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Council notifies Fisher Family Farm of land-use concerns; asks owners to seek zoning compliance or cease non-permitted retail use

3380772 · May 15, 2025
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Summary

Council discussed a land-use violation at Fisher Family Farm where staff said an on-site gift shop and paid attractions operate in a residential zone; council directed staff to send a notice and asked the owners either to apply for a zone change to agricultural or cease the non-permitted retail activity.

Hurricane City staff told the council they had identified potential code violations at Fisher Family Farm related to agritourism and retail activity on property currently zoned residential.

Staff said the site is operating a gift shop and charging fees for a petting zoo and playground; staff described the gift shop offerings as non-agricultural retail (t-shirts, candy and similar merchandise) and said that the property’s current residential zoning does not permit the retail store use. Staff presented options and said the farm could apply for a zone change to an agricultural designation, or cease the non-permitted retail activities to come into compliance.

Council members discussed practical approaches for bringing the business into compliance. Several council members signaled they would be inclined to allow the farm to pursue a zone change to an agricultural designation (bench lake/area planning context discussed) but emphasized that approval is not guaranteed and that owners must apply. Council members generally opposed waiving the normal application fee, saying a waiver could signal the council preapproved a change. A majority expressed preference to allow the owners an opportunity to come into compliance through a formal zone-change application rather than immediate punitive enforcement.

Council directed the mayor’s office or staff to call the owners and send a notice documenting the violation and options for compliance, and to inform the owners the council will expect either cessation of the non-permitted use or a zone change application. No formal zoning decision or fee waiver was granted during the meeting.

Ending

Staff will send the informational notice to Fisher Family Farm and will proceed with standard code-enforcement steps if the owners do not pursue the path the council outlined.