Warren County planning commission forwards agritourism zoning changes amid calls for clearer standards

Warren County Planning Commission on June 11 voted to forward proposed zoning text amendments that split agritourism activities into uses permissible by right and uses permissible only by conditional use permit when the activity is found to have a "substantial impact on the health, safety, or general welfare of the public." The commission made the recommendation to the Board of Supervisors after public comment and a discussion about how staff would apply the new standard.

Planning staff told the commission the changes were requested by staff at the recommendation of the county attorney to allow the county to regulate agritourism only when an activity "has a substantial impact on the health, safety, or general welfare of the public," and that the draft ordinance draws on language from Shenandoah County. Planning staff also said the draft updates supplementary regulations to include procedures for submission, review, determination, and appeal so the process is visible to the public.

Edwin Wright, who identified himself as a local farmer at 4151 Goony Manor Loop in Browntown, spoke in favor of agritourism generally but urged the commission to send the draft back for more work. "This proposed text amendment as written doesn't have objective standards or a frame of reference and could open the door to preemptive restrictions or overregulation of agritourism activities," Wright said, adding that the draft could "have a chilling effect on access to one of the only tools we still have to resist development pressure." He also asked the county to consider protections for homesteaders and backyard producers that state agritourism law does not cover.

Commissioners asked whether numerical thresholds or other objective measures (for example, number of attendees or frequency of events) could be used. Planning staff said agritourism is broadly defined and that many factors — including existing infrastructure and parcel size — will affect whether an activity would be deemed to have a substantial impact. Staff noted there is an administrative check: the zoning administrator would make the initial determination and applicants may appeal that decision to the Board of Zoning Appeals.

Commissioners and staff also discussed the practical effect for small operators. Staff said if a proposed activity is by-right and the business requires a local business license, applicants would still need a certificate of zoning but would not have to submit the conditional-use-level application materials. Commissioners and staff indicated the new language is intended to provide flexibility while giving the county clear review and appeal procedures.

After discussion, the commission voted to forward the ordinance amendments to the Board of Supervisors with a recommendation of approval.