It is the intent of this article to preserve the agricultural character of King and Queen County, to protect the health, safety and welfare of its citizens, and to provide for the continued security of King and Queen County's agricultural sector by encouraging the orderly and responsible growth of its intensive livestock, dairy, and poultry industry.

Where otherwise permitted by the zoning ordinance, agricultural production activities shall be subject to the additional provisions and standards contained in this article 23.

Intensive livestock facility: A livestock operation with or without accessory uses or structures, as defined below, which at any one time has the equivalent of at least 300 animal units in the aggregate as referenced in the below chart and 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.

Intensive poultry facility: A poultry operation with or without accessory uses or structures, as defined below, which at any one time has the equivalent of a least 300 animal units in the aggregate as referenced in the below chart and 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.

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 or structure (main and accessory), 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, feed bunks, feedlot fencing, litter storage sites, incinerators, manure lagoons or other manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.

Poultry: Includes all domestic or domesticated: chickens, turkeys and other fowl.

(Amend. of 4-8-2013(11))

The minimum number of acres on which an intensive livestock, dairy, or poultry facility may be established shall be the number of acres required by the nutrient management plan as approved by the Commonwealth of Virginia, department of conservation and recreation, but in no case shall be less than those listed as follows:

1.

For an intensive facility in which beef or dairy cattle are confined and fed, 60 acres per parcel/lot.

2.

For an intensive facility in which swine are confined and fed, 60 acres per parcel/lot.

3.

For an intensive facility in which poultry are confined and fed, 30 acres.

4.

For an intensive facility in which horses are confined and fed, 60 acres per parcel/lot.

5.

For an intensive facility in which sheep are confined and fed, 60 acres per parcel/lot.

Intensive livestock, dairy or poultry facilities in operation as of the effective date of this amendment which do not meet the minimum acreage requirements of this article shall be considered nonconforming existing uses and nonconforming existing structures and may continue so long as the nonconforming use does not cease for a continuous period of two years. The nonconforming use and the nonconforming intensive livestock, dairy or poultry facilities may not be expanded, nor acreage decreased.

(Amend. of 4-8-2013(11))

Each intensive livestock, dairy, or poultry structure shall be set back from all existing dwellings not owned by the operator as follows:

1.

From an existing dwelling in the agricultural zoning district, 1,000 feet;

2.

A) From an existing dwelling in a nonagricultural zoning district, 1,200 feet;

B) Upon review and approval by the zoning administrator, the operator may reduce the above 1,200-foot setback to 1,000 feet by submitting a landscaping plan for a vegetative buffer along the property line. Said plan shall include a planting and management schedule, and a longterm maintenance plan. The planted vegetative buffer shall be a minimum of 40 feet wide with native plants that will grow to at least six feet in height within three years, unless there is a natural barrier that meets the height and width requirements.

The setback for intensive livestock, dairy, [and] poultry structures from property lines and public roadways shall be at least 250 feet. A vegetative buffer shall also be required along any section of the property line and public roadway that is 450 feet or less from the intensive livestock, dairy, or poultry structure.

The operator shall submit a landscaping plan for the vegetative buffer to the zoning administrator for review and approval. The plan shall include a planting and management schedule, and a longterm maintenance plan. The planted vegetative buffer shall be a minimum of 40 feet wide with native plants that will grow to at least six feet in height within three years, unless there is a natural barrier that meets the height and width requirements.

All intensive livestock, dairy, and poultry structures shall be set back at least 2,000 feet from incorporated towns; platted residential subdivisions, residentially zoned districts; public schools; churches; county-owned buildings; county, town and community recreation areas; [and] public wells, public springs and public water intakes.

(Amend. of 4-8-2013(11))

Each prospective operator of an intensive livestock, dairy or poultry facility shall submit a plat of the entire parcel (or parcels) with location of the proposed facility, prepared and signed by a land surveyor licensed by the Commonwealth of Virginia certifying that the proposed intensive livestock, dairy or poultry facility meets all applicable setback requirements of this ordinance and showing the direction and measured distances to the nearest dwellings, property lines and public roads, adjacent zoning districts, platted residential subdivisions, mobile home parks, public schools, churches, county-owned buildings, county, town and community recreation areas; public wells, public springs and public water intakes.

(a)

In the agricultural zoning district, an operator or a potential operator must file a development plan which indicates the number, size and location of intensive livestock, dairy or poultry facilities planned for the subject parcel. The development plan is filed with the zoning administrator, who must submit the plan to the planning commission for joint review. The planning commission makes recommendations to the zoning administrator who shall have 90 days to approve or disapprove the development plan. When such development plan has been approved 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 was approved.

(b)

The development plan shall be based on the requirements of this article and shall be accompanied by a plat prepared and signed by a land surveyor certified by the Commonwealth of Virginia verifying the accuracy of the distance shown in the development plan and containing all of the data required in section 3.5 [3-516], 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. 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 12 months of the date of approval of the development plan.

(d)

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

(e)

In the event an operator fails to build or have in place the minimum required in [sub]section (c) above, 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 ordinance [article].

(f)

An operator may submit amendments to the original development plan or submit revised development plans at any time. The zoning administrator shall approve or disapprove the amended or revised plans, following the requirements of section 4.1 (a) and (b) above, and 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 an amendment or revision to the development plan does not constitute an extension of time for implementation of such plan.

(g)

Each parcel for which a development plan has been approved shall provide and display at its entrance a sign no 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 Intensive Livestock (or Dairy or Poultry) Development Site." Said sign is to be permanent in nature, provided and maintained by the operator, and to be in place as long as the intensive livestock, dairy or poultry facility is in operation.

(Amend. of 4-8-2013(11))

Editor's note— Amend. of 4-8-2013(11) amended Pt. II, § 3-517 title to read as herein set out. Former Pt. II, § 3-517 title pertained to intensive livestock, dairy or poultry facility development plans.

(a)

After the effective date of this amendment to the zoning ordinance, no intensive facility shall commence operation until a nutrient management plan has been reviewed and approved by the Virginia Department of Conservation and Recreation and copies submitted to the zoning administrator for review and acceptance. Each intensive facility already in operation shall have an approved nutrient management plan on file with the zoning administrator 1) on or before two years from the effective date of this amendment; 2) or at such time an additional area is devoted to intensive livestock, dairy or poultry facilities or other activity occurs that increases nutrient output of the facility; whichever shall occur first. After two years from the effective date of this article, no facility subject to this ordinance [article] of the zoning ordinance shall operate without a nutrient management plan. Each nutrient plan shall be subject to review by an agent of the Virginia Cooperative Extension Service or other appropriate agency approved by the zoning administrator.

(b)

The nutrient management plan shall provide for the safe disposal or use of all manure and animal waste, produced by each facility. The nutrient management plan shall take into account the presence of rivers, streams, public and private wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to ground[water] or surface water pollution and, where applicable, to comply with the Chesapeake Bay Preservation Act. Each nutrient [management] plan shall be subject to review by an agent of the Virginia Cooperative Extension Service or other appropriate agency approved by the zoning administrator.

(c)

If off-site disposal is part of the nutrient management plan, the operator shall provide written documentation of an agreement with the receiver of the wastes. 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 such agreement and whenever such an agreement is terminated before its stated expiration date.

(d)

(1)

The nutrient management plan shall also provide for a site, as part of the facility, with or without a permanent structure, for the storage of animal waste and shall:

a.

Meet the setback and other requirements of this article;

b.

Be certified by a professional engineer registered in Virginia that the site:

1.

Is located on an impermeable base;

2.

Is out of all drainways;

3.

Is outside the floodplain overlay district; and

4.

Has sufficient capacity to accommodate 100 percent of the waste produced by the intensive facility during a four-consecutive-month period in which the livestock and poultry population of the intensive facility is at its maximum capacity.

(2)

Notwithstanding this section, if an operator is unable to locate a storage site on the same parcel of land because of inadequate acreage or topographical hardship, then the zoning administrator, after consultation with the operator's professional engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this section, the zoning administrator may permit the storage to be located on a parcel specified in the agreement for off-site disposal. Any such off-site storage shall be required to meet all other applicable requirements of this article.

(e)

The operator shall forward to the zoning administrator the results of any water quality monitoring measurements that may be required by the Virginia Department of Environmental Quality or the nutrient management plan.

(f)

The nutrient management plan shall be updated every five years by the operator or his agent and more frequently if deemed necessary or advisable by the county or the zoning administrator. The updated plan will be reviewed by the zoning administrator, an agent of the Virginia Cooperative Extension Service, or other appropriate agency approved by the zoning administrator.

(g)

The operator shall comply at all times with the approved nutrient management plan. If the operator is not in compliance, then the approval for the development plan shall be revoked and the operation of the intensive facility be closed.

(h)

The zoning administrator or designates for the county shall have the right to visit and inspect any facility on-site at any reasonable time, with due consideration for biosecurity practices.