home use alternative energy production and virginia zoning laws

HOME USE ALTERNATIVE ENERGY PRODUCTION AND

VIRGINIA ZONING LAWS

PEC provided technical and legal expertise to

citizens, local governments, and

grassroots groups in the nine county

Virginia Piedmont region of

Albemarle, Madison, Greene, Orange, Rappahannock,

Fauquier, Loudoun, Culpeper, and Clarke

Counties.

Zoning BasicsAny locality may, by ordinance, classify the territory under its jurisdiction into districts of such number, shape and size as it may deem best and in each district it may regulate, restrict, permit, prohibit, and determine the following:

1. The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses;

2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

Zoning ordinances shall be for the general purpose of

promoting the health, safety or general welfare of the public.

Inclusive

Not specified = prohibited

Special Use Permits

Traditional Zoning

Right to Farm (3.2-300; 3.2-301; 3.2-303; 15.2-2288)

No county shall adopt any ordinance that requires that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification.

"Production agriculture and silviculture" means the bona fide production or harvesting of agricultural or silvicultural products but shall not include the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge.

Right to Farm (3.2-300; 3.2-301; 3.2-303; 15.2-2288)

No locality shall enact zoning ordinances that would unreasonably restrict or regulate farm structures or farming and forestry practices in an agricultural district or classification unless such restrictions bear a relationship to the health, safety, and general welfare of its citizens.

Whether the Right to Farm Act permits a person to use an airstrip on his farm for what he labels "agricultural activities“, the take off

Airstrip

and landing of aircraft used in the surveillance of crops, livestock and property, and in the pickup of repair parts and supplies.

Attorney General Opinion

“The facts do not conclusively establish that the use of aircraft in the surveillance of crops, livestock and property, and in the pickup of repair parts and supplies so contributes to or is such a part of the bona fide production or harvesting of agricultural products that the Right to Farm should supersede the relevant local ordinance in this case. Consequently, I am unable to conclude that the General Assembly intends for the Right to Farm Act to permit the operation of an airstrip on farm property for the takeoff and landing of aircraft used in the surveillance of crops, livestock and property, and in the pickup of repair parts and supplies.”

Solar panels

On roof – no problem

Free standing - setback

Windmills

Traditional accessory use

Manure Hotbed

Anaerobic Digester

Patterson Dairy Farm

1,700 head

Produces 4,500kwh/day

(100 homes)

The End