It is the intent of this article of this Zoning Ordinance 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, and to protect the public health, safety and welfare and the environment. Any agricultural production activity that is described in Article VII of the Zoning Ordinance and that is undertaken in accordance with the provisions of this chapter within A-1, Agricultural District shall be a use by right.

The county recognizes that the operation of large-scale confined animal feeding operations can have a substantial adverse impact on the quality of life of property owners in nearby areas thereby requiring standards and guidelines for their siting and operations.

(Ord. of 8-30-1999, § 16.40.1)

[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:]

Adjoining property owner. Owner of a parcel not owned by the owner/operator of a CAFO facility which physically adjoins a CAFO facility and/or waste disposal site, including those properties across a road or across a river or stream

Animal unit equivalent:

Existing dwelling. For the purpose of this article of the Zoning Ordinance, either of the following shall constitute an existing dwelling, except that the term shall not apply to a dwelling located on the same parcel as the confined animal feeding operation or to any dwelling maintained by the operator:

(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 county planning and zoning office; 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 a 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 county planning and zoning office, or which has been continuously occupied for any period of one year 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 county planning and zoning office.

Intensive livestock facility (hereafter "livestock facility"): A livestock operation with accessory uses or structures, which at any one time has at least 300 animal units, and that: 1) 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; and 2) crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

Intensive dairy facility (hereafter "dairy facility"): A dairy operation with accessory uses or structures, which at any one time has at least 300 animal units and that: 1) 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; and 2) crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

Intensive poultry facility (hereafter "poultry facility"): A poultry operation with accessory uses or structure, which at any one time has at least 300 animal units and that: 1) 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; and 2) crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

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. 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, structures that house livestock, dairy, or poultry, feed storage bins, litter storage site, incinerators, manure storage sites, poultry disposal pits, and dead poultry cold storage chests.

Livestock raiser, dairy operator, poultry grower (hereafter "operator" or "producer"). The owner or operator of the livestock, dairy, or poultry facility or the land on which the livestock, dairy, or poultry facility is located.

Parcel of land. 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 offices of the clerk of circuit court.

Platted residential subdivision. For the purposes of this article, a platted residential subdivision shall mean a parcel of land divided into four or more building lots, each less than five acres.

Poultry. Includes all domestic or domesticated poultry animals, including but not limited to hens, broilers, turkeys.

(Ord. of 8-30-1999, § 16.40.2)

All livestock, dairy and poultry facilities shall be subject to the provisions of this article when a minimum of 300 animal unit equivalents are confined as defined in section 53-209.

(Ord. of 8-30-1999, § 16.40.3)

There shall be a maximum of 5,000 swine (2,000 animal units) permitted at any one intensive livestock facility.

(Ord. of 8-30-1999, § 16.40.4)

Minimum setbacks/offsets for all intensive livestock, dairy, and poultry facilities

(1)

Highway (centerline): 1,000 feet.

(2)

Existing dwelling: 3,000 feet.

(3)

Property line: 1,000 feet.

(4)

Surface waters:

a.

Confined animal feeding structures shall be located no closer than one mile to Dan River, Staunton (Roanoke) River, Banister River, Hyco River, and Aaron's Creek, as measured from the centerline of each river.

b.

Confined animal feeding structures shall be located no closer than 1,000 feet to any stream, river, pond or lake as identified as a blue line stream on the Halifax County Hydrologic Units Map prepared by Department of Conservation and Recreation.

(5)

All livestock, dairy, poultry structures shall be set back at least 3,000 feet from platted residential subdivisions; residentially zoned districts; mobile home parks; public schools; hospitals; churches; county, town and community recreation areas; and public facilities.

(6)

Public or community permitted drinking water sources 2,500 feet

(7)

Town corporate limits and the former corporate limits of the former Town of Clover two miles

(8)

No structures shall be installed or erected within the designated 100-year flood plain.

(Ord. of 8-30-1999, § 16.40.5)

Except as otherwise noted, all setbacks/offsets shall apply to non-stationary and to permanent, stationary discharge systems. All discharges and/or spray heads shall be located such that the reach of the discharge does not exceed these setbacks.

(1)

Highway centerline 500 feet.

(2)

Existing dwelling:

• Land application of liquid wastes shall be no closer than 500 feet to an existing dwelling for a non-stationary application system. Permanent, stationary pipe and discharge systems shall be no closer than 1,000 feet to an existing dwelling.

(3)

Property line: 500 feet.

(4)

Surface waters: 500 feet.

• Defined as any stream, river, pond or lake as identified as a blue line stream on the Halifax County Hydrologic Units Map prepared by Department of Conservation and Recreation.

(5)

All waste disposal activities shall be set back at least 500 feet from platted residential subdivisions; residentially zoned districts; mobile home parks; public schools; hospitals; churches; county, town and community recreation areas; and public facilities, town corporate limits, and the former corporate limits of the former Town of Clover.

(6)

Public or community permitted drinking water sources: 500 feet.

(7)

No waste disposal activities shall occur within the designated 100-year flood plain.

(Ord. of 8-30-1999, § 16.40.6)

All proposed livestock, dairy and poultry facilities shall be setback from any existing or permitted livestock, dairy or poultry facility a minimum of three miles, as measured from the centerpoint of the existing or permitted livestock, dairy or poultry structure(s) site.

(Ord. of 8-30-1999, § 16.40.7)

(a)

The owner/operator of any livestock, dairy or poultry facility approved subsequent to the effective date of this article shall submit to the county, prior to construction, baseline well water data from all adjoining properties with a water supply well. In the event an adjoining property owner refuses permission for a well water test, the owner/operator shall provide a documentary record of its request to perform the test and the property owner's refusal to grant permission. Names and address of adjoining property owners shall be verified by the Halifax County Commissioner of Revenue. In the case of multiple wells on an adjoining property, data shall be obtained from that well closest to the CAFO facility and/or waste disposal site, whichever is closer. The owner/operator shall submit with the data a list of the names and addresses of the adjoining property owners and a map noting tested well locations.

(b)

The county may thereafter conduct well water testing on any adjoining property upon the request of an adjoining property owner or upon facts indicating the reasonable need for such testing.

(c)

Well testing shall address at a minimum the following:

(Ord. of 8-30-1999, § 16.40.8)

An owner/operator of any CAFO shall operate its facility in a manner to minimize odor detectable on properties in the area and shall operate its facility according to best management practices of the industry for odor control. An owner/operator shall submit to the county, prior to construction, a detailed odor management plan specifically referencing all proposed odor abatement mechanisms, techniques, and practices to be implemented in the operation of both animal housing and waste collection, storage and disposal activities of the facility. Odor control technologies and mechanisms shall include, to the extent possible, those mechanisms which operate to reduce the transmission of odor to the extent practically possible including, but not limited to, vertical directed exhaust from animal confinement areas, deflection walls, and/or water curtains.

(Ord. of 8-30-1999, § 16.40.9)

(a)

Minimum acreage requirements for livestock, dairy, or poultry operations shall be as determined by Virginia Department of Environmental Quality and the Nutrient Management Plans as approved by Division of Conservation and Recreation. In the case of differing acreage requirements, the greater shall apply.

(b)

No parcel on which confined animal feeding operations are located, including waste storage and waste disposal sites, shall be partitioned or subdivided so as to violate any setback or offset provisions of this article.

(Ord. of 8-30-1999, § 16.40.10)

A nutrient management plan shall be required for all livestock, dairy, poultry operations subject to this article.

(Ord. of 8-30-1999, § 16.40.11)

A site plan/development plan, drawn to scale, shall be submitted detailing operation buildings and accessory/support facilities, including waste collection and disposal areas. In addition, the plan or accompanying documentation shall show all setbacks required by sections 53-212, 53-213, and 53-214. The plan shall include either a plat, scale drawing, or consolidated farm service agency aerial photograph.

(Ord. of 8-30-1999, § 16.40.12)

(a)

An applicant for a confined animal feeding operation shall have the right to seek a variance from the terms and standards of this article provided the applicant can present evidence that the variance is in harmony with the intent, spirit, and purpose of this article. Variances may be considered under the following conditions:

(1)

Exceptional narrowness, shallowness, size, shape or topographic condition of the parcel.

(2)

Use of new or alternate technologies that are proven to achieve a greater degree of environmental protection, such as reduced potential for surface or ground water pollution or contamination; reduced odor levels; or other environmental impact.

(b)

Prior to approval or denial of any variance request, the board of supervisors shall hold a public hearing to receive public comment on the proposed variance.

(c)

Prior to the public hearing required pursuant to this section, the applicant shall submit a certification that it has notified all adjoining property owners of the request for a variance.

(d)

Any variance approved by the governing body shall be recorded in the Office of the Clerk of Circuit Court of Halifax County, with reference to the deed of the parcel for which the variance has been granted.

(Ord. of 8-30-1999, § 16.40.13)

Should any section or provision of this article be declared by a court of competent jurisdiction to be invalid for any reason, such decision shall not effect the validity of this article as a whole or any part thereof, other than the part or parts that are declared to be invalid.

(Ord. of 8-30-1999, § 16.40.14)