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