(a)

It is the intent of this article 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.

(b)

Within the agricultural district A-1, related best management practice and minor processing shall be uses by right to which the provisions of this chapter apply. In addition, any agriculture production activity that is described in this chapter and that is undertaken in accordance with the provisions of this part within the A-1 agricultural district or within the county agricultural classification shall also be a right.

(Code 1999, § 9-88)

(a)

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 greater, and which has been approved pursuant to section 98-258(a).

(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 greater, and which has been approved pursuant to section 98-258(a).

(3)

For an intensive facility in which poultry are confined and fed, 20 acres or the number of acres required by the nutrient management plan, whichever is greater, and which has been approved pursuant to section 98-258(a).

(b)

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 has a right to access between any noncontiguous acres in such operation.

(c)

Livestock, dairy or poultry facilities in operation on September 11, 1995, which do not have sufficient acres, as required in subsection (a) of this section, shall be considered nonconforming existing uses and may continue so long as the operation is not abandoned for as long as two years continuously.

(Code 1999, § 9-89)

For the purpose of this section, the term "existing dwelling" shall be defined as:

(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 office of the zoning administrator; 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, or has been occupied as a dwelling the last six months 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 office of the zoning administrator or which has been occupied for a three-year period of time 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 office of the zoning administrator.

(Code 1999, § 9-89.1)

Cross reference— Definitions generally, § 1-2.

Each 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 agriculture A-1 district, 300 feet;

(2)

From an existing dwelling in an adjacent zoning district, 600 feet, or the operator may reduce the above 600 feet setback to 400 feet if he 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.

The setback requirements of this section shall not apply to a member of the immediate family as defined as any person who is natural or legally defined offspring, spouse, grandchild, grandparent or parent of the owner of a new dwelling.

(Code 1999, § 9-89.2)

The setback for intensive livestock, dairy or poultry structures from property lines and public roadways shall be at least 150 feet.

(Code 1999, § 9-89.3)

(a)

All livestock, dairy or poultry structures shall be set back at least 1,000 feet from incorporated towns; platted residential subdivisions; any residentially zoned district; mobile home parks; public schools; churches; county owned buildings; county, town and community recreation areas; public wells, public springs and public water intakes.

(b)

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

(Code 1999, § 9-89.4)

The owner of an intensive facility constructed or completed after the effective date of the ordinance from which this section is derived shall file with the zoning administrator a plat or similar documentation showing the entire parcels on which the facility is located and also showing the locations of the existing or proposed facilities within the parcels. This plat shall also show the location of any existing dwellings or structures, watercourses, ponds, streams or Chesapeake Bay Resource Protection Areas. With this plat or similar documentation, the owner shall submit a written statement, sworn to and subscribed before a notary public, by which the owner certifies to the zoning administrator that the intensive facility shown on the plat or similar documentation meets all applicable setback requirements of this article.

(Code 1999, § 9-89.5)

(a)

In the agricultural A-1 district, an operator or a potential operator shall 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, and the type and number of animal units. 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 dwelling and uses existing at the time the development plan is approved. The zoning administrator shall approve the development plan within 30 days of receipt of the development plan, or if the development plan does not meet the requirements of this section, 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 do not comply with this section.

(b)

The development plan shall be based on the requirements of this part and shall be accompanied by a plat or similar documentation verifying the accuracy of the distances shown in the development plan and containing all of the data required as specified pursuant to section 98-257.

(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 in this section.

(d)

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

(e)

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

(f)

If an operator fails to build the proposed structure or have in place the minimum number of head required in subsection (d) of this section or fails to obtain building permits for any of the structures indicated in his development plan within five years, 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 part.

(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 in this section shall be construed to prohibit an operator or a potential operator from submitting amendments to his 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 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.

(Code 1999, § 9-90)