This section is intended 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. Where permitted by the zoning ordinance, agricultural production activities including, but not limited to, tillage, crop production, harvesting, raising and pasturing of animals shall be permitted uses as a matter of right subject to the standards contained herein.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

For the purposes of this article, the following definitions shall apply:

Animal unit: A unit of measure used to determine the total number of single animal types or a combination of animal types which are fed, confined, maintained or stabled in an agricultural operation. One animal unit equals 1,000 pounds of live weight.

Existing dwelling:

(1)

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

(2)

A structure, designed for residential use, which is not occupied on the date a completed application is received, but has been issued a valid building permit prior to the application for the facility; or

(3)

A structure, designed for residential use, which has been legally occupied for a cumulative period of at least 36 months within the 60-month period of time prior to the date on which a completed application for a livestock dairy or poultry facility is received.

The zoning administrator may request additional documentation from the applicant or other regulated party to determine if the structure qualifies as an "existing dwelling" as defined.

Intensive livestock, dairy facility: A facility or operation and any accessory uses or structures including, but not limited to, feed storage bins, litter storage sites, incinerators or manure storage sites which at any one time has at least 300 animal units present at the facility or operation, or any operation or facility determined by the Commonwealth of Virginia or any department or division thereof to be an intensive facility or operation, subject to the requirements of section 22-267 of this article. In no case shall a facility as defined herein exceed a cumulative total of 1,000 animals units.

Intensive poultry facility: A poultry facility or operation and any accessory uses or structures, including but not limited to, poultry houses, feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for collection of dead poultry which at any one time has at least 300 animal units present at the facility or operation, or a facility or operation determined by the Commonwealth of Virginia or any department or division thereof to be an intensive facility or operation, subject to the requirements of section 22-267 of this article. In no case shall a facility as defined herein exceed a cumulative total of 1,000 animal units.

Operator, livestock raiser, dairy operator, poultry grower: The owner and/or operator of the livestock, dairy or poultry facility.

Parcel: A piece of land identified as being separate from other pieces of land by a written description or plat of survey in an instrument of conveyance or devise or on a subdivision or plat, recorded in the offices of the clerk of the circuit court of this county.

Livestock, dairy, or poultry facility: Any livestock, dairy, or poultry facility or operation and any accessory uses or structures, including, but not limited to, feed storage bins, litter storage sites, incinerators or manure storage sites, which at any one time has at least 150 animals units and which is occupied or has been previously occupied or operated by an operator for a cumulative total of at least 12 months during the previous sixty-month period from the date when zoning approval is sought for dwelling or any livestock, dairy or poultry facility or operation.

Immediate family or immediate family member: Any legal sibling, parent, grandparent, grandchild, child or spouse of the operator of the facility. This term shall not include any aunts, uncles, nieces, nephews, cousins or any other next of kin of the operator of the facility.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

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

(1)

Intensive livestock or dairy facility—100 acres or the number of acres required by an approved nutrient management plan, whichever amount is greater. All parcels of land which comprise the facility and are used in its nutrient management plan for liquid waste disposal shall be contiguous.

(2)

Intensive poultry facility—20 acres or the number of acres required by an approved nutrient management plan, whichever amount is greater. All parcels of land which comprise the facility and are used in its nutrient management plan need not be contiguous. The operator shall provide evidence acceptable to the zoning administrator of his legal right of access or proof of ownership of any such noncontiguous parcels associated with the facility or nutrient management.

(3)

Livestock or dairy facilities with at least 150 animal units—50 acres. In addition, the operator shall submit a development plan and a nutrient management plan for waste disposal subject to the guidelines established herein. All parcels of land associated with the facility for liquid waste disposal shall be contiguous.

(4)

Poultry facilities with at least 150 animal units—ten acres. In addition, the operator shall submit a development plan and a nutrient management plan for waste disposal subject to the guidelines established herein. Land associated with the facility and used in meeting the minimum acreage requirements shall be contiguous.

(5)

Existing livestock, dairy or poultry facilities in existence and in operation on the effective date of this article as determined by the zoning administrator that do not meet the minimum acreage requirement shall be considered nonconforming uses and may continue only so long as the existing use of the facility is not interrupted for more than 24 consecutive months, or the use is not enlarged, except as may be otherwise permitted hereunder. Except as expressly set forth herein to the contrary, non-conforming uses under this article shall be governed by article VI of this chapter.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

(a)

Minimum setbacks for new livestock, dairy or poultry facilities established with at least 150 animal units, including without limitation intensive, dairy or poultry facilities, shall be set back from property lines, structures and other designated areas as follows:

(1)

From existing dwellings owned by the facility operator or immediate family member of the operator—300 feet. Written documentation of an agreement sworn and subscribed before a notary public between the affected operator and immediate family member shall be required. Otherwise, the setback requirements of subsection (2) below shall apply.

(2)

From existing dwellings not owned by the facility operator or immediate family member of the operator—1,000 feet.

(3)

From other existing like facilities—One mile (5,280 feet) (e.g. livestock/livestock, dairy/dairy, poultry/poultry).

(4)

From public roadways—500 feet.

(5)

From all other property lines not abutting a public roadway if all property adjacent to the applicable property line(s) is owned by the facility operator—15 feet.

(6)

From all other property lines not abutting a public roadway if all property adjacent to the applicable property line(s) is not owned by the facility operator—300 feet.

(7)

From incorporated towns residentially zoned districts, rural service areas, manufactured home parks, schools, colleges, churches, county, state or federally owned buildings; county, town, or community recreation areas; public wells, springs and water intakes—2,000 feet.

(8)

Any existing livestock, dairy or poultry facilities in operation on the effective date of this article, as determined by the zoning administrator, that do not meet the setback requirements of this article shall be considered nonconforming uses and nonconforming structures so long as the existing use of the facility or structures(s) is not interrupted for more than 24 consecutive months. Existing livestock, diary, or poultry facilities shall be permitted a one-time expansion to an amount not to exceed 150 animal units above the facility's present number of animal units, so long as the existing setbacks of the facility, if less than prescribed herein, are not further reduced. Said expansion may occur only after a development plan and a nutrient management plan for waste disposal is submitted by the operator and is approved pursuant to the provisions of this article. Any subsequent additions or expansions to the facility that would result in at least a total of 151 animal units shall comply with all applicable setbacks of this chapter.

(b)

Setbacks for new dwellings from existing livestock, dairy, or poultry facilities having at least 150 animal units shall be as follows:

(1)

Dwelling and facility owned by operator of the facility or immediate family member of the operator—300 feet. Written documentation of an agreement sworn and subscribed before a notary public between the affected operator and immediate family member shall be required. Otherwise, the setback requirements of subsection (2) below shall apply.

(2)

Dwelling and facility not owned by operator or immediate family member of operator—1,000 feet.

(3)

Existing parcels or dwellings on the effective date of this article that do not meet the setback requirements of this article shall be considered nonconforming lots and nonconforming structures. Any new dwellings, or additions to, dwellings on such nonconforming lots that cannot meet the setback requirements of this section need only comply with the setbacks otherwise applicable to the zoning district in which the dwelling or addition is to be located. Parcels created on or after the effective date of this article shall comply with all applicable setbacks of this chapter.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1; Ord. of 9-20-11, § 1)

The operator of a livestock, dairy or poultry facility constructed, expanded or completed after the effective date of this chapter shall file with the zoning administrator, a plat or similar documentation acceptable to the zoning administrator showing the entire parcel or parcels on which the facility is located and also showing the location of the facility within such parcel or parcels. With this plat or similar documentation, the operator shall submit a written statement, sworn to and subscribed before a notary public, by which the operator certifies to the zoning administrator that the facility shown on the plat or similar documentation meets all applicable setback requirements of this article and that the plat or similar documentation is a complete and accurate depiction of the facility on the parcel or parcels.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

(a)

An operator or a potential operator shall file with the zoning administrator, a development plan which indicates the number, size and location of livestock, dairy or poultry facilities planned for the subject parcel and the date the facility is scheduled to commence operations. When such 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 be obtained 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 45 days of receipt if such development plan meets the requirements of this article. However, 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 portion(s) of the development plan that do not comply with this article.

(b)

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

(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 accordance with the development plan and the provisions of this article.

(d)

At least one-third 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 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 facility is already in service on the subject parcel or parcels 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 by the zoning administrator. Otherwise, a new development plan shall be filed with and approved by the zoning administrator pursuant to the provisions of this article then in effect.

(e)

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

(f)

In the event an operator fails to build the proposed facility or have in place the minimum number of animals required or fails to obtain zoning approval for any of the facilities indicated in his development plan within the applicable time, the zoning administrator shall revoke the development plan. All future development plans of facilities on the subject parcel or parcels shall conform to the requirements of this article in effect at the time such future plan is submitted for approval.

(g)

Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance, within 15 days of said approval, a sign not less 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 operator.

(h)

Nothing herein shall be construed to prohibit an operator or a potential operator from submitting amendments to his or her original development plan or to submitting revised development plans at any time. The zoning administrator shall approve or reject the amended or revised development plan according to the terms of the zoning ordinance in effect at the time that the amendments or revisions are submitted to the zoning administrator. The approval of a revised or amended development plan does not, however, constitute an extension of time for implementation of the original plan.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

(a)

On or after the effective date of this amendment to the zoning ordinance, no facility consisting of at least 150 animal units shall commence operation until a nutrient management plan for the proposed facility has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner.

(b)

If off-site disposal for dry waste is part of the nutrient management plan and is otherwise permitted under the provisions of this article, the operator shall provide, as a 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/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 operator shall notify the zoning administrator in writing at least 30 days before the expiration of any such agreement or within five days after any such agreement is terminated before its stated expiration date.

(c)

The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of animal wastes which shall meet all applicable requirements and standards of the Commonwealth of Virginia or any department or division thereof. If an 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 operator's engineer, may permit the storage site to be located on land owned by the operator adjacent to the facility; or, if there is a valid agreement for off-site disposal as provided in this article, the zoning administrator may permit the storage site to be located on a parcel specified in the agreement for such off-site disposal.

(d)

The nutrient management plan unless sooner required by the provisions of this article or by the Commonwealth of Virginia or any department or division thereof, shall be reviewed and updated every ten years by an agent of the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner.

(Ord. of 3-1-95; Ord. of 11-16-10, § 1)

The intent of this division is to encourage economic development in the county based on the county's historical, recreational and agricultural resources.

(Ord. of 8-17-21(6) [A-21-8], § (1))

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Agricultural products: Means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.

Agritourism activity: Means any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity.

Agritourism event: A planned public, private, or business occasion or gathering where 300 people or less are reasonably anticipated to be in attendance at any one time.

Aquaculture: Means land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale.

Cider mill: Means a mill that extracts juice from apples to make apple cider.

Cidery: A place where cider is produced.

Craft brewery: A brewery that produces small amounts of beer and is independently owned.

Craft distillery: A small distillery that produces beverage grade spirit alcohol usually in small single batches.

Creamery: An establishment where milk and cream are processed, and dairy products are sold.

Farm or ranch: Means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

Farm market: Means the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm, where a minimum of one acre of crops are grown on-site and 51 percent of the agricultural products offered for sale are or have been produced by the farm operator and/or other farm operators within the Commonwealth.

Farm stay: Visiting a farm overnight, with short term rental accommodations, as a paying guest in two or less structures, not exceeding six bedrooms total, providing some experience of rural life. The structures may not be used as a dwelling defined as a place of residence or habitation, except accommodations in a main farm residential structure.

Farm winery: An establishment (a) located on a farm in the county on land zoned agricultural with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume or (b) located in the county on land zoned agricultural with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume.

Greenhouse and/or nursery: Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential consumers and private use.

Land zoned agricultural: Means (a) land zoned as an agricultural district or classification or (b) land otherwise permitted by a locality for agritourism use.

Private event: A private gathering where over 300 people are invited, limited to members, guests of members of a family, or organization where the event is not open to the general public.

Public event: A planned event open to the general public where over 300 people are anticipated to be in attendance at any one time.

Seasonal: Means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round.

Wine: Means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation.

(Ord. of 8-17-21(6) [A-21-8], § (1))

(a)

The following agritourism uses, in zoning districts where agritourism is allowed, are permitted by-right:

(1)

Aquaculture.

(2)

Cidery, Cider mill

(3)

Craft Brewery, Craft Distillery

(4)

Creamery

(5)

Farm or ranch, including:

(i)

Farm market.

(ii)

Seasonal self-pick fruit and vegetable operations.

(iii)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

(6)

Farm stays.

(7)

Farm winery.

(8)

Greenhouse, and/or nursery.

(9)

Exhibits and museums related to farm or agricultural production.

(10)

Facility tours.

(11)

Agri-education activities.

(12)

Hayrides.

(13)

Picnics, self-provided or purchased on-site.

(14)

Agritourism events

(15)

Other events and activities which are considered usual and customary at agricultural operations and which do not have a substantial impact on the health, safety, and general welfare of the public, as determined by the zoning administrator.

(Ord. of 8-17-21(6) [A-21-8], § (1))

(a)

The following farm winery, cidery, craft brewery, and craft distillery activities, in zoning districts where agritourism is allowed, are permitted by right:

(1)

Production of agricultural products used in the manufacture of wine, cider, beer, or alcohol.

(2)

On-premises sale, tasting, or consumption of products during regular business hours within the normal course of business of a licensed winery, cidery, craft brewery, and craft distillery.

(3)

Direct sale and shipment of products.

(4)

Storage and warehousing of products.

(5)

Private personal gatherings by the property owner.

(6)

Other events and activities which are considered usual and customary at such establishments and which do not have a substantial impact on the health, safety, and general welfare of the public, as determined by the zoning administrator.

(Ord. of 8-17-21(6) [A-21-8], § (1))

(a)

An agritourism location may host public and private events by-right, if the following standards are met:

(1)

A minimum parcel area of 25 acres under same ownership.

(2)

A total limit of 36 days of public and private events per year.

(3)

Events must conclude by 11:59 p.m. on Friday and Saturday and by 10:00 p.m. on Sunday through Thursday.

(4)

Areas used for events and parking shall have a two hundred-foot setback from the exterior boundary of all adjacent properties not under the same ownership unless a written waiver, which may be revoked, has been obtained from adjacent landowner.

(5)

All exterior lighting shall be dark-sky compliant.

(6)

If a property does not meet the preceding requirements contained in (1)—(5), the use may be allowed with an approved conditional use permit with fees waived. Conditions may be imposed, including conditions to ensure that impacts on the health, safety, or welfare on the public are adequately addressed.

(7)

Maximum attendance. The maximum attendance at a private or public event is limited to 300 people in attendance at any one time. The maximum attendance does not include any owners or employees of the establishment or vendors providing goods or services to the event. A private or public event with anticipated attendance above the maximum attendance, shall be deemed a special event requiring a special event permit in accordance with Dinwiddie Code § 3-16 et seq.

(8)

Outdoor amplified music must be in accordance with Dinwiddie Code § 15-1.

(Ord. of 8-17-21(6) [A-21-8], § (1))

(a)

All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, local laws, regulations and taxation. This includes, but is not limited to, compliance with Code of Virginia, Section 3.2-6402(A), requiring the posting and maintaining of certain warning signs.

(b)

All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing during operation of the activities. This shall include the business license required by Article I of Chapter 13 of this Code if such activities meet the requirements of that chapter.

(c)

Building permits and inspections are required on all buildings whose primary use is not devoted to production agricultural use.

(d)

If an activity or event is not allowed by Division 2—Agritourism, then the activity is not allowed unless it complies with other commercial or event activities permitted by the zoning code.

(Ord. of 8-17-21(6) [A-21-8], § (1))

(a)

If, at the time of enactment of this ordinance, any legal agritourism activity is actively occurring on a parcel, and does not conform to the provisions of this ordinance, such manner of use or purpose may be continued, if in compliance with Dinwiddie Code §§ 22-246 et seq.

(b)

All nonconforming uses shall obtain a zoning permit within 60 days after adoption of ordinance amendments in accordance with Dinwiddie Code § 22-247.

(Ord. of 8-17-21(6) [A-21-8], § (1))