§ 4. Definitions.

(a)

Accessory use means a use which is clearly incidental to, and customarily found in connection with, the principal use of the same parcel or group of contiguous parcels under common ownership and operated as an agricultural enterprise.

(b)

Agricultural land preservation easement or preservation easement means a nonpossessory interest in land, perpetual in duration, pursuant to which the exercise of development rights on the subject property is restricted in accordance with the provisions of such easement.

(c)

Agricultural support service means a commercial operation upon which the agricultural industry generally depends. The term includes, but is not limited to, suppliers of fertilizer, seed and plant protection products, equipment dealers and large-scale buyers of farm products.

(d)

Agricultural use means the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products; the raising of livestock and poultry; and the production and harvest of products from horticultural, silvicultural or aquacultural activity. The term also includes (i) the repair, expansion or replacement of no more than one bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the agricultural reserve program and no more than one freestanding mobile home, as permitted by section 19-19 of the City Code; (ii) uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products and agricultural-related products as permitted by section 401 (a) of the City Zoning Ordinance, dog kennels, riding academies, horses for hire or boarding of horses and incidental sales of tack, riding apparel and similar items as allowed by Section 401(a) of the City Zoning Ordinance; (iii) agritourism activities allowed in accordance with section 401(a) of the City Zoning Ordinance; and (iv) septic tanks and drainfields approved by the health department and which cannot be located within an area not encumbered by an agricultural land preservation easement. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use.

(e)

Animal unit, as used in the farmland ranking system, means a unit of measurement equal to one thousand (1,000) pounds of live body weight of livestock.

(f)

Batch means a grouping of contiguous parcels for purposes of making application for the sale of development rights.

(g)

City attorney means the city attorney or his designee.

(h)

City manager means the city manager or his designee.

(i)

Commission means the agricultural advisory commission.

(j)

Development right means the right to develop property for any use other than an agricultural use. The term includes, but is not limited to, the right to develop property for any commercial, industrial or residential use except as expressly permitted by this Ordinance.

(k)

Director means the director of the department of agriculture or his designee.

(l)

Farmland ranking system or system means the formula by which applications for the sale of development rights are ranked in order of priority of acquisition of such rights.

(m)

High-value crops means crops which require intensive management and greater than normal inputs. Examples include, but are not limited to, strawberries, blackberries, sweet corn, sweet potatoes, tomatoes, lima beans, green beans, pumpkins, watermelons, cantaloupes and Christmas trees.

(n)

Landowner means the equitable owner of the fee simple title to a parcel of land or, with respect to a parcel not encumbered by a deed of trust or mortgage, the legal owner of such title. Where more than one person or entity is the legal or equitable owner, the term refers to all such persons jointly.

(o)

Parcel means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the City of Virginia Beach.

(p)

Program means the agricultural reserve program established by this Ordinance.

(q)

Significant timber harvest means a merchantable harvest for the commercial market. The term does not include minor harvests for such things as firewood, poles, posts, blind material or greenery.

(Ord. No. 2585, 6-6-00; Ord. No. 2825, 6-1-04; Ord. No. 3332, 2-25-14; Ord. No. 3356, 6-17-14)

(Ord. No. 2585, 6-6-00; Ord. No. 2825, 6-1-04; Ord. No. 3332, 2-25-14; Ord. No. 3356, 6-17-14)