It is the intent of this article to provide for the continued security of the County's agricultural sector by encouraging the orderly and responsible growth of its poultry industry.

(Code 1990, § 14-122)

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:

(1)

A structure designed for residential use, which is occupied on the date a completed application for a poultry facility permit 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 which has been occupied for any period of time within the five (5) years immediately preceding the date on which a completed application for a poultry facility permit is received by the office of the zoning administrator.

Existing natural buffer means any hills or trees in any combination which completely blocks the view of a poultry house or processing facility from public roads and any existing dwellings located on properties adjoining a poultry house or processing facility.

Grower or owner means the owner of the poultry house or processing facility or of the land on which the facility is located.

Poultry house means a structure, the purpose of which is to house and shelter poultry, together with accessory uses or structures, including, but not limited to, facilities utilized for disposal of dead birds by a procedure approved by the appropriate State regulatory agencies.

Poultry processing facility means any facility for the processing of chickens for meat, including, but not limited to, facilities utilized for slaughter, meat packing and disposal of dead birds by a procedure approved by the appropriate State regulatory agencies.

(Code 1990, § 14-123; Ord. No. 14-07, 11-18-2014)

Cross reference— Definitions generally, § 1-2.

Each poultry house shall be set back from all existing dwellings not owned by the grower a distance of three hundred (300) feet. In addition, one (1) of the following buffers shall be required for all poultry houses placed into operation after October 5, 1992:

(1)

An existing natural buffer between the existing dwelling and the new poultry house; or

(2)

A buffer consisting of three staggered rows of native evergreens between the existing dwelling and the poultry house.

Each poultry processing facility shall be set back from all properties with existing dwellings not owned by the processor a distance of 300 feet. Within this setback, no structures or parking lots are allowed. Additionally, within this setback, a vegetative buffer of 100 feet is required. The buffer may be comprised of an existing, well established natural area with extensive tree cover, or may consist of five staggered rows of planted evergreens, with a minimum of one evergreen per 30 lineal feet in each row. The buffer shall be provided in the 100 feet of the setback closest to the adjacent residence.

(Code 1990, § 14-124; Ord. No. 14-07, 11-18-2014)

(a)

The setback for poultry houses from property lines shall be at least 150 feet.

(b)

The setback for poultry houses from the ditch line of public roadways shall be as follows:

(1)

At least 150 feet from Route 60, Route 45 and Route 13.

(2)

At least 100 feet from all other public roadways.

(c)

The setback for poultry processing facilities from property lines shall be 300 feet.

(Code 1990, § 14-125; Ord. No. 14-07, 11-18-2014)

All poultry houses shall be set back at least 1,000 feet from incorporated towns, residentially zoned districts as provided in articles VI, VII, VIII, and X of this chapter, public schools, county, town and community recreation areas, public wells, springs and water intakes.

(Code 1990, § 14-126; Ord. No. 14-07, 11-18-2014)

All poultry processing facilities shall be located with direct access to Route 13, 45, or 60. Prior to the issuance of any building permit, an entrance permit will be required from the Virginia Department of Transportation (VDOT).

(Ord. No. 14-07, 11-18-2014)

(a)

In the A-2 district, a grower or a potential grower or processing facility shall file with the zoning administrator a development plan which indicates the number, size and location of all structures planned for the subject parcel. When a poultry development plan has been filed with and approved by the zoning administrator and during the period in which it remains in effect, the planned facilities shall meet setbacks only from those dwellings existing at the time the poultry development plan is approved.

(b)

The poultry development plan shall be based on the requirements of this article and shall be accompanied by a plan of development verifying the accuracy of the distances shown in the poultry development plan.

(c)

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.

(d)

For poultry houses, at least one poultry house indicated in the poultry development plan must be placed into service within 24 months of the date on which the poultry development plan is approved by the zoning administrator unless at least one such poultry facility is already in service on the subject parcel at the time the poultry development plan is filed. Zoning approval for any subsequent poultry facility indicated in the poultry development plan may only be obtained if no more than five years have passed since the date on which either:

(1)

A poultry development plan was approved for a parcel with at least one poultry facility already in service at the time of approval; or

(2)

Zoning approval was obtained for a poultry facility which has been placed into service under the approved poultry development plan for the subject parcel.

(e)

The grower or owner shall notify the zoning administrator, in writing, within 30 days of the placement into service of any structure indicated in his poultry development plan.

(f)

If a grower or owner fails to build a poultry house or processing facility indicated in the poultry development plan within 24 months of obtaining approval for the poultry facility or fails to obtain zoning approval for any of the poultry facilities indicated in his poultry development plan within the prescribed five-year period, the zoning administrator shall revoke the poultry development plan, and all future development of poultry facilities on the subject parcel shall strictly conform to the requirements of this article.

(g)

For any poultry processing facility, the applicant must provide an engineer's certification that the provision of adequate and necessary water supply and waste disposal for the site can be accomplished without significant negative effects on adjacent properties.

(h)

For any poultry processing facility seeking to use county wastewater facilities, the developer or owner must obtain all necessary permissions to use the wastewater facilities. If the developer is not able to obtain all necessary permissions, all waste must be treated on-site in strict accordance with all federal, state and local laws, regulations and ordinances.

(i)

All poultry processing facilities are subject to the standards enumerated in section 74-549(a).

(Code 1990, § 14-127; Ord. No. 14-07, 11-18-2014)

Editor's note— Ord. No. 14-07, adopted Nov. 18, 2014, renumbered §§ 74-996—998 as §§ 74-997—999. The historical notes of said sections have been preserved for reference purposes.

(a)

After October 5, 1992, no poultry facility permit shall be issued until a nutrient management plan for the proposed poultry facility has been approved or is pending approval by the Peter Francisco Soil and Water Conservation District and is on file with the zoning administrator.

(b)

The nutrient management plan shall provide for the lawful disposal or use of 100 percent of the poultry waste produced by each poultry facility.

(c)

The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of poultry wastes.

(d)

The nutrient management plan shall be revised every five years or more frequently if deemed necessary by the county. All revised nutrient management plans shall be reviewed and approved or disapproved by the Peter Francisco Soil and Water Conservation District.

(Code 1990, § 14-128; Ord. No. 14-07, 11-18-2014)

Note— See editor's note at § 74-997.

The provisions of this article notwithstanding, a poultry facility permit approved by the county prior to October 5, 1992, shall remain valid, as issued, on condition that all requirements set forth in the permit are met and construction is completed by October 5, 1994.

(Code 1990, § 14-129; Ord. of 10-5-1992; Ord. No. 14-07, 11-18-2014)

Note— See editor's note at § 74-997.