The purpose of the AG-1 and AG-2 Agricultural Districts is to protect and preserve agricultural lands for agricultural functions, including agritourism and the direct sale of agricultural and agricultural-related products to the public, and to protect and preserve agricultural lands and activities in the rural areas of the city in harmony with reasonable levels of rural residential development and in keeping with the special rural character, environmental protection needs and limited rural infrastructure available.

(Ord. No. 2041, 3-5-91; Ord. No. 3354, 6-17-14)

(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.

(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; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21; Ord. No. 3707, 8-16-22)

The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for minimum lot area, width, yard spacing, and height regulations for single-family dwellings. Note, however, that minimum lot area, as stated in section 402(a)(1), shall not be used to calculate density allowance. Allowable density shall be determined in accordance with section 402(b).

(a)

For single-family dwellings:

(a1)

The maximum height for single-family dwellings in subdivisions of ten (10) or more lots created after the date of adoption of this subsection, or for single-family dwellings having side and rear yard setbacks at least five (5) feet greater than required, shall be forty-two (42) feet.

(b)

Residential density. The allowable density on each tract of land as existing on the effective date of this ordinance [June 28, 1994] shall be one (1) dwelling unit for each fifteen (15) acres of land as described in the comprehensive plan as soil area #1 and soil area #2. Nothing herein shall be construed as prohibiting the use by right of a lot lawfully created on or prior to the effective date of this ordinance for the purpose of constructing one (1) single-family dwelling, provided that such lot shall be connected to the public sewerage system or meet the requirements of the 1982 Onsite Sewer Regulations established by the Virginia Health Department. Such dwellings must comply with the current Health Departments regulations, and section 5B.5(b) and section 5B.5(d) of the Site Plan Ordinance. Additionally, any lot fifteen (15) acres or larger meeting the requirements of section 200(a) of this ordinance lawfully created on or prior to the effective date of this ordinance may be subdivided of right into a total of two (2) building sites provided that each lot satisfies all state and local development regulations.

The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for minimum lot area, width, yard spacing, maximum lot coverage and height regulations for uses and structures other than dwellings.

(c)

For uses other than dwellings:

(Ord. No. 2041, 3-5-91; Ord. No. 2282, 6-28-94; Ord. No. 2371, 2-13-96; Ord. No. 2669, 10-23-01; Ord. No. 2767, 6-10-03; Ord. No. 3572, 11-20-18)

Editor's note— The addition of subsection (b) by Ord. No. 2282 implicitly redesignated former subsection (b) as (c).

_____

Signs within the AG-1 and AG-2 Agricultural Districts shall be permitted as follows:

(a)

Except as may be permitted by the conditional use permit authorizing a specific use, one sign not greater than sixteen (16) square feet in area at each principal entrance or frontage of any use shall be permitted, except for religious uses, for which the maximum area per sign shall be thirty-two (32) square feet.

(b)

A maximum of four (4) signs located on property for sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in area, and that not more than one such sign shall be erected for each one hundred (100) feet of lot line adjoining a public street. Any property having less lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of surface area.

(c)

Signs displayed on any farm or ranch engaged in the production, cultivation, growing, harvesting or processing of agricultural products, or the raising or keeping of livestock; provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than one (1) such sign shall be erected for each five hundred (500) feet of lot line adjoining a public street, and that such signs not be displayed for more than six (6) months in any calendar year.

(Ord. No. 2041, 3-5-91; Ord. No. 3000, 9-25-07; Ord. No. 3442, 4-19-16)

Parking shall be required for all uses and structures permitted in the AG-1 and AG-2 Agricultural Districts in accordance with section 203.

(Ord. No. 2041, 3-5-91)

Except as provided in section 1806, as an alternative to the residential development permitted by right in the agricultural districts, the city council may grant a conditional use permit to allow residential development at a density greater than that which is permitted by right. The following regulations shall apply to residential development outside of the Interfacility Traffic Area in the AG-1 and AG-2 Agricultural Districts pursuant to this section:

(a)

Council may attach conditions to the use permit governing the number of residential lots allowed on the tract. In so doing, council shall apply the following development criteria that are consistent with the adopted provisions of the comprehensive plan:

(1)

On land that is nearly level well-drained or moderately well-drained soils, as described in the comprehensive plan, technical report as soil area #1, with a seasonal high-water table from one and five-tenths (1.5) feet below grade as determined by the Virginia Department of Health and meeting the density allowances in section 200(a) of this ordinance, the maximum density shall be one (1) dwelling unit for each five (5) acres of land.

(2)

On land that is nearly level with somewhat poorly, poorly, or very poorly drained soils, as described in the comprehensive plan, technical report as soil area #2, with a seasonal high-water table ranging from zero (0) to one and five-tenths (1.5) feet below grade as determined by the Virginia Department of Health which occurs at or above an elevation of five and five-tenths (5.5) feet, based on National Geodetic Vertical Datum (NGVD) of 1929 ('72 ADJ), and meeting the density allowances in section 200(a) of this ordinance, the maximum density shall be one (1) dwelling unit for each ten (10) acres of land.

(3)

Evaluation of the soils of a parcel for the purpose of determining the density shall be conducted by a certified soil scientist with confirmation of the results provided by the director of agriculture.

(4)

Development proposals shall be in substantial conformance with all applicable provisions of the plan's rural residential development guidelines.

(5)

The annual rate of development shall be restricted so as to minimize burdens placed upon the rural public infrastructure.

(6)

On land with soil compositions as described in section 405(a)(2) and which is less than five and one-half (5.5) feet above mean sea level (MSL), there shall be no development and no density credit shall be allowed.

(7)

The density of development may be reduced below the maximum densities specified in sections 405(a)(1) and (2) if, in the council's determination, the proposed development may present an undue adverse impact on agricultural operations or if the location of the property and its proximity to public infrastructure and services is not suitable for such maximum densities.

(8)

A flag lot may be created, in accordance with the chart below, in which the lot is connected to a public street with road frontage having a minimum width of twenty (20) feet and in which all other relevant requirements of the subdivision regulations and zoning ordinance are met. The following chart provides the maximum number of lots which may be created in such manner as part of a subdivision of lots from an existing parcel:

In no case shall more than four (4) such lots be created.

(9)

For residential subdivisions of twenty-five (25) lots or less, there shall be no more than two (2) access points on the existing public road system, including driveways and new roadways; and for subdivisions of over twenty-five (25) lots, there shall be no more than three (3) such access points.

(Ord. No. 2041, 3-5-91; Ord. No. 2221, 5-11-93; Ord. No. 2282, 6-28-94; Ord. No. 2415, 8-13-96; Ord. No. 2669, 10-23-01; Ord. No. 3006, 1-8-08)