Outdoor Sales

What is an outdoor sales facility?

An outdoor sales facility means any table, stand, vehicle or other structure from which any item is sold to, or exchanged with consumers; provided, that an “outdoor sales facility” shall not include structures that are lawful accessories to a permanent building on the same site.

• Agricultural Outdoor Sales
• Non-agricultural Outdoor Sales

Agricultural Outdoor Sales

An "agricultural outdoor sales facility" is an outdoor sales facility, which is part of a bona fide agricultural, horticultural or aquacultural operation, including facilities at which customer pick products from the field.

The following items may be sold or offered for sale at any agricultural outdoor sales facility:

1. Agricultural and horticultural products native to the area. If necessary, the Chesapeake Agricultural Extension Agent shall determine whether an agricultural or horticultural product is native to the area.
2. Agricultural and horticultural products picked from a field by the customer.
3. Aquacultural product, such as fish, shrimp, prawns, clams and similar aquatic animals.
4. Products accessory and incidental to the agricultural horticultural and aquacultural products sold or offered for sale on the site.

An agricultural outdoor sales facility shall be permitted on property other than commercially zoned property if the following requirements are met.

1. The facility has a minimum of three (3) acres. No agricultural outdoor sales facility shall be permitted on any residential lot which was created as a major subdivision or which is otherwise a part of a subdivision consisting of more than five residential lots.
2. A growers certificate issued by the Chesapeake Agricultural Extension Agent or growers license issued by the City of Chesapeake must be displayed at the facility. The growers certificate is valid for one year.

1. The facility must have set back a minimum of fifty (50) feet from the nearest edge of the sidewalk or street pavement. If there is no sidewalk or pavement a set back minimum of one hundred (100) feet from any adjoining lot.
2. Stands, tables and other structures must be placed in the same parcel.
3. The total area for outdoor sales must not exceed five hundred (500) square feet for every acre of land devoted to agricultural, horticultural or aquacultural operation, provided that the total area for all covered sales facilities shall not exceed 2,500 square feet. There shall be no limit on the amount uncovered sales area on the property.
4. Off-street parking arrangements must meet the requirements:
   • Entrance from the street must be approved by Department of Development and Permits, Development Engineering Division.
   • Five customer parking spaces must be provided. In addition, an area 1,200 square feet is reserved for parking as needed,
   • The parking area does not need to be paved.
   • Portable toilets may be provided on the site and is set back at least one hundred (100) feet from the property lines or must be screen from view of right-of-way at least eighty (80) feet in width.
   • The facility and display of outdoor sales may remain on the site from season to season but cannot be abandoned without any use at all for two consecutive years.
   • Freestanding signs, crop identification signs, special events or miscellaneous signs are permitted.

How to Apply for an Outdoor Sales for Agricultural

1. Upon the arrival the City Hall 2nd Floor, Department of Development and Permits, you will sign in at the front counter to see a Zoning Plans Examiner.
2. You will be given an Outdoor Sales package which includes an Outdoor Sales Application, the Commissioner of Revenue's and the Development Engineering Division's Letter of Referrals.
3. A Growers Certificate is required. You may submit the certificate to the Zoning Officer. If you don't have one, you may visit the Agricultural Department which is located in the Planetarium building next to the City Hall.
4. After the Commissioner of Revenue (City Hall, 1st Floor) and the Development Engineering Division (City Hall, 3rd Floor) signed off your application, you will return to Zoning.
5. You permit will then be issued for an Outdoor Sales Permit. Fee for the permit is not required.