§ 16-24. Events and activities at agricultural operations. (Revised 6/23/15)
Each event or activity at an agricultural operation authorized below shall be subject to the following, as applicable:
16-24-1 Uses permitted. The following events, activities, and structures are permitted by right, permitted by right with approval of a zoning certification, or by special use permit as set forth in Table C, provided that these events, activities, and structures are individually and in the aggregate subordinate to the agricultural operation, and subject to the applicable requirements of this section. This section does not apply to the agricultural operation itself, to any farm winery subject to [section] 16-21 or to any farm brewery subject to [section] 16-23.
Table C By right By right with Zoning Certification 2 Special Use Permit 3 Agricultural
Operations Events and Activity 1Harvest-your-own activities;
Agritourism, events or retail sales generating less than or equal to 200 vehicle trips/ day & occurring on sites greater than or equal to 10 acres in size 4 ;
Less than or equal to 24 farm tours/year with less than or equal to 400 attendees at any time;
Less than or equal to 24 educational programs, workshops or demonstrations related to agriculture or silviculture with less than or equal to 400 attendees at any time;
Structures for farm sales less than or equal to 4,000 square feetOutdoor amplified music
Agritourism, events or retail sales generating either greater than 200 vehicle trips/day or occurring on sites less than 10 acres in size 4 ;
Greater than 24 farm tours per year or farm tours with less than 400 attendees at any time
Greater than 24 educational programs, workshops or demonstrations related to agriculture or silviculture with less than or equal to 400 attendees at any timeStructures for farm sales greater than 4,000 square feet;
Events or activities with greater than 400 attendees at any time1. If two or more events or activities categorized as "agritourism" or "other events or activities" are being, or will be, conducted on-site simultaneously for any duration, the number of visitor VTPD and the number of attendees shall each be aggregated, and the requirements of the more restricted event or activity shall apply. For the purposes of this provision, an event or activity requiring a special use permit is more restricted than an event or activity permitted by right, either with or without a zoning certification, and an event or activity permitted by right with a zoning certification is more restricted than an event or activity permitted by right.
2. The zoning certification shall be obtained under section 16-1 and shall include the matters in subsection 1.
3. The special use permit shall be obtained under [section] 16-2 and, in addition to the requirements of that section.
4. The area requirement may be one or more abutting parcels under the same ownership which the agricultural operation and event or activity is located.
16-24-2 Zoning certification. In reviewing a request for approval of a zoning certification, the zoning administrator's review shall include verifying that the proposed event or activity complies with the applicable minimum setback standards, Virginia Department of Transportation entrance standards, Virginia Department of Health standards, and shall ensure that on-site travelways can accommodate emergency vehicles, adequate on-site parking is provided in a location that complies with this chapter, and that all improvements comply with the applicable requirements in article 16.
16-24-3 Special use permit. Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special use permit under article 16, each application for one or more event or activity ("use") for which a special use permit is required under subsection (d) shall include the following:
(1)
Information. Information pertaining to the following: (i) the proposed uses; (ii) the maximum number of persons who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on-site parking; (v) the location, height, and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other place where music will be performed.
(2)
Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning, depicting: (i) all structures that would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage, and minimum setbacks will be provided in compliance with this chapter; and (iii) how potential adverse impacts to abutting lots will be mitigated so they are not substantial.
16-24-4 Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following:
(1)
Zoning certification. Each agricultural operation shall obtain approval of a zoning certification under [section] 16-1 prior to generating any outdoor amplified music at the agricultural operation.
(2)
Sound amplification shall be limited in the time range of 10:00 a.m. to 10:00 p.m. EST.
16-24-5 Setbacks and separation from dwelling units. Notwithstanding any other provision of this chapter, the following minimum front, side, and rear setback requirements shall apply to any event or activity:
(1)
Structures used for sales. The minimum setbacks for structures used for the sale of agricultural or silvicultural products shall be as follows:
(2)
New permanent structures and temporary structures. The minimum front, side, and rear setbacks required for any new permanent structure or temporary structure shall in accordance to the primary use setbacks for each applicable zoning district. The minimum required setback may be reduced by an administrative variance upon consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.
(3)
Existing permanent structures. If an existing permanent structure does not satisfy any minimum setback requirement under subsection (h)(1)(a), the minimum setback required shall be the distance between the existing permanent structure and the street, road, access easement, or lot line on the approval of this ordinance, and that distance shall not be thereafter reduced. An enlargement or expansion of the structure shall be no closer to a street, road, access easement or lot line than the existing structure.
(4)
Outdoor event and activity areas. The minimum front, side, and rear setbacks for outdoor event and activity areas shall be 75 feet. In addition, outdoor event and activity areas shall be a minimum of 125 feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation. These minimum standards shall not apply to any portion of the agricultural operation that is engaged in production agriculture or silviculture, even though it also is used for an agritourism activity.
(5)
Parking areas and portable toilets. The minimum front, side, and rear setbacks for parking areas and portable toilets shall be 75 feet. In addition, parking areas and portable toilets shall be a minimum of 125 feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation.
16-24-6 Prohibited. The following uses are prohibited:
(1)
Restaurants.
(2)
Helicopter rides.
(Ord. of 6-12-18 )
(Ord. of 6-12-18 )