Amelia County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XXIII
Intensive Animal Confinement Facilities
§ 325-23.1 Intent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The intent of this chapter is to provide Amelia County farmers with guidance and standards in locating and operating intensive livestock, dairy and poultry facilities and all other structures used for these intensive agriculture operations. In doing so, the intent is to protect the public health and welfare and environment of Amelia County and its citizens, while providing for the orderly and responsible growth of the agricultural industries. Where permitted by this chapter, agricultural production activities including but not limited to tillage, crop production, harvesting, and raising and pasturing of animals shall be permitted uses as a matter of right subject to the standards of this article.
§ 325-23.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The keeping or raising of livestock under cover or in a confined lot for a total of 45 days or more in any twelve-month period. Examples of animal confinement include, but are not limited to, dairies, poultry houses, swine or veal operations, or feedlots.
A plan developed by the grower/operator or potential grower/operator indicating the size, number and location of animal confinement facilities planned during a five-year period.
A unit of measurement for general and intensive livestock operations. An animal unit (AU) is approximately equivalent to 1,000 pounds of live animal weight. The following scale will be used to calculate total animal units:
Slaughter cattle: each multiplied by 1.00.
Feeder cattle: each multiplied by 1.00.
Milking dairy cows: each multiplied by 1.50.
Young dairy stock: each multiplied by 0.60.
Swine, breeding stock: each multiplied by 0.40.
Swine, finishing hog over 55 lbs.: each multiplied by 0.15.
Swine, piglets under 55 lbs.: each multiplied by 0.03.
Sheep, lambs and goats: each multiplied by 0.25.
Horses: each multiplied by 2.00.
Turkeys: each multiplied by 0.02.
Laying hens and broilers: each multiplied by 0.01.
Veal calves: each multiplied by 0.08.
Other livestock, not listed above: to be determined case by case.
A strip of land located so that it separates and protects one type of use from another. Natural materials shall be used. Examples include, but are not limited to, several staggered rows of evergreen trees or an earthen berm.
A structure, reviewed and approved by the Piedmont Soil and Water Conservation District, or other appropriate agency, utilized for the disposal of dead fowl.
For the purpose of this article, either of the following shall constitute an existing dwelling:
A structure, designed for residential use, which is occupied on the date a completed application for a livestock, dairy or poultry facility permit is received by the office of the Zoning Administrator; or
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 which has been occupied for a thirty-six-month period of time within the five years immediately preceding the date on which a completed application for a livestock, dairy or poultry facility permit is received by the office of the Zoning Administrator.
A livestock, dairy or poultry facility which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry facility for a twelve-month period of time within the five years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.
Any hill, trees or combination thereof which completely blocks the view of the animal confinement facilities from public roads and any existing dwellings located on properties adjoining an animal confinement building.
A relatively small confined land area for fattening cattle or holding temporarily for shipment.
A dairy operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the above definition of "animal unit" and:
A livestock operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the above definition of "animal unit" and:
A poultry operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the above definition of "animal unit" and:
Such animals are or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period; and
Crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility. However, one standard poultry house shall be considered an intensive operation.
A swine operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the above definition of "animal unit" and:
The owner or operator of the livestock or swine facility, dairy, feedlot or poultry facility or the land on which the livestock, dairy, feedlot or poultry facility is located.
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, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.
Any storage sites where manure is kept for more than 60 days within a twelve-month period.
A plan reviewed and approved by the Piedmont Soil and Water Conservation District (PSWCD), the Virginia Cooperative Extension Service or other appropriate agency that provides for the use and/or disposal of livestock or poultry nutrients from the operation.
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 Clerk of Circuit Court of Amelia County.
Any fowl raised in a confined intensive growing environment.
§ 325-23.3 Setbacks.
The minimum setbacks for primary structures associated with new animal confinement operations shall be established as follows:
A.
Setbacks for feedlot, poultry, dairy and livestock operations.
(1)
Setback from all property lines shall be 300 feet.
(2)
Setback from public roadways shall be 150 feet.
(3)
Setback from existing dwellings, schools and churches shall be 600 feet.
(4)
Setbacks from adjoining zoning districts, designated on the Official Zoning Map at the time of the enactment of this article, shall be 600 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Setbacks for swine operations.
(1)
Setback from all property lines shall be 500 feet.
(2)
Setback from public roadways shall be 300 feet.
(3)
Setback from existing dwellings, schools and churches shall be 1,000 feet.
(4)
Setbacks from adjoining zoning districts, designated on the Official Zoning Map at the time of the enactment of this article, shall be 1,000 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Possible setback reduction. Setbacks may be reduced to a minimum of 200 feet from the property line by mutual consent of the intensive animal confinement operator and the affected adjacent landowners. Consent shall be evidenced by written, formal agreement with the following components:
D.
Setbacks for divided parcels. No intensive livestock, feedlot, dairy or poultry facility permitted under this chapter shall continue in operation if, after meeting the requirements for obtaining an intensive livestock, feedlot, dairy or poultry facility permit, land is divided from the parcel on which the intensive livestock, feedlot, dairy or poultry facility is located, such that the setback requirements no longer conform to this chapter.
E.
Setbacks for existing operations. In the A-5 and RP-5 Zoning Districts, all intensive livestock, dairy and poultry facilities that exist on the effective date of the revised chapter shall be deemed to be in compliance with all setback requirements. However, all new structures must comply with setback requirements with the exception that owners may construct new structures in the agricultural district that do not provide the minimum setback if existing facilities fail to satisfy that particular setback. When the exception provision is used, setbacks for new structures will be no less than the distance provided by existing facilities.
§ 325-23.4 Replacement and reconfiguration of animal confinement facilities.
Replacement or reconfiguration of animal confinement facilities in operation as of the effective date of this amendment to this chapter but which do not meet the requirements of this article are permitted provided that:
A.
There is no increase in the square footage devoted to the livestock operation, dairy or poultry house on the parcel and no increase in the number of dairy, feedlot or swine numbers or increase in the area of poultry housing.
B.
Replacement facilities do not encroach upon any setbacks required under this article to a greater extent than the facilities being replaced.
C.
A nutrient management plan is obtained as provided for in this article.
§ 325-23.5 Certified plat required.
Each application for a livestock, feedlot, dairy or poultry facility shall be accompanied by a plat of the entire parcel with location of proposed facility prepared and signed by a land surveyor or civil engineer licensed by the Commonwealth of Virginia certifying that the proposed livestock, feedlot, dairy or poultry facility meets all applicable setback requirements of this chapter and showing the direction and distances to nearest existing dwellings, mobile home parks, mobile home subdivisions, platted residential subdivisions, residentially zoned districts, adjoining zoning districts, schools, churches, public wells or rural service areas listed under other setbacks.
§ 325-23.6 Animal confinement facility development plans.
A.
Any intensive livestock raiser, dairy or feedlot operator or poultry grower or a potential raiser, owner, grower shall file with the Zoning Administrator a development plan which indicates the number, size and location of livestock, feedlot, dairy or poultry facilities planned for the subject parcel and the date the facility is scheduled to commence operation. When such development plan has been approved and filed with the Zoning Administrator and during the period in which it remains in effect, the planned facilities shall be obliged to meet setbacks only from those dwellings and uses existing at the time the development plan is approved. The Zoning Administrator shall approve the animal confinement development plan prior to the construction of the feedlot or animal confinement facility. (It is strongly recommended that new poultry operators consult with representatives of the Virginia Contract Growers Association prior to developing their Animal Development Plan in order to ensure knowledge of all aspects of this activity.)
B.
The development plan shall be based on the requirements of this article and shall be accompanied by a plat prepared and signed by land surveyor or civil engineer certified by the Commonwealth of Virginia verifying the accuracy of the distances shown in the development plan and containing all of the data required on the certified plats.
C.
The development plan shall remain in force only so long as the facilities proposed are constructed in accordance with the development plan and are placed in service in a timely manner.
D.
At least 1/3 of the number of head of livestock or dairy animals subject to this article or one poultry facility indicated in the development plan must be placed into service within 12 months of the date on which the development plan is approved by the Zoning Administrator, unless at least 1/3 of the number of livestock, dairy or one such poultry facility is already in service on the subject parcel at the time the development plan is filed. Zoning approval for any subsequent facilities indicated in the development plan may only be obtained if no more than 60 months have passed since the date on which the development plan was approved for a parcel by the Zoning Administrator.
E.
The grower/operator shall notify the Zoning Administrator, in writing, within 30 days of placement into service of any facilities indicated in his/her development plan.
F.
In the event a grower/operator fails to build or have in place the minimum facilities required in Subsection D above and indicated in the development plan within 12 months of obtaining zoning approval for the facility, or fails to obtain zoning approval for any of the facilities indicated in his/her development plan within the prescribed five-year period, the Zoning Administrator shall revoke the development plan and all future development plans of facilities on the subject parcel shall strictly conform to the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Each parcel for which a development plan has been approved by the Zoning Administrator shall display at its entrance, within 30 days of said approval, a sign not 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." Fabrication, installation and all costs of said sign(s) shall be the responsibility of the grower/operator.
H.
Nothing herein shall be construed to prohibit an operator or potential operator from submitting amendments to his/her 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 procedures listed above, according to the terms of this chapter in effect at the time that the amendments or revisions are submitted to the Zoning Administrator.
§ 325-23.7 Nutrient management plan.
A.
On or after the effective date of this amendment to this chapter, no facility permit shall be issued until a nutrient management plan for the proposed facility has been reviewed and approved by the Piedmont Soil and Water Conservation District, the Virginia Cooperative Extension Service, or other appropriate agency and accepted by the Zoning Administrator. Each facility already in operation or approved by the County prior to the effective date of this amendment to this chapter shall have a nutrient management plan on file with the Zoning Administrator on or before two years from the effective date of this amendment or at such time an additional area devoted 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 two years from the effective date of this amendment, no facility subject to this article of this chapter shall operate without such a nutrient management plan.
B.
The nutrient management plan shall provide for the safe disposal or use of 100% of the manure or animal waste produced by each 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 and other appropriate agencies. Alternative methods of disposal may be used as approved by appropriate state and 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 ground or surface water pollution and, where applicable, comply with the Chesapeake Bay Preservation Act.[1] Each nutrient plan shall be subject to review by an agent of the Piedmont Soil and Water Conservation District, the Virginia Cooperative Extension Service or other appropriate agency.
[1]
Editor's Note: See § 62.1-44.15:67 et seq., Code of Virginia.
C.
If off-site disposal is part of the nutrient management plan and is otherwise permitted under the provisions of this article, the grower/operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the grower's facility or an affidavit, sworn and subscribed before a notary public, that states his/her intention to dispose of the waste through sale in retail establishments or otherwise to consumers. Documentation shall specify the duration of the agreement and the nature of the application or 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 grower/operator shall notify the Zoning Administrator, in writing, at least 30 days before the expiration of any such agreement or within five days whenever such an agreement is terminated before its stated expiration date.
D.
Storage site.
(1)
The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of animal wastes and shall:
(a)
Be located on the same parcel as the facility to which it is an accessory use; and
(b)
Meet all applicable requirements and standards of the Commonwealth of Virginia or any department or division thereof; and
(c)
Meet the setback requirements of this article; and
(d)
Be protected from the elements; and
(e)
Be approved by the Virginia Cooperative Extension Service or other applicable agency and shall:
[1]
Be located on an impermeable base;
[2]
Be out of all drainways; and
[3]
Have sufficient capacity to accommodate 100% of the waste produced by each facility in operation on the parcel during the four consecutive months in which the maximum number of heads of animals are on the parcel. Poultry waste not stored on the parcel may be exempt from a storage facility provided that waste is transported directly from the poultry house to another area, property, or receiver for immediate field application or an approved storage facility located on another parcel.
(2)
Notwithstanding this section, if a grower/operator 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/operator's engineer, may permit the storage site to be located on adjacent land owned by the grower/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.
E.
Notwithstanding the provisions of this section, a grower/operator whose facilities were in operation prior to the effective date of this amendment to this chapter, in attempting to comply with the requirement to provide a litter storage site within two years from the adoption of this amendment, may locate an animal waste storage site within any setback otherwise required in this article upon satisfaction that the storage site will not encroach upon setbacks to a greater extent than the existing facility.
F.
The nutrient management plan shall be reviewed and updated every five years by the Piedmont Soil and Water Conservation District, the Virginia Cooperative Extension Service or other appropriate agency and by the Zoning Administrator, and more frequently if deemed necessary or advisable by the County or its agent.
G.
Best management practices shall be employed in the timing of the spreading of nutrients and in the cleanliness and operation of the facility to ensure that odors are kept to a minimum.
§ 325-23.8 Screening of intensive animal facilities.
In siting the location of intensive animal facilities, every effort should be made to use existing natural buffers to screen the facility. Existing natural buffers should be supplemented by newly created buffers to provide screening for the facility over a ten-year period. The screening plan shall be part of the Animal Confinement Development Plan.
§ 325-23.9 Erosion and sedimentation control requirements.
An erosion and sedimentation control plan shall be submitted for approval to the Zoning Administrator and shall be reviewed and approved by the Piedmont Soil and Water Conservation District. The plan shall be monitored and the provisions of the plan be enforced by the Amelia County Erosion and Sediment Control Officer. The soil erosion and sedimentation control plan shall be approved prior to the issuance of the zoning permit.
§ 325-23.10 Dead animal disposal.
Dead animals shall be disposed of by a procedure approved by the State Veterinarian's office of the Virginia Department of Agriculture and Consumer Services, Division of Animal Health. Dead bird disposal facilities, such as composters, covered pits or incinerators, shall be approved methods of disposal for normal mortality, but shall not be considered sufficient to receive catastrophic mortalities over 10% or 5,000 pounds, whichever is greater. At no time shall dead animals in excess of 10% or 5,000 pounds catastrophic mortality, whichever is greater, be buried on the parcel, but they shall be transported, in accordance with state animal health laws as may be prescribed by the State Veterinarian, if applicable, to the nearest approved landfill or rendering facility for disposal. Such disposal shall be approved by the owner of the birds, who shall bear all expenses of the disposal.
§ 325-23.11 Zoning permit requirements.
A zoning permit shall be required prior to the construction of any poultry facility or the expansion of any poultry facility. The zoning permit, which is issued by the Zoning Administrator, shall not be issued until the applicant has submitted an erosion and sedimentation control plan, a nutrient management plan and a poultry development plan. These items shall be approved prior to the issuance of the zoning permit by the Zoning Administrator and before construction may begin.
§ 325-23.12 Prior permits valid.
The provisions of this article notwithstanding, a intensive animal facility permit approved by the County prior to the adoption of this article shall be valid, as issued, on condition that all requirements set forth in the permit are met and construction is completed within 24 months from the adoption of this article. See nutrient management plan requirements.
§ 325-23.13 Variances.
Any variances to the provisions of this article must be approved by the County of Amelia Board of Supervisors through the same procedures as set forth in Article IV of this chapter regarding special exception permits.