Lake Norman farmers market loses appeal of zoning infraction fines; future uncertain
Owners of a popular Mooresville farmers market lost their appeal to avoid paying fines owed to the town for operating in violation of its zoning laws.
The Mooresville Board of Adjustment voted 4-1 to deny the appeal from Josh’s Farmers Market during a meeting on Tuesday, but amended the amount owed from $1,500 to $200.
The market, originally located beside Lowe’s YMCA on Joe Knox Road, was forced to close in November, The Charlotte Observer previously reported.
Whether it can continue to operate at that location in the future is still to be decided.
Mooresville slapped ongoing daily fines on the YMCA because the town considered Josh’s Farmers Market to be a “full-time retail establishment,” not an “outdoor seasonal sales market,” town officials said in a news release posted on Facebook, NextDoor and other platforms.
Josh’s was operating under a temporary 12-month permit, which expired on March 3, board chairman James Rupp Jr. said during the meeting. The business was issued a temporary 120-day permit on April 1, which expired on July 31.
After the 120-day permit expired, the business continued to operate without a valid license, Rupp said, adding that the owners did so in violation of the town’s unified development ordinance.
An attorney for Josh’s argued that the language in the UDO that defines the difference between retail and seasonal businesses is ambiguous, and suggested the farmers market be allowed to operate at the YMCA until it can find a permanent location.
“I don’t think what we want, or what the board should want, is for the town to be able to play ‘hide the ball’ with local businesses and individuals that are just trying to get by and earn a living,” the attorney said. “I don’t think that’s what we should be looking for.”
Though he voted to deny the appeal, Rupp expressed his support for the farmers market, which has been active in the Mooresville community for more than three decades.
“Although counsel did raise a lot of issues, I think the vast majority would like to see this continue,” Rupp said, referring to the farmers market. “I think virtually everyone would love to see it continue.”
Owner Josh Graham told WCNC that he plans to appeal the decision to Iredell County Superior Court, and hopes to build a permanent location of his farmers market at the YMCA.
“We’ve got an engineering firm out of Charlotte and they’ve agreed to expedite as much as possible,” Graham told the TV station. “We actually met with them on Sunday. And the Y is working to get all their red tape in line to make it happen.”
Charlotte Observer reporter Joe Marusak contributed to this story.
