Virginia Code 15.2-2288 and 15.2-2288.3 limit how localities may zone agricultural land, preserving by-right production and restricting special use permit requirements for bona fide farms.
Virginia Code 15.2-2288 prohibits counties, cities, and towns from requiring special exceptions or special use permits for production agriculture and silviculture activities on lands zoned for agricultural use. Code 15.2-2288.3 protects agritourism and farm-related events including weddings, wineries, breweries, and distilleries from undue local regulation while permitting reasonable conditions on noise, traffic, and lighting. Localities retain authority to address public health and safety but must accommodate the customary uses of agricultural lands and cannot effectively prohibit by-right farming.
Localities adopting ordinances that effectively prohibit production agriculture or unreasonably restrict farm-related events may face declaratory judgment, injunctive relief, and potential damages. Affected farmers can seek judicial review and demand ordinance amendments to comply with state zoning preemption.
Hampton, VA
Hampton restricts parking of commercial vehicles in residential areas. Vehicles exceeding one ton rated capacity or displaying commercial advertising may not...
Hampton, VA
Hampton requires driveways to meet zoning standards for width, materials, and setbacks. Vehicles must be parked on paved surfaces only. Parking on grass or u...
Hampton, VA
Hampton restricts the parking of recreational vehicles, boats, and trailers on residential streets and in front yards. RVs and boats must generally be stored...
Hampton, VA
Hampton regulates street parking through posted signs and general ordinances. Most residential streets allow parking but may have time limits. Vehicles must ...
Hampton, VA
Hampton limits fence height to 4 feet in front yards and 6 feet in side and rear yards under the zoning ordinance. Corner lots have additional visibility req...
Hampton, VA
Hampton generally does not require a building permit for residential fences under 6 feet in height. Fences exceeding standard heights or those in flood zones...
See how Hampton's agricultural zoning protection rules stack up against other locations.
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