Statement of Intent

This district is established for the specific purpose of facilitating the conservation of water, timber, and other natural resources, reducing soil erosion, protecting upland watersheds, lessening the hazards of flood and fire, and enhancing existing and future farming operations. The district covers steep slopes, hardwood forests, areas of erosive soils, and those portions of the County which are occupied by various open spaces such as parklands, farms, lakes, or mountains. Because of the fragile nature of the district, intensive residential or urban development and uses not consistent with the existing character of the district are inappropriate.

This district shall contain land that predominantly conforms to the following criteria for elevation, soil type, and slope as shown on appropriate reference maps:

(1)

elevation of greater than 800 feet above sea level;

(2)

soil type of Class 4 or greater; and

(3)

slope of greater than 15 percent.

In addition to the zoning ordinance, uses in this zone may be subject to the requirements of Madison County Subdivision Ordinance, Site Plan Ordinance, Soil Erosion and Sedimentation Control Ordinance, and/or Floodplain Management Ordinance.

Use Regulations

3-1.

In the Conservation District C-1 no building shall be erected or altered and no building or premises shall be used for any purpose except the following:

Uses Permitted by Right

3-1-1.

Single family detached dwelling (including mobile home).

3-1-2.

General farming, agriculture, horticulture, dairy, and forestry.

3-1-3.

Public school, public park, and public playground.

3-1-4.

Preserve and conservation area.

3-1-5.

Hunting or fishing club.

3-1-6.

Farm Sawmill.

3-1-7.

Small boat dock (with repair).

3-1-8.

Cemetery and graveyard.

3-1-9.

Church, parish hall, and rectory.

3-1-10.

Accessory use and building.

3-1-11.

Public Service Corporation transmission lines, poles, pipes, meters, transformers and other facilities necessary for the transmission and maintenance of public service utilities. Subject to Code of Virginia, § 15.1-456, as amended.

3-1-12.

Farm Winery.

3-1-13.

Intensive livestock, dairy or poultry facility subject to Article 3-10.

3-1-14.

Home occupation as defined.

3-1-15.

Sorghum syrup production with wholesale sales.

3-1-16.

Small wind energy system.

3-1-17.

Farm market.

3-1-18.

Processing farm and food products if 51 percent or more of the products are grown on the property and if applicable state and federal regulations are implemented.

3-1-19.

Wild game processing.

3-1-20.

Biodiesel fuel production for use exclusively by the landowner.

3-1-21.

Residential/business solar energy systems. See Article 14, section 14-17.

3-1-22.

Short-Term Lodging Unit, see Article 20-160A (definitions).

(Ord. No. 2019-5, 1-2-2019; Ord. No. 2022-OA-10-22-26, § 2, 10-5-2022)

3-2.

Special Permit Uses. The following uses may also be permitted subject to securing a special use permit as provided in Article 14-3:

3-2-1.

Summer camp.

3-2-2.

Travel trailer or camper camp as provided in Article 15.

3-2-3.

Public Service Corporation generating, booster, or relay station (Main).

3-2-4.

General store as defined.

3-2-5.

Antique craft and gift shop.

3-2-6.

Animal show ground.

3-2-7.

Temporary carnival, fair, or show with a non-profit local sponsor.

3-2-8.

Temporary wayside stand.

3-2-9.

Private park and playground.

3-2-10.

Temporary construction yard.

3-2-11.

Private school or day care center.

3-2-12.

Commercial riding stable and ring.

3-2-13.

Lodge, inn, or hotel with interior eating facilities or overnight lodging.

3-2-14.

Public building.

3-2-15.

Firearm or archery club and/or range.

3-2-16.

Kennel.

3-2-17.

Veterinary clinic and building.

3-2-18.

Home occupation as defined.

3-2-19.

Restaurant/Caterer.

3-2-20.

Sorghum syrup production with retail sales.

3-2-21.

Golf course.

3-2-22.

Golf driving range.

3-2-23.

Country club.

3-2-24.

Showroom.

3-2-25.

Small wind energy system with a tower height of greater than 60 feet to 100 feet.

3-2-26

Primitive Campgrounds as provided in Article 15-A.

3-2-27.

Airport or heliport.

3-2-28.

Reserved.

3-2-29.

Short-Term Lodging Unit, see Article 20-160A (Definitions).

(Ord. No. 2017-3, § 1, 11-1-2017; Ord. No. 2019-10, 8-7-2019; Ord. No. 2020-1, 3-4-2020)

3-3.

Area Regulations.

The minimum lot area for permitted uses shall be ten acres, except for an outdoor archery range, which shall be three acres. All dwellings located on a single parcel shall require a minimum of ten acres per dwelling.

(Ord. No. 2020-8, 3-4-2020)

3-4.

Setback Regulations.

3-4-1.

Structures shall be located 50 feet or more from any street right-of-way which is 50 feet or greater in width, or 100 feet or more from the center line of any street right-of-way less than 50 feet in width.

3-4-2.

All buildings must be located at or beyond the front setback line. All accessory buildings must be located ten feet or more from a side or rear property line.

(Ord. No. 2011-4, § 1, 4-12-2011)

3-5.

Frontage Regulations.

The minimum lot width for permitted uses shall be 300 feet at the setback line, or measured at the location of the foundation of the subject parcel's principal dwelling or accessory building. The minimum distance which the building is required to be located from the street right-of-way or center line shall be known as the setback line.

(Ord. No. 2020-9, 3-4-2020)

3-6.

Yard Regulations.

3-6-1.

Side. Each main structure shall have side yards of 25 feet or more.

3-6-2.

Rear. Each main structure shall have a rear yard of 50 feet or more.

3-7.

Sign Regulations.

Signs shall conform to Article 12 of this ordinance.

3-8.

Height Regulations.

The height regulations for the Conservation, C-1, district shall conform to the height regulations for the Residential Limited, R-1 District, as detailed in section 5-8. All agricultural uses are exempt from height restrictions.

3-9.

Off-street Parking.

Off-street parking is subject to section 14-9 of this ordinance.

3-10.

Intensive Livestock, Dairy or Poultry Facilities.

SECTION 1.

1.1. Intent.

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 Madison County's agricultural sector by encouraging orderly and responsible growth of its livestock, dairy, and poultry industry.

Within the Conservation, C-1, or Agricultural, A-1, Zoning Districts of Madison County, all agricultural production activities (e.g., tillage, crop production, harvesting, pasturing of animals, etc.) related best management practices, and minor processing shall be uses by right to which the provisions of Articles 3 and 4 of the Madison County Zoning Ordinance apply. In addition, any agriculture production activity that is described in Articles 3 and 4 of the Madison County Zoning Ordinance and that is undertaken in accordance with the provisions of this chapter within the Conservation, C-1, or Agricultural, A-1, Zoning Districts of Madison County shall also be a use by right.

SECTION 2.

2.1. Definitions.

Intensive livestock facility, (hereafter, "livestock facility"): A livestock operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the below chart where:

1.

Such animals are or will be stabled or confined and fed or maintained for a total of 45 consecutive 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, as defined below, which at any one time has at least 300 animal units as referenced in the below chart where:

1.

Such animals are or will be stabled or confined and fed or maintained for a total of 45 consecutive 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 structures, as defined below, which at any one time has at least 500 turkeys or 1,000 laying hens or broilers as referenced in the chart below where:

1.

Such animals are or will be stabled or confined and fed or maintained for a total of 45 consecutive 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, feed storage bins, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.

Livestock raiser, dairy operator, poultry grower, (hereafter, "operator"): The owner or operator of the livestock facility, dairy facility, 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 separate, discrete tract in an instrument of conveyance or devise, and recorded in the offices of the Clerk of the Circuit Court of Madison County, and shown on tax maps of Madison County located in the office of the Madison County Commissioner of Revenue.

SECTION 3.

3.1. Acreage requirements.

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

1.

For an intensive facility in which beef or dairy cattle are confined and fed, 60 acres or the number of acres required by the nutrient management plan, whichever is less, and which has been approved pursuant to section 5 herein;

2.

For an intensive facility in which swine are confined and fed, 20 acres or the number of acres required by the nutrient management plan, whichever is less, and which has been approved pursuant to section 5 herein;

3.

For intensive facility in which poultry are confined and fed, 20 acres or the number of acres required by the nutrient management plan, whichever is less, and which has been approved pursuant to section 5 herein.

All such acres for any one intensive facility need not be contiguous if the operator owns or has the right to possession of all acres on which such facility shall be established. In addition, the operator shall be able to demonstrate that he or she has a right to access between any non-contiguous acres in such operation.

Livestock, dairy, or poultry facilities in operation as of the effective date of this amendment which do not have sufficient acres, as required above, shall be considered non-conforming existing uses and may continue so long as the operation is not abandoned for as long as two years continuously.

3.2.Setbacks from property line.

Each livestock, dairy or poultry structure shall be set back from the owner's property line as follows:

1.

In the Conservation, C-1 or Agriculture, A-1 Zoning Districts: 300 feet;

2.a)

From an adjacent Zoning District that is not Conservation, C-1 or Agricultural, A-1: 600 feet;

b)

The owner may reduce the above 600 feet setback to 400 feet if he/she plants a ten-foot-wide vegetative screen that will grow to at least six feet height in two years unless there is a natural barrier that meets the height and width requirements.

3.3. Setbacks from public road.

The setback for intensive livestock, dairy, or poultry structures from a public road shall be at least 300 feet.

3.4.Other setbacks.

All livestock, dairy, or poultry structures shall be set back at least 1,000 feet from incorporated towns, residential R-1, R-2, and R-3 Zoning Districts, mobile home parks, public schools, churches, County owned buildings, public recreation areas; public wells, public springs, and public water intakes.

The owner may reduce the above 1,000 feet setback to 800 feet if he/she plants a ten-foot wide vegetative screen that will grow to at least six feet in height in two years unless there is a natural barrier that meets the height and width requirements.

All livestock, dairy, or poultry structures shall be set back at least 100 feet from any well, stream, creek, river, or other water impoundment of any type.

3.5.Plat/Affidavit required.

The owner of an intensive facility constructed or completed after the effective date of this chapter shall file with the Zoning Administrator a plat or scaled drawing showing the entire parcels on which the facility is located and also showing the location of the facility within the parcel or parcels. With this plat or scaled drawing, the owner shall submit a written affidavit sworn to and subscribed before a notary public, by which the owner certified to the Zoning Administrator that the intensive facility shown on the plat or similar documentation meets all applicable setback requirements of this ordinance.

SECTION 4.

4.1. Livestock, dairy, or poultry facility development plans.

a)

In the Conservation, C-1, or Agricultural, A-1, Zoning Districts, an owner of a livestock, dairy or poultry facility or a potential owner may file with the Zoning Administrator a development plan which indicates the number, size and location of livestock, dairy or poultry structures planned for the subject parcel. When such development plan has been approved by and filed with the Zoning Administrator and during the period in which it remains in effect, the planned structures shall be obliged to meet setbacks only from those property lines and uses existing at the time the development plan is approved. The Zoning Administrator shall approve within 30 days of receipt of the development plan, or if the development plan does not meet the requirements of sections 3 and 4, 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 such sections.

b)

The development plan shall be based on the requirements of this chapter and shall be accompanied by a plat or scaled drawing and affidavit verifying the accuracy of the distances shown in the development plan and containing all of the data required as specified pursuant to section 3 of this chapter.

c)

The development plan shall remain in force only so long as the structures proposed are constructed in accordance with the development plan and are placed in service as described below.

d)

At least one-third of the number of head of livestock or dairy animals, subject to this chapter of the ordinance or one poultry structure 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 or dairy animals or one such poultry structure is already in service on the subject parcel at the time the development plan is filed.

e)

The owner shall notify the Zoning Administrator in writing within 30 days of placement into service of any structure indicated in his/her development plan.

f)

In the event an owner fails to build the proposed structure or have in place the minimum number of head required in the above section (d) or fails to obtain building permits for any of the structures indicated in his development plan within the prescribed five-year period, the Zoning Administrator shall revoke the development plan. All future development plans of the structure on the subject parcel shall conform to the requirements of this chapter.

g)

Each parcel for which a development plan has been approved by the Zoning Administrator shall 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 Agricultural Development Site."

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 the amended or revised development plan, following the standards set forth in 4.1(a) above, according to the terms of the zoning ordinance in effect at the time that the amendments or revisions are submitted to the Zoning Administrator.

SECTION 5.

5.1. Nutrient Management Plan.

(a)

No intensive 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 Extension Service, or by a person certified or employed by the Commonwealth of Virginia as a nutrient management planner.

Every intensive facility with liquid waste shall have sufficient on-site storage for a six-month supply of liquid waste. Every intensive facility with solid waste shall have sufficient on-site storage for one complete cleaning of the facility.

(b)

If off-site disposal is part of the nutrient management plan, 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 owner's facility. 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 owner shall notify the Zoning Administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination.

(c)(1)

The facility shall also provide for a site, with or without a permanent structure, for the storage of animal wastes.

(2)

If an owner is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, the Zoning Administrator may permit the storage site to be located on adjacent land of the owner; or, if there is valid agreement for off-site disposal as provided in this section, the Zoning Administrator may permit the storage site be located on a parcel specified in the agreement for off-site disposal.

(d)

The nutrient management plan shall be reviewed and updated every five 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 of Virginia as a nutrient management planner.

3-11.

Limitations of Subdivisions in Conservation, C-1 District. No lot, tract or parcel of land in the Conservation, C-1 District shall be subdivided into more than four smaller lots, tracts or parcels of land (including the residue if any) within any ten-year period. Except as provided above, no lot, tract or parcel of land in the Conservation, C-1 District created by subdivision in accordance herewith shall be further subdivided within ten years from the date the subdivision plat is recorded in the Clerk's Office of the Circuit Court of Madison County, Virginia. A lot, tract or parcel of land altered by a boundary line adjustment in the Conservation, C1, District shall not be approved for another boundary line adjustment for one year from the date the plat and deed are recorded in the Clerk's Office of the Circuit Court of Madison County, Virginia.

(Ord. No. 2024-SOA-07-03-04, 8-7-2024)