It is the intent of this article to encourage economic development and to preserve farmland by providing for the viability of the county's agricultural sector by encouraging the orderly and responsible growth of its livestock, dairy and poultry industry.

(Amdmt. No. 95-3, 4-4-95)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Existing dwelling means either of the following:

(1)

A structure, designed for residential use, which is occupied on the date a completed application for a livestock, dairy or poultry facility building permit or other zoning approval is received by the office of the zoning administrator; or

(2)

A structure, designed for residential use, which is not occupied on the date a completed application is received, but which has been issued a certificate of occupancy or building permit prior to the date on which a completed application for a livestock, dairy or poultry facility building permit or other zoning approval is received by the office of the zoning administrator or which has been occupied for a three-year period within the five years immediately preceding the date on which a completed application for a livestock, dairy or poultry facility building permit or other zoning approval is received by the office of the zoning administrator.

Existing livestock, dairy or poultry facility means, only for the purpose of determining residential setbacks in the agricultural-rural residential district under this chapter, a livestock, dairy or poultry facility which has been in operation for a one-year period within the five years immediately preceding the date on which zoning approval is sought for a dwelling or, where zoning approval is not necessary for such dwelling, the date on which a building permit is sought for such dwelling.

Intensive livestock, dairy or poultry facility means as follows:

(1)

Intensive livestock facility or livestock facility means a livestock operation with accessory uses or structures, as specified in this article, which at any one time has at least 600 animal units, such as the examples referenced in the following table, and where such animals are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period.

(2)

Intensive dairy facility or dairy facility means a dairy operation with accessory uses or structures, as specified in this article, which at any one time has at least 600 animal units, such as the examples referenced in the following table, and where such animals are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period.

(3)

Intensive poultry facility or poultry facility means a poultry operation with accessory uses or structures, as specified in this article, which at any one time has at least 600 animal units, such as the examples referenced in the following table, and where such animals are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period.

Livestock includes all domestic or domesticated bovine animals, including but not limited to cattle; equine animals, including but not limited to horses; ovine animals, including but not limited to sheep; porcine animals, including but not limited to hogs.

Livestock, dairy, poultry structure means any building, structure, installation, storage container or storage site used in the operations of an intensive livestock, dairy or poultry facility, including but not limited to feed storage bins, litter storage sites, incinerators, manure storage sites, manure disposal pits, poultry houses, poultry disposal pits and dead poultry cold storage chests.

Livestock raiser, dairy operator, poultry grower; operator means the owner or operator of the livestock facility, dairy or poultry facility or the land on which the livestock, dairy or poultry facility is located.

Parcel of land means a measured portion of land separated from other portions of land by a metes and bounds description or described as a separate, discrete tract in an instrument of conveyance or devise and recorded in the office of the circuit court clerk.

(Amdmt. No. 95-3, 4-4-95)

Cross reference— Definitions generally, § 1-2.

(a)

The minimum number of acres on which an intensive livestock, dairy or poultry facility may be established shall be as follows:

(1)

For an intensive facility in which beef or dairy cattle, horses or sheep are confined and fed, 60 acres or the number of acres required by the nutrient management plan, whichever is less, and which has been approved pursuant to section 66-645.

(2)

For an intensive facility in which swine or poultry are confined and fed, 20 acres or the number of acres required by the nutrient management plan, whichever is less, and which has been approved pursuant to section 66-645.

(b)

All such acres for any one intensive facility need not be contiguous, if the operator owns or has the right to possession of all acres on which such facility shall be established. In addition, the operator shall be able to demonstrate that he has a right to access between any noncontiguous acres in such operation.

(c)

Livestock, dairy or poultry facilities in operation on April 5, 1995 which do not have sufficient acres, as required in this section, shall be considered nonconforming existing uses and may continue so long as the operation is not abandoned for as long as two years continuously and so long as there is no increase in the size or number of animals kept on the parcel at one time and so long as there is no diminution in the setbacks or total size of the parcel of land containing the facility.

(Amdmt. No. 95-3, 4-4-95)

Each livestock, dairy or poultry facility shall be set back from all existing dwellings not owned by the operator as follows:

(1)

From an existing dwelling in the agricultural-rural residential district, 300 feet.

(2)

From an existing dwelling in a different zoning district, 600 feet.

(Amdmt. No. 95-3, 4-4-95)

Each dwelling not owned by the operator shall be set back from all existing livestock, dairy or poultry facilities as follows:

(1)

From an existing livestock, dairy, or poultry facility in the agricultural-rural residential district, 300 feet.

(2)

From an existing livestock, dairy or poultry facility in a different zoning district, 600 feet.

(Amdmt. No. 95-3, 4-4-95)

The setback for intensive livestock, dairy or poultry facilities from property lines and public roadways shall be at least 150 feet.

(Amdmt. No. 95-3, 4-4-95)

All livestock, dairy or poultry facilities shall be set back at least 1,000 feet from incorporated towns and cities; platted residential subdivisions; residentially zoned districts; mobile home parks; public schools; churches; county-, city-, town- and community-owned buildings; public recreation areas; public wells, public springs and public water intakes.

(Amdmt. No. 95-3, 4-4-95)

The owner of an intensive facility constructed or completed after April 5, 1995 shall file with the zoning administrator a plat or similar documentation showing the entire parcel on which the facility is located and also showing the location of the facility within the parcel. With this plat or similar documentation, the owner shall submit a written statement, sworn to and subscribed before a notary public, by which the owner certifies to the zoning administrator that the intensive facility shown on the plat or similar documentation meets all applicable setback requirements of this article.

(Amdmt. No. 95-3, 4-4-95)

(a)

In the agricultural-rural residential district, an operator or a potential operator of a livestock, dairy or poultry facility may file with the zoning administrator a development plan which indicates the number, size and location of livestock, dairy or poultry structures planned for the parcel. When such development plan has been approved by and filed with the zoning administrator and during the period in which it remains in effect, the planned structures shall be required to meet setbacks only from those dwellings and uses existing at the time the development plan is approved. The zoning administrator shall approve the development plan within 30 days of receipt of the development plan, or, if the development plan does not meet the requirements of this article, the zoning administrator shall return the development plan to the person who submitted it, together with a written description of the portions of the development plan that do not comply with this article. (Amdmt. No. 98-1, 4-21-98)

(b)

The development plan shall be based on the requirements of this article and shall be accompanied by a plat or similar documentation verifying the accuracy of the distances shown in the development plan and containing all of the data required as specified pursuant to sections 66-638 to 66-643.

(c)

The development plan shall remain in force only as long as the structures proposed are constructed in accordance with the development plan and are placed in service as described in subsection (d) of this section.

(d)

At least one-third of the number of head of livestock or dairy animals, subject to this article, or one poultry structure indicated in the development plan must be placed into service within 36 months of the date on which the development plan is approved by the zoning administrator, unless at least one-third of the number of livestock, dairy or one such poultry structure is already in service on the parcel at the time the development plan is filed.

(e)

The operator shall notify the zoning administrator in writing within 30 days of placement into service of any structure indicated in the development plan.

(f)

If an operator fails to build the proposed structure or fails to have in place the minimum number of head required in subsection (d) of this section or fails to obtain building permits for any of the structures indicated in his development plan within the prescribed five-year period, the zoning administrator shall revoke the development plan. All future development plans of the structure on the parcel shall conform to the requirements of this article.

(g)

Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance a sign, no smaller than two square feet or larger than four square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "certified agricultural development site."

(h)

Nothing in this section shall be construed to prohibit an operator or a potential operator from submitting amendments to his original development plan or to submitting revised development plans at any time. The zoning administrator shall approve the amended or revised development plan, following the standards set forth in subsection (a) of this section, according to the terms of this chapter in effect at the time that the amendments or revisions are submitted to the zoning administrator.

(Amdmt. No. 95-3, 4-4-95)

(a)

After April 5, 1995, no intensive livestock, dairy or poultry facility shall commence operation until a nutrient management plan, as required by the commonwealth, for the proposed facility has been reviewed and approved by the state department of conservation and recreation or by the state cooperative extension service or by a person certified or employed by the commonwealth as a nutrient management planner.

(b)

If off-site disposal is part of the nutrient management plan, the operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the operator's facility or an affidavit, sworn and subscribed before a notary public, that states his intention to dispose of the waste through sale in retail establishments or otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application of use of the 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 operator shall notify the zoning administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination.

(c)

The facility shall also provide for the site, with or without a permanent structure, for the storage of animal wastes, if required by the commonwealth, and shall meet all applicable standards of the commonwealth. Notwithstanding this, if an operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, the zoning administrator, after consultation with the operator's engineer, may permit the storage site to be located on adjacent land owned by the operator, or, if there is a valid agreement for off-site disposal as provided in this section, the zoning administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal.

(d)

The nutrient management plan shall be reviewed and updated every ten years by an agent of the state department of conservation and recreation or by the state cooperative extension service or by a person certified or employed by the commonwealth as a nutrient management planner.

(e)

Each facility in operation or approved by the county prior to April 5, 1995 shall have a nutrient management plan on file with the zoning administrator on or before two years from April 5, 1995 or at such time an additional area developed to livestock raising, dairy or poultry housing, litter storage, manure storage, composting of dead birds or other activity which would increase nutrient output of the facility is placed into service on the same parcel, whichever shall occur first. After April 5, 1997, no facility subject to this article shall operate without such a nutrient management plan.

(Amdmt. No. 95-3, 4-4-95)