting, Sosne stressed he was committed to doing what was best for the property and surrounding community. 

Planning commission chair J.C. Lyle, who was not present during December’s discussion, was concerned about protecting the environmental resources on the property, including trees and water sources. If the property were sold to a different owner, Lyle noted the bona fide farm exemption would allow them to clear cut trees for development.

Staff explained the property owner would still need to abide by conservation easements on the property and any state environmental safety requirements. They also noted if the farm were to cease agricultural use for more than 180 days, the bona fide farm exemptions would no longer apply.

The city does not have to adopt the state’s bona fide farm exemptions in their entirety however. Only counties are mandated to do so, which means the city could require permits for certain items (large events, tree removal) and not others (tearing down a building, moving a well).

Commissioners Ron Woodruff suggested this path, asking Sosne if he would be amenable to some permitting requirements. Sosne said he was open, but the city had not presented it as an option.

Commissioner Ace Coffer also floated the idea of putting the property’s bona fide farm status in jeopardy if Sosne gets so many noise violations over a certain time period.

However, the only provision added to the amendment was its application only to current 10-acre properties.

In their dissent, Pollock and Woodruff cited the lack of desired guardrails in the amendment as their reason to deny approval.

Lennon said he had come full circle in his support of the amendment, stating it was in Sosne’s best interest to be responsible in hosting events. 

“What are they going to do, invite AC/DC to play every weekend?” Lennon said. “They’d be out of business in about two weeks.” 

Commissioner Danny Adams expressed similar sentiments, stating he hoped common sense would prevail.

“If staff doesn’t put further guidelines around metrics or guardrails, whatever we want to call them, that you’ll work more closely with your neighbors and have a level of dialogue so that there can be some common understanding about operationally what is acceptable,” Adams said.


Reach out to Brenna Flanagan at brenna@localdailymedia.com.

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