Shenandoah County, VA Article XI Intensive Poultry and Hog Facilities

[Added 7-9-1991; amended 11-8-1994]

§ 165-80 Setback regulations.

A. Setbacks for intensive poultry facilities only. Intensive poultry facilities shall be constructed no closer than the following distances (setbacks) to the specified use or property line:

(1) For intensive poultry facilities located on a parcel included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia:

(a) Three hundred feet from any existing dwellings, schools, churches and other nonagricultural uses.

(b) Distance from property line as specified in § 165-11E(1), (2) and (3) when poultry facility is located in Conservation (C-1) Zoning District, or as specified in § 165-12E(1), (2) and (3) when poultry facility is located in Agriculture (A-1) Zoning District.

(2) For intensive poultry facilities located on a parcel not included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311of the Code of Virginia:

(a) Six hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a sparsely settled area.

(b) Nine hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a densely settled area.

(c) One hundred fifty feet from any property line, except a property line shared with an interstate highway.

(d) Distance from a property line shared with an interstate highway as specified in § 165-11E(1), (2) and (3) when poultry facility is located in the Conservation (C-1) Zoning District, or as specified in § 165-12E(1), (2) and (3) when poultry facility is located in the Agricultural (A-1) Zoning District.

(e) Setback specified in Subsection A(2)(c) may be reduced to less than 150 feet but greater than or equal to 75 feet by mutual consent of the grower and adjacent property owner. Consent shall be evidenced by written formal agreement referencing both parcels by deed book reference, signed by both parties, notarized and recorded in the office of the Clerk of the Circuit Court, with a copy provided to the Zoning Administrator at the time of recordation and prior to application for a zoning permit.

B. Setbacks for intensive hog facilities only. Intensive hog facilities shall be constructed no closer than the following distances (setbacks) to the specified use or property line:

(1) For intensive hog facilities on a parcel included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia: 300 feet from any property line.

(2) For intensive hog facilities on a parcel not included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311of the Code of Virginia:

(a) Six hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a sparsely settled area.

(b) Nine hundred feet from any existing dwellings, schools, churches or other nonagricultural uses in a densely settled area.

(c) Three hundred feet from any property line.

C. Additional setbacks for both intensive poultry and intensive hog facilities. Intensive poultry and/or hog facilities shall be constructed no closer than the following distances (setbacks) to the specified zone, boundary, feature or facility:

(1) Nine hundred feet from any residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zoning districts located outside an existing town or designated growth area.

(2) One thousand feet from any existing town boundaries and designated growth areas.

(3) One hundred feet from any streams, rivers, springs, sinkholes, water intakes and public wells; and 100 feet from any private wells on adjoining properties.

D. Application of setbacks to intensive poultry and intensive hog facilities. Setbacks presented in Subsections A, B and C are considered minimum setbacks. Where applicable setback minimums differ, the more stringent of the setbacks shall apply. All applicable setbacks shall be met concurrently.

E. Setbacks for residential dwellings. Any residential dwelling constructed on land that was once within an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia, but was withdrawn at the request of the owner before the period of the district lapsed, such dwelling shall be located no closer than 300 feet to any existing intensive poultry or hog facility in the agricultural and forestal district.

§ 165-81 Entrance location.

A permit for the proposed entrance to the intensive poultry or hog facility access road must be obtained from the Virginia Department of Transportation prior to application for a zoning permit.

§ 165-82 Poultry development plans (optional).

A grower or potential grower may file with the Zoning Administrator a development plan which indicates the number, size and location of poultry facilities planned for the subject parcel. When a poultry development plan has been approved and filed with the Zoning Administrator and during the period in which it remains in effect, the planned poultry facilities shall be obliged to meet setbacks only from those dwellings, schools, churches, other nonagricultural uses, zoning districts, town boundaries, designated growth areas, water intakes and wells existing at the time the poultry development plan is approved.

A. The poultry development plan shall be based on the requirements of this section and shall be accompanied by a plat prepared and signed by a land surveyor certified by the Commonwealth of Virginia verifying the accuracy of the distances shown in the poultry development plan.

B. The poultry development plan shall remain in force only so long as the poultry facilities proposed are constructed in accordance with the poultry development plan and are placed in service in a timely manner.

C. At least one poultry facility indicated in the poultry development plan must be constructed within 12 months of the date of plan approval, unless at least one poultry facility is already constructed on the subject parcel at the time the poultry development plan is filed.

D. In the event that a grower fails to build a poultry facility indicated in the poultry development plan within 12 months of obtaining zoning approval or if a poultry facility existed at the time the plan was approved and the grower fails to obtain zoning approval for any of the additional poultry facilities as indicated on the plan within a ten-year period, the Zoning Administrator shall review the poultry development plan. If the plan could still be implemented as is, or revised, to comply with the poultry regulations in effect at the time of review, then it may be renewed as revised for five additional years with five-year review periods continuing thereafter. If the plan does not comply with current poultry regulations, it shall be revoked and all future development of poultry facilities on the subject parcel shall conform to the ordinance in effect at the time of zoning permit application.

§ 165-83 Nutrient management plan.

A. After July 9, 1991, a permit for poultry operation shall not be issued until a nutrient management plan for the proposed poultry operation has been reviewed and accepted by the Zoning Administrator. Each poultry operation already in operation or approved by the County prior to July 9, 1991, shall have an approved nutrient management plan on file with the Zoning Administrator on or before July 9, 1996, or at such time as additional poultry facilities are placed into service on the same parcel, whichever shall occur first. After July 9, 1996, no poultry operation shall operate without such nutrient management plan.

B. The nutrient management plan shall provide for the safe disposal or use of 100% of the animal waste produced by each poultry facility. Disposal or use shall be accomplished by means of land application at approved locations and agronomic rates, as established by the Virginia Cooperative Extension Service or other appropriate agencies. Alternative methods of disposal may be used, as approved by appropriate state and/or local agencies. The nutrient management plan shall take into account, among other things, the presence of rivers, streams, public and private wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to groundwater or surface water pollution. Each nutrient management plan shall be subject to review and approval by an agent of the Virginia Cooperative Extension Service or other appropriate agency.

C. If off-site disposal is part of the nutrient management plan, the grower shall provide, as part of the nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the grower's poultry facility. Documentation shall specify the duration of the agreement and the nature of the application or use of the poultry wastes. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The grower shall notify the Zoning Administrator whenever such an agreement is terminated before its stated expiration.

D. The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of poultry wastes. The site shall be located on the same parcel as the poultry house to which it is an accessory use. If, however, a grower whose facilities were in operation prior to July 9, 1991, is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, then the Zoning Administrator, after consultation with the grower's engineer, may permit the storage site to be located on adjacent land owned by the grower; or if the grower has a valid agreement for off-site disposal, as provided for above, the Zoning Administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal. A professional engineer registered in Virginia, a representative of the Lord Fairfax Soil and Water Conservation District or a representative of the United States Department of Soil Conservation Service shall certify that the site:

(1) Is out of all drainageways.

(2) Is protected from the elements.

(3) Has sufficient capacity to accommodate 100% of the waste produced by the poultry facility's operation on the parcel during the four consecutive months in which the maximum number of cleanouts of such poultry facilities may occur.

E. The nutrient management plan shall be reviewed and updated every five years by an agent of the Virginia Cooperative Extension Service or other appropriate agency and by the Zoning Administrator, or more frequently if the County or its agent documents that the grower is not complying with the nutrient management plan.

F. The provisions of this article notwithstanding, a poultry house permit approved by the County prior to the adoption of this chapter shall remain valid, as issued, on condition that all requirements set forth in the permit are met and construction is completed within 12 months from July 9, 1991.

§ 165-84 Zoning permit required.

A. All proposed poultry or hog house construction shall be approved by the County Planner/Zoning Administrator before any construction is begun. To obtain an approval of the County Planner/Zoning Administrator, a site plan, nutrient management plan and sedimentation and erosion control plan must be submitted to the County Planner/Zoning Administrator. Said approval of the County Planner/Zoning Administrator must be obtained regardless of whether or not a building permit is needed for said construction.

B. The site plan required in Subsection A shall be drawn upon a plat prepared and signed by a land surveyor licensed by the Commonwealth of Virginia certifying that the proposed poultry or hog facility meets all applicable setback requirements of this chapter. Said site plan shall also show:

(1) The location of the following:

(a) Existing and proposed buildings and structures on the subject parcel.

(b) The size of the parcel and size of proposed buildings and structures.

(c) Proposed entrances and access roads.

(d) Existing streams, rivers and sinkholes on the parcel.

(2) The approval signature by an official representative of the Virginia Department of Transportation.

§ 165-85 Nonconformities.

A. No intensive poultry or hog facility permitted under this chapter shall continue in operation if, after meeting requirements for obtaining a zoning permit, land is divided from the parcel on which the poultry or hog facility is located, such that the poultry or hog facility or the parcel no longer conforms to the requirements of this chapter.

B. Intensive poultry and hog facilities in operation as of November 8, 1994, that do not meet setback requirements herein may be improved by additional poultry or hog facilities, provided that:

(1) The additional facilities shall be located no closer than existing facilities to existing dwellings, schools, churches, nonagricultural uses, residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zones, town boundaries and designated growth areas.

(2) The grower shall obtain the consent of those landowners or towns that would have a setback reduced by the proposed facility improvement. Consent shall be evidenced by written formal agreement referencing both parcels by deed book reference, signed by both parties, notarized and recorded in the office of the Clerk of the Circuit Court with a copy provided to the Zoning Administrator at the time of recordation and prior to application for a zoning permit.

C. Replacement or reconfiguration of poultry or hog facilities that do not meet the requirements of this chapter, when such facilities have been destroyed or damaged by fire, wind, snow or other phenomena out of the control of the landowner, may be permitted, provided that:

(1) The replacement facilities may be located no closer than the facilities being replaced to existing dwellings, schools, churches, nonagricultural uses, residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zones, town boundaries and designated growth areas.

(2) Any additions to or expansions of facilities that replace facilities originally in operation as of November 8, 1994, shall meet the requirements of Subsection B of this section.[1]

[1] Editor's Note: Original Section 517, Alternative discharging sewage treatment systems for single-family dwellings, was deleted in its entirety 11-10-1994.