The purpose of this article is to outline the process and requirements for the construction, installation, operation and decommissioning of utility scale solar generation facilities and other uses in a manner that promotes economic development and ensures the protection of health, safety, and welfare while also avoiding and minimizing adverse impacts to agricultural lands, endangered species habitats, conservation lands to include rivers and streams, lakes, ponds and other sensitive lands. This division is not intended to replace safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this division shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. of 10-16-2024(2), § 1)

In Solar, General District S-1, the following uses, together with ordinary and necessary accessory uses, shall be permitted, and no others.

(Ord. of 10-16-2024(2), § 1)

The following uses shall be permitted by right:

Agricultural Uses

Agriculture

Conservation areas

Farm sales

Miscellaneous Uses

Accessory uses

Cemeteries, non-commercial

Greenhouses, non-commercial

Mobile food unit

Small scale solar generation facility

Utilities, minor

(Ord. of 10-16-2024(2), § 1; Ord. of 09-17-2025(3), § 1)

The following uses shall be permitted by special use permit only:

Agricultural Uses

Agricultural enterprise

Agricultural sales, wholesale

Livestock feed lots, commercial

Livestock sales yards, commercial

Commercial Uses

Communications service

Industrial Uses

Minor scale solar generation facility

Telecommunication facilities

Utilities, major

Utility scale solar generation facility

(Ord. of 10-16-2024(2), § 1)

Sign regulations shall conform to Article 15 of this chapter.

(Ord. of 10-16-2024(2), § 1)

Buildings and structures may be erected up to 35 feet in height, except that:

(A)

Spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials may be erected to a height of 60 feet from grade. Parapet walls may be up to four feet above the height of the building on which the walls rest. Buildings and structures used for agricultural purposes, including barns, silos, windmills and the like, may be erected to a height of 90 feet from grade.

(B)

No accessory building which is within 15 feet of any property lot line shall be more than one story high. All accessory buildings and structures, other than those permitted under subsection (A) above, shall be less than the main building or structure in height.

(Ord. of 10-16-2024(2), § 1)

This section (sections 22-3-5 through 22-3-5.4) encourages economic development, preserves farm land, and promotes the orderly and responsible growth of the livestock, dairy and poultry industries. In the Solar (S-1) district, all agricultural production uses, including the uses defined herein as intensive livestock, dairy and poultry facilities, shall be permitted by right.

(Ord. of 10-16-2024(2), § 1)

For the purpose of sections 22-3-5 through 22-3-5.4, the following terms shall have the meaning indicated:

(1)

Livestock includes all domestic or domesticated animals, including, but not limited to: cattle, sheep, lambs, hogs, goats, horses, poultry and furbearing animals.

(2)

Intensive livestock, dairy or poultry facility means a livestock, dairy or poultry operation where, for a period of 45 consecutive days or more, 300 animal units are closely confined and not free-ranging, and are fed in the area of confinement. For the purpose of this article, 300 animal units shall be equivalent to any of the following, or any combination thereof where the animals are confined in one location:

Livestock: 300 slaughter or feeder cattle

Livestock: 750 swine each weighing over 55 pounds

Livestock: 150 horses

Livestock: 3,000 sheep, lambs, or goats

Livestock: 16,500 furbearing animals such as rabbits or chinchilla

Dairy: 200 mature dairy cows (whether milked or dry cows)

Poultry: 16,500 turkeys

Poultry: 30,000 laying hens or broilers

(3)

Intensive livestock, dairy or poultry structure means a building, structure or other improved area used in the operation of an intensive livestock, dairy or poultry facility; including, but not limited to, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, or dead poultry cold storage chests. The term shall not include structures that are used only indirectly in the operation of the facility.

(4)

Operator means any person who operates an intensive livestock, dairy or poultry facility, or the land on which it is located.

(5)

Poultry means any domestic or domesticated fowl raised for meat or eggs; including, but not limited to, chickens and turkeys.

(6)

Existing intensive livestock, dairy or poultry structure means an intensive livestock, dairy or poultry structure that has been in operation for one year within the five years immediately preceding the date on which a building or zoning permit is sought for a dwelling.

(Ord. of 10-16-2024(2), § 1)

(1)

Except as otherwise expressly provided in this section, each intensive livestock, dairy or poultry structure shall be set back 300 feet from any property line.

(2)

Any dwelling not owned by the operator shall be set back 300 feet from any existing intensive livestock, dairy or poultry structure.

(3)

Each intensive livestock, dairy or poultry structure shall be setback at least 200 feet from the right-of-way of any secondary road, and at least 300 feet from the right-of-way of any primary highway.

(4)

Each intensive livestock, dairy or poultry structure shall be setback at least 1,000 feet from any incorporated town, public school, place of worship, public water intake from a stream or river and from the boundary of any adjacent residential district.

(Ord. of 10-16-2024(2), § 1)

(1)

Any person who intends to establish or expand an intensive livestock, dairy or poultry facility shall file with the Zoning Administrator a development plan, including a plat, or similar document, that indicates the number, size and location of all intensive livestock, dairy or poultry structures planned for the subject parcel; and a written statement, sworn to and subscribed before a notary public, by which the owner certifies to the Zoning Administrator that the facility meets all applicable requirements. Where a proposed expansion would not substantially change the character of the facility or the intensity of the use, the Zoning Administrator may approve the expansion without requiring a development plan.

(2)

If the plan meets the requirements of sections 22-3-5 through 22-3-5.4, the Zoning Administrator shall approve it within 30 days of receipt. If the plan does not meet the requirements of sections 22-3-5 through 22-3-5.4 of this chapter, the Zoning Administrator shall return it to the applicant within 30 days of receipt, together with a written description of the portion or portions of the plan that do not meet such requirements. Any plan not returned to the applicant within 30 days of receipt shall be deemed approved. As long as an approved plan is in effect, the applicant shall have the right to build structures and operate the facilities shown thereon, notwithstanding any dwelling or other feature located after the time of approval.

(3)

The development plan shall remain in force only so long as the proposed structures are constructed in accordance with the development plan. At least one-third of the number of livestock or dairy animals indicated in the development plan, or one poultry structure, shall be placed in service within five years of the date on which the development plan is approved by the Zoning Administrator, unless at least one-third the livestock, or one poultry structure, was already in service at the time the plan was filed. In the event the operator fails to obtain building and zoning permits for any of the proposed structures, or fails to have in place the minimum number of livestock required above, within five years of the date on which the development plan is approved by the Zoning Administrator, the development plan shall expire.

(4)

The operator shall notify the Zoning Administrator in writing within 30 days of placement into service of any structure indicated on his plan.

(5)

Each parcel for which a development plan has been approved shall display at its entrance a sign no smaller than two square feet, and no larger than four square feet, clearly visible from the nearest public road, indicating that a development plan is in effect for the parcel and containing the word "Certified Agricultural Development Site."

(6)

Nothing herein shall be construed to prohibit an operator or a potential operator from submitting amendments to his or her original development plan, or from submitting revised plans. The Zoning Administrator shall review such amendments or revised plans as required in subsection (1) above according to the zoning ordinance in effect at the time the amendments or revised plans are received.

(Ord. of 10-16-2024(2), § 1)

After the effective date of this section, no intensive livestock, dairy or poultry facility for which the Commonwealth of Virginia requires a nutrient management plan shall commence operation until such plan has been approved by the Virginia Department of Conservation and Recreation, or by a person certified or employed by the Virginia Soil and Water Conservation Board or the Commonwealth as a nutrient management planner, in accordance with 4VAC50-85-10 et seq., "Nutrient Management Training and Certification Regulations."

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

(Ord. of 10-16-2024(2), § 1)