§ 4-2A003. Agritourism activities.

A.

The following criteria must be met in order for agritourism activities to be a permitted use on a property:

1.

The principal use of the property must be agriculture as defined by the ordinance;

2.

Land used for agricultural use must consist of a minimum of five (5) unimproved, contiguous acres and must be utilized for the bona fide production of for sale crops, fruits, vegetables, ornamental plants and/or livestock;

3.

To qualify as agricultural use, the applicant shall certify that the real estate is being used in a planned program of management, production, and sale of field crops, livestock, livestock products, poultry, poultry products, dairy, dairy products, aquacultural products, or horticultural products.

4.

Horses can qualify the land only if they are being used for a breeding or boarding business. Agritourism activities are not permitted on property where horses are maintained exclusively for recreational purposes.

5.

The zoning administer may request the following items in determining eligibility for agritourism activities:

a.

The assigned USDA/ASCS farm number;

b.

Federal tax forms (1040F) Farm Expenses and Income, (4835) Farm Rental Income and Expenses, or (1040E) Cash rent for Agricultural land;

c.

A conservation Farm Management prepared by a professional; and

d.

Evidence that gross sales averaged more than one thousand dollars ($1,000.00) annually over the previous three (3) years.

B.

Where permitted, agritourism activities shall include, but not be limited to, the following:

1.

Agricultural, farm or ranch, including:

(i)

Farmer's market, on-site, where at least fifty percent (50%) of the agricultural products offered for sale are/have been produced by the farm operator for at least three (3) of the immediately preceding five (5) years.

(ii)

Seasonal self-pick fruit and vegetable operations.

(iii)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

2.

Agricultural, farm stay, provided:

(i)

This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working farm or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator:

a.

Reside on the premises where the farm stay occurs; and

b.

Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms or other similar use as determined by the zoning administrator;

(ii)

Lodging accommodations may be offered in the farm house occupied by the owner/operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy.

a.

A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities.

b.

Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities.

c.

Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities.

d.

Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes.

(iii)

No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve-month period.

3.

Agricultural, museum.

4.

Agricultural service operation.

5.

Aquaculture.

6.

Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years.

7.

Dairy.

8.

Farm brewery.

9.

Farm temporary event, provided:

(i)

Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both.

(ii)

No event shall last later than 12:30 a.m.

(iii)

Adequate bathroom facilities are provided.

10.

Farm winery, where:

(i)

Agricultural products of the winery are derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years.

(ii)

The area for wine tasting and accessory food sales does not exceed twenty-five percent (25%) of the area of the main structure.

(iii)

Daily tours of a farm winery shall be permitted.

(iv)

Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both.

(v)

Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine.

11.

Greenhouse, commercial and/or nursery.

B.

Any year in which the Governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection A above. (11-17-16; 7-19-18; 11-15-18; 7-18-19.)