2006 Code of Virginia § 15.2-2288.3 - Licensed farm wineries; local regulation of certain activities

15.2-2288.3. Licensed farm wineries; local regulation of certain activities.

A. Localities may not require that a special exception or special use permitbe obtained for the processing of wine by licensed farm wineries.

B. (Expires July 1, 2007) No locality may adopt any requirements for specialexceptions or special use permits relating to licensed farm wineries thatwould be more restrictive than its requirements in effect as of January 1,2006. Further, any special exception or special use permit in effect as ofJanuary 1, 2006, shall remain in effect until July 1, 2007, unless suchexception or permit is either no longer required by the locality or isamended to be less restrictive.

C. (Expires July 1, 2007) No locality may, as related to farm wineries, adoptany requirements for special exceptions or special use permits or enforce anyexisting restrictions or conditions that (i) prohibit music or theamplification of music, except as necessary to prevent such music from beingaudible beyond the farm winery property or property adjacent thereto owned orcontrolled by the owners of the farm winery, unless consent is obtained fromall affected adjacent property owners, (ii) regulate private personal partiesheld by the owners of the farm winery who reside at the farm winery or onproperty adjacent thereto owned or controlled by the owners of the farmwinery at which event wine is not sold or marketed and for which noconsideration is received by the farm winery or its agents, or (iii) are morerestrictive as to the construction or expansion of farm winery facilities, aslong as such facilities are for farm wine production or processing, ascompared to other agricultural facilities in agricultural districts.

(2006, c. 794.)