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

(Ord. of 10-95; Ord. of 12-13-18(4))

Intensive agricultural facility: Those intensive agricultural operations commonly known as confinement operations, where large numbers of animals or fowl are confined to a relatively small space and therefore tend to produce odors, flies, rats, and noise and may contaminate ground and surface waters and which include such operations as hog, veal, and poultry pens and houses, feedlots for beef, sheep, and other animals and dairy farming operations. For the purpose of this section, any enclosure, pen or building for the concentrated confinement of livestock or poultry wherein more than 300 veal animals, slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, 3,000 sheep, lambs, goats or similar animals; 16,500 turkeys or 30,000 laying hens or broilers are confined or housed shall constitute intensive agriculture. An enclosed pasture or range where grass is maintained for nine months of the year or where animals are confined at no more than 15 adult animals per acre shall not constitute intensive agriculture.

Livestock raiser, dairy operator, poultry grower: The owner of the livestock facility, dairy, or poultry facility or the land on which the facility or dairy is located.

Existing dwelling: For the purpose of this article of the zoning ordinance, the following shall constitute an existing dwelling:

a.

A structure, designed for residential use, which is completed or in the process of being completed on the date a completed application for agricultural facility permit is received by the zoning administrator.

Existing intensive agricultural facility: An intensive agricultural facility which is occupied or has been occupied by a commercial livestock raiser, dairy, or poultry facility for any period of time within the two years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the intensive agricultural facility.

Parcel: 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 this county.

(Ord. of 10-95; Ord. of 12-13-18(4))

The minimum number of acres on which a new intensive agricultural operation which contains either livestock, dairy, or poultry facilities may be established as follows:

(1)

Intensive agricultural facility (other than poultry) - One hundred (100) acres or the number of acres required by an approved nutrient management plan, whichever 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 - Twenty (20) acres or the number of acres required by an approved nutrient management plan, whichever 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 plan.

(3)

Existing livestock, dairy, or poultry facilities in operation on the effective date of this ordinance as determined by the zoning administrator that do not meet the minimum acreage requirement, shall be considered nonconforming uses and may only be continued or expanded as provided in article 12 of the zoning ordinance.

(Ord. of 10-95; Ord. of 12-13-18(4))

Minimum setbacks for new intensive agricultural facilities shall be set back from property lines, structures and other designated areas as follows:

(1)

From public roadways when the operator owns both sides of the roadway - 200 feet,

(2)

From all other property lines - 500 feet.

(3)

From incorporated towns, residentially zoned districts, manufactured home parks, schools, churches, county, state, or federally owned buildings, and community recreation areas - 2,000 feet.

(4)

Any existing intensive agricultural facility in operation on the effective date of this ordinance, 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 is not interrupted for more than two years.

(Ord. of 10-95; Ord. of 12-13-18(4))

The operator of an intensive agricultural 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 ordinance and that the plat or similar documentation is a complete and accurate depiction of the facility on the parcel or parcels.

(Ord. of 10-95; Ord. of 12-13-18(4))

(1)

The operator or a potential operator of an intensive agricultural facility shall file with the zoning administrator, a development plan which indicates the number, size and location of livestock, dairy, and 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 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 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 portions of the development plan that did not comply with this article.

(2)

The development plan shall be based upon 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.

(3)

The development plan shall remain in force only so long as the facilities proposed are constructed in accordance with the plan and are placed in service in accordance with said plan and the provisions of this article. Any variation from the development plan will cause it to be null and void and the operator will be out of compliance with this section.

(4)

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 in to service within two years of the date in 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 five years 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.

(5)

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

(6)

In the event an operator fails to build the proposed facility or have in place this 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.

(7)

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 nor 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 signs shall be the responsibility of the operator.

(8)

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 plans.

(Ord. of 10-95; Ord. of 12-13-18(4))

(1)

On or after the effective date of this amendment to the zoning ordinance, no intensive agricultural facility 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 or County of Lancaster as a nutrient management planner.

(2)

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 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.

(3)

The nutrient management plan shall provide for a site with 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 political division thereof. If an operator is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, 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.

(4)

The nutrient management plan, unless sooner required by the provisions of this article, or by the Commonwealth of Virginia or any department or division or by the County of Lancaster, 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 10-95; Ord. of 12-13-18(4))