Agriculture is currently defined by the Zoning Ordinance; however, staff is looking to rename the use and make minor updates to this definition to be consistent with the formatting and style of the Zoning Ordinance Modernization (zMOD). The proposed definition can be found below.

Agricultural Operation

Any operation, that is devoted to the bona fide production, harvesting, and sale of crops and other agricultural products, including livestock, dairy, aquaculture, poultry, horticultural, floricultural, viticultural, and silvicultural products. An agricultural operation may include agritourism uses, farm worker housing, and wayside stand as an accessory use.

The definition of agricultural operation does not preclude the keeping of livestock on parcels of two acres or more in size, as permitted by subsection 4102.7.K(6), or gardening and composting, as permitted as an accessory use.

An agricultural operation does not include a garden center, commercial stockyard/feed lot, landscape contracting services, on-site processing of agricultural products, riding or boarding stable, or the above-ground application or storage of sewage sludge.

The amendment is also proposing the following definitions to be associated with an agricultural operation.

Farm Worker Housing

A dwelling unit accessory to an agricultural operation in which a farm worker(s) resides. A farm worker is a seasonal or full-time employee of the agricultural operation.

Wayside Stand

A structure designed and used for the display and retail sale of agricultural products as defined in Va. Code Sect. 3.2-6400 and foods products permitted by subdivisions A 3, 4, and 5 of Sect. 3.2-5130.

Staff is proposing the following definition for Agritourism.

Agritourism

Any activity accessory to an agricultural operation that allows members of the general public to view or enjoy rural activities for recreational, entertainment, or educational purposes, regardless of whether the participant paid to participate in the activity. These activities may be permitted at a property with a farm winery, limited brewery, or limited distillery subject to the limits on attendees in subsection 4102.2.C, which limits apply collectively to public or private events and activities and agritourism uses on that property. Agritourism activities include but are not limited to the following:

1. Farm tours, including educational or entertainment programs, workshops, or demonstrations;
2. Harvest-your-own activities;
3. Seasonal festivals and attractions, including crop mazes or hayrides;
4. Events including, but not limited to, corporate picnics, family reunions, farm-to-table dinners, weddings, and similar uses;
5. Hiking, horseback riding, and other natural activities;
6. Historical and cultural activities; and
7. Other activities as determined by the Zoning Administrator.

Agritourism is, by state code definition, required to be carried out on a farm or ranch. Sect. 3.2-6400 of the Code of Virginia states a farm or ranch means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products. 

Yes. The Code of Virginia requires local jurisdictions to permit Agritourism uses where Agriculture is permitted. The Code goes on to state that no locality is allowed to regulate agritourism activities unless there is a substantial impact on the health, safety, or general welfare pursuant to Section 15.2-2288.6. However, the Code of Virginia does not identify any criteria by which to measure those impacts. Therefore, the Zoning Administrator has had to determine on a case-by-case basis whether such activity has a substantial impact on the health, safety, or general welfare of the public. Currently, some Fairfax County farms provide Agritourism activities such as seasonal festivals, but the County does not currently have Zoning Ordinance provisions to regulate those activities. Setting thresholds in the Zoning Ordinance will provide a predictable and consistent path for future agritourism activities in Fairfax County.

All agritourism providers are responsible for meeting the Zoning Ordinance provisions. Fairfax County enforces the Zoning Ordinance on a complaint basis. If a property was not operating in accordance with the adopted use limitations, a complaint would need to be filed with the Department of Code Compliance (DCC). They would investigate the complaint to see if it is founded. If a violation is found to exist, the property owner would be contacted and asked to address the violation of the Zoning Ordinance. Repeated violations could lead to fines or Court action.

Activities including but not limited to: corporate picnics, family reunions, farm-to-table dinners, and weddings. These events could be catered.

Activities excluded: helicopter rides, firework displays, antique/flea markets, go-cart/all-terrain vehicle tracks, mechanized amusement park rides, hot air balloons, spa services, and operation of a commercial restaurant requiring Health Department approval.

Parking for all agritourism uses must be located on the same lot as the agricultural operation. Parking is not permitted on the public right-of-way. Parking spaces are not required to be designated or located on a paved surface.

The proposed parking requirements are as follows.

• When by right: No minimum requirement.
• When by administrative permit: subject to the Zoning Administrator’s determination that a parking plan demonstrates adequate parking is provided on-site.
• When by SE: Based on a review of each proposal to include such factors as the number of spaces required to accommodate employees and visitor parking.

The Code of Virginia requires localities to permit agritourism uses. This Zoning Ordinance Amendment would create tiers to clarify where Fairfax County considers adverse impacts and additional review would be required.  Approval of the Zoning Ordinance Amendment would not impact A&F Districts.  If a parcel in the A&F District provides agritourism activities, then the tax impactions would be reviewed on a case by case basis by the Department of Tax Administration.

The Building Code is under the purview of the Department of Land Development Services. The 2015 Virginia Construction Code, Chapter 1, Sect. 102.3, Par. 9 exempts “farm buildings and structures, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2 (Section 35.1-11 et. Seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide-prone area shall be subject to flood-proofing regulations or mudslide regulations, as applicable.”
 
Chapter 2 of the 2015 Virginia Construction Code defines a “farm building or structure” as a building or structure not used for residential purposes, located on property where farming operations take place, and used primarily for any of the following uses or combination thereof:

1. Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultral products produced in the farm.
2. Sheltering, raising, handling processing or sale of agricultural animals or agricultural animal products.
3. Business or office uses relating to the farm operations.
4. Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or equipment on the farm.
5. Storage or use of supplies and materials used on the farm.
6. Implementation of best management practices associated with farm operations.

Buildings and structures that fall under this definition not regulated by the Building Code.

A bed and breakfast currently requires a special exception, but staff has proposed that it be permitted by right on properties 20 acres and larger in the R-A, R-C, R-E and R-1 Districts. Staff has not proposed an amendment to the definition of bed and breakfast (below), which restricts the use to the single family dwelling and limits the number of guest rooms to five.  Further, staff does not propose to permit any additional signage for the use than would already be allowed by the Zoning Ordinance. One proposed use limitation would allow special events related to agritourism only if located on a property with an agricultural operation; otherwise, no non-agritourism events would be permitted. Therefore, the impact of the bed and breakfast would be limited to the use of guest rooms.

Bed and Breakfast

An establishment located in an owner- or manager-occupied dwelling unit which rents five or fewer guest rooms without cooking facilities to transient visitors for fewer than 30 consecutive nights.

If the bed and breakfast does not contain 20 acres of land and is not in conjunction with an agricultural operation, a special exception would be required.

Sect. 12-202 of the Sign Ordinance states that agricultural uses on a lot at least 20 acres in size are allowed a total of 60 square feet of sign area. No single sign can exceed 30 square feet in area and a height of 8 feet.

Yes, they would be subject to the Noise Ordinance. Outdoor loudspeakers are prohibited between 10 p.m. and 7 a.m.  For more information, refer to the Summary Chart of Noise Ordinance Applicability.