Chapter 824-2 — GENERAL AGRITOURISM REGULATIONS

The purpose of this division is to establish zoning regulations to allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses that are located at a working farm, ranch, or other agricultural operation; are accessory to a primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or clients; and generate income for the owner or operator of the working farm, ranch, or other agricultural operation.

(Ord. No. 2024-06, § 2, 3-5-24)

For purposes of this division, the following words and phrases have the following meanings:

(a)

"Agricamping establishment" means an establishment that provides food and lodging in accordance with this division.

(b)

"Agritourism lodging establishment" means a residence in an agricultural zoning district that is used as a bed and breakfast establishment or a farm stay establishment.

(c)

"Agritourism use" means any of the following uses located in an agricultural zoning district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.

(d)

"Bed and breakfast establishment" means an establishment that provides food and lodging in accordance with this division.

(e)

"Farm dinner" means an occasion where food is provided in accordance with this division.

(f)

"Farm market" means an area accessory to an on-site agricultural operation that is used to sell farm products, value-added farm products, and non-agricultural items, as specified, where the total sales area does not exceed three thousand five hundred square feet.

(g)

"Farm product" includes any of the following in its raw or natural state: any agricultural, horticultural, viticultural, or vegetable product of the soil; poultry products; livestock products; and apiary products. "Farm product" does not include any livestock, poultry, fish, or shellfish.

(h)

"Farm stand" means an area accessory to an on-site agricultural operation that is used primarily to sell farm products, value-added farm products, and non-agricultural items, as specified, where the total sales area does not exceed one thousand five hundred square feet.

(i)

"Farm stay establishment" means an establishment that provides food and lodging in accordance with this division.

(j)

"Farm-to-table restaurant" means a restaurant that provides food in accordance with this division.

(k)

"Grower stand" means an area accessory to an on-site agricultural operation that is used to sell farm products produced on-site or proximate to the site, as specified, where the total sales area does not exceed one thousand five hundred square feet.

(l)

"Non-agricultural item" means any item offered for sale other than farm products and value-added farm products.

(m)

"Olive oil mill" means an operation for the processing of olives into olive oil. An olive oil mill may be a small olive oil mill or a large olive oil mill.

(n)

"Olive oil production facility" means a facility or facilities at an olive oil mill used for any of the following activities or uses: harvesting, milling, pressing, and crushing fresh olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution of olive oil; equipment storage and repair; composting and removal of olive pomace and other agricultural product waste, and agricultural wastewater treatment. A tasting area or on- site sales area at an olive oil mill is not part of the olive oil production facility at the olive oil mill.

(o)

"Responsible party" means a person that is designated by the applicant as a point of contact for the agritourism use.

(p)

"Value-added farm product" means a farm product that has been changed from its natural state to an item in a different form through canning, drying, freezing, preserving, fermenting, compounding, processing, packing, or a similar alteration, so as to increase the value of the farm product.

(q)

"Wine production facility" means a facility or facilities at a winery used for any of the following activities or uses: crushing or pressing grapes; fermenting wine; aging wine; processing and blending of wine; bottling and labeling of wine; storage of wine in cellars, vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping, receiving, and distribution of wine; truck scales; equipment storage and repair; composting of grape byproducts and other agricultural product waste, and agricultural wastewater treatment. A tasting area or on-site sales area at a winery is not part of the wine production facility at the winery.

(r)

"Winery" means an operation for the fermentation and processing of grapes into wine, or the refermentation of still wine into sparkling wine. A winery may be a small winery or a large winery.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

An agritourism use that complies with the provisions of this division may be located on any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).

(b)

Multiple agritourism uses may be permitted on the same lot, except as follows:

(1)

A farm stay establishment and a bed and breakfast establishment may not be permitted on the same lot.

(2)

A farm dinner and a farm-to-table restaurant may not be permitted on the same lot.

(3)

A farm market and a farm stand may not be permitted on the same lot.

(4)

A farm market and a grower stand may not be permitted on the same lot.

(5)

A farm stand and a grower stand may not be permitted on the same lot.

(6)

A small olive oil mill and a large olive oil mill may not be permitted on the same lot.

(7)

A small winery and a large winery may not be permitted on the same lot.

(Ord. No. 2024-06, § 2, 3-5-24)

An agritourism use is allowed only if it is an accessory use on a property that is used for agriculture, as defined in Section 82-4.206. If property is located in an agricultural zoning district but the property is not used for agriculture, then no agritourism use is allowed on the property.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

Adequate parking for consumers and employees must be provided at an agritourism use. If an agritourism use consists of a structure, one off-street parking space must be provided for each three hundred square feet of structural floor area, with a minimum of two parking spaces. Each required off-street parking space must be at least nine feet by nineteen feet in size. The required parking spaces may be dirt or gravel. The required parking spaces need not be paved, striped, or otherwise improved, but must be identifiable. Parking spaces must be oriented such that vehicles are not required to back onto a public road.

(b)

Safe access to and from a public road must be provided with a durable, dustless surface, such as compacted gravel or a similar permeable surface, or asphalt, except that within twenty feet of a public road all access surfaces must be asphalt. A defined point of ingress and egress must be provided. An encroachment permit must be obtained for a new point of access to a public road.

(c)

The parking requirements of Chapter 82-16 do not apply to this division.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

One or more on-site commercial signs are allowed on a lot with an agritourism use. An "on-site commercial sign" is a sign that directs attention to the business activity conducted or products sold or produced on the lot where the agritourism use is located.

(b)

The following on-site commercial signs may be located on a lot with an agritourism use:

(1)

One free-standing on-site commercial sign that does not exceed twelve feet in height or the height of the tallest structure, whichever is lower, and whose total display surface area does not exceed thirty-two square feet if the sign is single-sided or sixty-four square feet if the sign is double-sided.

(2)

Additional on-site commercial signs that are affixed directly to any structure with an indoor sales area.

(3)

One or more additional free-standing on-site commercial signs. No additional free-standing sign shall exceed twelve feet in height or have a display surface area greater than sixteen square feet.

(c)

The total display surface area of all on-site commercial signs on a lot with an agritourism use shall not exceed 128 square feet.

(d)

An on-site commercial sign may not encroach on any public right-of-way and may not conflict with any applicable sight distance.

(e)

An on-site commercial sign may not be illuminated unless expressly authorized by a land use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The land use permit may include conditions as to the time, intensity, direction, and quality of illumination to mitigate any negative impacts of illumination.

(f)

All signs and sign structures shall be maintained in a safe and structurally sound manner free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly painted at all times.

(g)

A temporary on-site commercial sign must be removed when not in use.

(h)

An on-site commercial sign or signs authorized by this division may contain noncommercial copy in lieu of other copy. Nothing in this division may be construed as regulating or restricting the use of noncommercial copy or message on any sign allowed under this section.

(i)

If an agritourism use is lawfully established under the provisions of this division, on-site commercial signs that meet the requirements of this section are allowed without a separate permit.

(j)

Off-site commercial signs are prohibited on a lot with an agritourism use. An "off-site commercial sign" is an advertising sign that directs attention to a business activity conducted or product or services sold or offered at a location not on the lot where the agritourism use is located.

(Ord. No. 2024-06, § 2, 3-5-24)

An agritourism use must comply with the height and setback requirements that apply in the zone in which the property is located.

(Ord. No. 2024-06, § 2, 3-5-24)

Except as otherwise provided in this division, the requirements of Chapter 82-44, Temporary Events, apply to uses authorized under this division.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

No permit. No permit is required under this division for a grower stand that meets the standards contained in this division.

(b)

Ministerial permit.

(1)

Unless a land use permit is otherwise required by subsection (c), below, a ministerial permit is required before any of the following uses may be established under this division: farm stand; farm stay; farm dinner; small winery without a tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales area.

(2)

An application for a ministerial permit must be made in writing and contain sufficient information to allow the Department of Conservation and Development to determine if the agritourism use will meet the standards in this division.

(3)

An application for a ministerial permit will be approved without discretionary review or public hearing unless any of the following grounds for denial exist:

(A)

The application is incomplete.

(B)

The applicant has not paid all required fees in accordance with the fee schedule adopted by the Board of Supervisors.

(C)

The applicant is delinquent in the payment of County taxes.

(D)

A separate agritourism use permit associated with the location or the applicant was revoked within twenty- four months before the date of application.

(E)

A structure proposed for an agritourism use violates any provision of this code, including the building standards in Title 7.

(4)

After a ministerial permit for farm stay or farm dinner is issued, the department will notify all owners of property within three hundred feet of the farm stay or farm dinner that a permit was issued. The notice will be in writing and contain the location of the farm stay or farm dinner, contact information for the responsible party associated with the permit, contact information for county code enforcement, and a website address where the agritourism ordinance is listed.

(5)

A ministerial permit for farm stay or farm dinner expires one year from the date the permit was approved, unless it is revoked sooner.

(6)

An application to renew a ministerial permit for farm stay or farm dinner must be filed with the Department of Conservation and Development at least thirty days before the permit expires.

(7)

An application to renew a ministerial permit for farm stays or farm dinners will be approved ministerially unless any of the following grounds for denial exist:

(A)

Any of the grounds for denial under subsection (3) exist.

(B)

The application is filed less than thirty days before the permit expires.

(C)

The permit is revoked or is the subject of a revocation proceeding at the time of application.

(8)

A short-term rental proposed for an agricultural zoning district must comply with the permit requirements of Chapter 88-32.

(c)

Land use permit.

(1)

A land use permit is required before three or more of the following uses may be established on a lot under this division: farm stand; farm stay; farm dinner; small winery without a tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales area.

(2)

A land use permit is required before any of the following uses may be established under this division: agricamping; bed and breakfast; farm market; farm-to table- restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on- site sales area; or small winery with a tasting/on-site sales area.

(3)

An application to establish a land use permit under this division must contain all of the information required by Article 26-2.20 of this code.

(4)

An application for a land use permit under this division will be decided in accordance with Article 26-2.20 of this code.

(Ord. No. 2024-06, § 2, 3-5-24)

Application, review, and permit fees for agritourism uses will be in amounts established by the Board of Supervisors in the Conservation and Development Department's fee schedule.

(Ord. No. 2024-06, § 2, 3-5-24)

Agritourism uses also may be subject to ordinances, statutes and regulations administered by other county departments, including the building department, health department, public works department, and agricultural commissioner's office, and may be subject to state and federal laws and regulations. The establishment of an agritourism use under this division does not relieve anyone from the obligation to obtain any other permit or license required by this code or state or federal law. Nothing in this division authorizes the establishment of a microenterprise home kitchen operation.

(Ord. No. 2024-06, § 2, 3-5-24)