§ 401. Use regulations.

Latest version.

(a)

Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted.

Use	AG-1	AG-2
Agricultural, aquacultural and horticultural operations, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees	P	P
Agricultural product sales, and sales of agricultural-related products, at buildings or structures no larger than 3,500 square feet in area, exclusive of rest rooms and hand-washing facilities, subject to the provisions of subsection (d)	P	P
Agricultural product sales, and sales of agricultural-related products at buildings or structures larger than 3,500 square feet in area, exclusive of rest rooms and hand-washing facilities, subject to the provisions of subsection (d)	C	C
Agritourism activities meeting the requirements of subsection (c)	P	P
Agritourism activities other than those meeting the requirements of subsection (c) and held no more than three (3) times per year, subject to the issuance of a Special Events Permit pursuant to City Code section 4-1	P	P
Agritourism activities other than those meeting the requirements of subsection (c) and held more than three (3) times per year	C	C
Airports, heliports and helistops	C	C
Animal hospitals, pounds, shelters, commercial and residential kennels	C	C
Antique shops, except as provided below	X	X
Antique shops within buildings listed on the Virginia Beach Historical Register	C	C
Assembly uses	C	C
Borrow pit	C	C
Building-mounted antennas meeting the requirements of section 207	P	P
Building-mounted antennas other than those meeting the requirements of section 207	C	C
Cemetery, columbarium, crematory and mausoleum	C	C
Child care education centers in connection with public or private elementary schools or religious uses	P	P
Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not operated by a public agency	C	C
Columbarium located in cemetery	P	P
Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207	P	P
Communication towers other than those meeting the requirements of section 232(j) and temporary communication towers other than those meeting the requirements of section 207	C	C
Country inns	C	C
Drive-in theaters	C	C
Dwelling, single-family addition	P	P
Dwellings, duplex	X	X
Dwellings, single-family, except as specified in section 405(a)	P	P
Dwellings, single-family, in accordance with section 405(a)	C	C
Dwelling units, not to exceed one (1), located within livestock barns, to be occupied only by farm employees or persons related to the owner of the property by blood, marriage, adoption or approved foster care	P	P
Family care homes, foster homes or group homes	C	C
Farm wineries, farm breweries and farm distilleries, subject to the provisions of section 209.1	P	P
Fiber-optics transmission facilities	C	C
Firewood preparation facility	C	C
Fish hatcheries and fish ponds	P	P
Flex suites, subject to the provisions of section 507	P	P
Forests and forestry	P	P
Fraternity and sorority houses, student dormitories and student centers; provided that they be located within a one-mile radius of a college or university	C	C
Game preserves	P	P
Golf courses, including par 3 with a minimum area of 10 acres, and miniature golf courses	C	C
Home-based wildlife rehabilitation facilities	P	P
Home occupations, including those conducted outside the principal structures	C	C
Home sharing meeting the requirements of section 209.6	P	P
Hospitals and sanitariums	C	C
Marinas, noncommercial and community boat docks	C	C
Maternity homes	C	C
Mulch processing facilities, subject to the provisions of section 239.02	C	C
Mulch storage on lots at least five (5) acres in area on which an active farming operation is conducted, provided that no more than five hundred (500) cubic yards shall be stored at one time; no retail sales to the general public shall be conducted; no processing shall occur on the site; and no sign associated with such activity shall be allowed	P	P
Museums and art galleries when not operated by a public agency	C	C
Personal watercraft rentals	C	C
Private schools having curriculums similar to public schools	C	C
Private sewage treatment facilities	C	C
Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or religious uses	P	P
Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses	P	P
Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings	P	P
Public utility transformer stations and major transmission lines and towers (50,000 volts or more)	C	C
Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council	C	C
Recreation facilities other than those of an outdoor nature	C	C
Recreational and amusement activities, as specified in and subject to the provisions of subsection (c)	P	P
Recreational campgrounds	C	C
Recreational resort community	C	C
Religious uses	C	C
Repair of agricultural equipment	C	C
Residential care for seniors, provided that no more than two (2) employees including a bona fide resident of the dwelling shall be permitted	P	P
Retail sales of garden supplies, equipment, and material, as a subsidiary use to a plant nursery, provided that the sales are enclosed and limited to a maximum floor area of five hundred (500) square feet	C	C
Riding academies and horses for hire or boarding, including incidental sales of tack, riding apparel and similar items used in the principal activity, limited to one hundred fifty (150) square feet of floor area within an existing barn used in conjunction with the principal activity; provided that not more than three (3) riding animals shall be kept for each acre of land within the site and that all buildings housing animals, and all corrals in which animals are kept or assembled in concentrated groups, shall be at least one hundred (100) feet from any property line.	P	P
Shelter for farm employees	C	C
Short term rental	C	C
Short term rental within the Sandbridge Special Service District*	P	P
Short term rental within a STR Overlay District	P	P
Small wireless facilities meeting the requirements of section 207	P	P
Small wireless facilities not placed on existing structures	C	C
Storage and maintenance installations for public utilities	C	C
Television or other broadcasting stations	C	C
Wells, water reservoirs, and water control structures	P	P
Wildlife rehabilitation centers	C	C
Wind energy conversion systems, freestanding, except as provided below	P	P
Wind energy conversion systems, freestanding, in excess of one (1)	C	C
Wind energy conversion systems, roof-mounted, except as provided below	P	P
Wind energy conversion systems, roof-mounted, in excess of one (1)	C	C
*Sandbridge Special Service District defined in City Code section 35.1-3.

(b)

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to, an accessory activity operated for profit in a residential dwelling unit where (i) there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated sign not more than one (1) square foot in area mounted flat against the residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (iii) the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; (iv) such activity is conducted only in the principal structure on the lot; (v) there are no sales to the general public of products or merchandise from the home, except for agricultural products, or agricultural-related products, incidental to an agricultural operation on which the dwelling unit is located; and (vi) the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. Notwithstanding the provisions of clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons authorized by law to perform the rites of marriage may permit a maximum of eight (8) persons on the premises at any one time in connection with the performance of such rites, provided that all other requirements of subdivision (b)(2) are met. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Agritourism activities. Agritourism activities at which no more than two hundred fifty (250) persons, exclusive of residents of the property and employees at the activity, are in attendance at any one time shall be allowed as principal uses under the following conditions; provided, however, that activities involving the planting or harvesting of agricultural products shall not be subject to any limitation of the number of persons in attendance:

(1)

Such activities, including all vehicular parking, shall be held on the property of an active agricultural operation, where such agricultural operation is the principal use of the property;

(2)

Vehicular parking shall not be allowed on any public street, or within one hundred (100) feet of any residence, except a residence located on the site of the activity. There shall be a designated vehicular parking area of sufficient area to accommodate the anticipated number of motor vehicles on the site at such events;

(3)

Such activities shall be carried on only between the hours of 7:00 a.m. and sunset;

(4)

Signs shall be nonilluminated and limited to one sign not exceeding sixteen (16) square feet in area;

(5)

No outdoor amplified music shall be permitted within five hundred (500) feet of any residence, except a residence located on the site of the activity, and no such music shall be permitted at any time before 10:00 a.m.

In the event any provision of this subsection conflicts or is otherwise inconsistent with any other provision of this ordinance, the provisions of this subsection shall control; provided, however, that no use otherwise permitted hereunder which constitutes, or requires the excavation of, a borrow pit, as defined in section 111, shall be allowed except by conditional use permit.

(d)

Sales of agricultural products and agricultural-related products. The sale of agricultural products or agriculture-related products, other than as allowed by subsection (b), shall be subject to the following restrictions:

(1)

Such sales shall be conducted upon, and as an integral part of, an active agricultural operation owned or operated by the same person or entity conducting such sales; and

(2)

No farm stand or other building or structure in which merchandise is offered for sale to the general public shall be: (i) greater than twelve (12) feet in height, as measured from ground level to eaves, (ii) located within fifty (50) feet of the property line abutting any street, or (iii) open for business except between 7:00 a.m. and 8:00 p.m.

(e)

Definitions. The following terms shall be defined as set forth herein:

(1)

"Agricultural operation" means any operation devoted to the bona fide production of crops, animals, or fowl, including the production of fruits and vegetables of all kinds, meat, dairy, and poultry products, nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural or aquacultural activity, but does not include the processing of agricultural products or the above-ground application of sewage sludge.

(2)

"Agricultural product" means any produce, livestock, poultry, aquacultural, horticultural, floricultural, viticultural, silvicultural, or other farm crops.

(3)

"Agricultural-related product" means any product that is produced as an incident of an agricultural operation. The term includes honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs, breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand-crafted items having an agricultural theme, and similar items. In addition, bottled water, soda and items of apparel displaying exclusively the name of the farm stand or other identifying information concerning the owner or operator of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment,

(4)

"Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, equestrian events, or natural activities and attractions.

An activity shall not be deemed an agritourism activity solely by reason of its taking place on a farm or ranch. "Agritourism activity" does not include the following types of activity, among others not specifically listed, but such activities may be allowed with a conditional use permit for outdoor recreation or amusement or as a special event as defined in section 4-1 of the City Code: (i) activities involving motor vehicle competitions or other activities involving the use of motor vehicles, other than farm vehicles; or (ii) the rental of a farm or ranch, or portion thereof, for events such as weddings, wedding receptions, parties, retreats, and other activities on a regular basis, unless such events themselves consist primarily of participation in an agritourism activity.

(5)

"Farm" or "ranch" means one (1) or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products, or the raising or keeping of livestock.

(f)

Special restrictions in Accident Potential Zone 1 (APZ-1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of section 1804; provided, however, that any use or structure not designated as compatible shall be permitted as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure.

(Ord. No. 2041, 3-5-91; Ord. No. 2118, 3-24-92; Ord. No. 2221, 5-11-93; Ord. No. 2282, 6-28-94; Ord. No. 2268, 6-14-94; Ord. No. 2427, 10-29-96; Ord. No. 2459, 10-28-97; Ord. No. 2461, 10-28-97; Ord. No. 2495, 6-23-98; Ord. No. 2505, 9-8-98; Ord. No. 2513, 10-27-98; Ord. No. 2566, 11-23-99; Ord. No. 2582, 5-23-00; Ord. No. 2627, 4-24-01; Ord. No. 2704, 6-25-02; Ord. No. 2788, 10-7-03; Ord. No. 2883, 6-14-05; Ord. No. 2907, 12-20-05; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3115, 2-9-10; Ord. No. 3167, 4-26-11; Ord. No. 3323, 1-14-14; Ord. No. 3331, 2-25-14; Ord. No. 3354, 6-17-14; Ord. No. 3366, 8-19-14; Ord. No. 3390, 1-6-15; Ord. No. 3403, 4-21-15; Ord. No. 3423, 7-7-15; Ord. No. 3442, 4-19-16; Ord. No. 3468, 12-6-16; Ord. No. 3477, 12-13-16; Ord. No. 3514, 7-11-17; Ord. No. 3578, 1-15-19)

                    
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