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.
Virginia Beach, VA
Virginia Beach City Code Sec. 23-69 caps sound entering another residential dwelling at 55 dBA between 10:00 p.m. and 7:00 a.m., and 65 dBA between 7:00 a.m....
Virginia Beach, VA
Virginia Beach's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Po...
Virginia Beach, VA
Virginia Beach has no specific City ordinance regulating residential inflatable holiday displays. The principal restrictions come from HOA and condo covenant...
Virginia Beach, VA
Virginia Beach has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA and condo cov...
Virginia Beach, VA
Outdoor kitchens in Virginia Beach require separate trade permits from Permits and Inspections: building permit for structural elements, mechanical permit fo...
Virginia Beach, VA
Virginia Beach has no specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit b...
See how Virginia Beach's agricultural zoning protection rules stack up against other locations.
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