Page County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VI
Confined Feeding Operations
§ 125-31 Purpose.
[Amended 4-8-1991]
This article provides regulations for those districts where confined feeding operations are permitted uses.
§ 125-32 Definitions.
For the purpose of this article, certain words and terms are defined as follows:
For the purpose of this article, “confined animal feeding operation” means a lot or facility, together with any associated treatment works, where all three of the following conditions are met:
[Amended 4-8-1991; 9-14-1992; 6-21-2005]
Animals have been, are or will be stabled in or confined and fed or maintained for a total of 45 days or more in any twelve-month period;
Crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the lot or facility; and
The animal feeding operation has 300 or more animal units.
For the purpose of this article, “confined poultry feeding operation” means any confined animal feeding operation with 200 or more animal units of poultry.
[1][Added 6-21-2005; amended 3-20-2023]
Domestic animals, including but not limited to cattle, horses, sheep, goats and swine, raised for home use, pleasure or profit, but does not include dogs or cats.
Includes all domestic fowl and game birds raised in captivity.
Any pond or lake which is regularly used for fishing, boating, swimming or any other recreational activity.
The Zoning Administrator of the County of Page, Virginia.
[Added 9-14-1992]
[1]
Editor's Note: The former definition of “inspector,” which immediately followed this definition, was repealed 9-14-1992.
§ 125-33 Distances from property lines, structures, roads and water protection.
[Amended 4-8-1991; 6-21-2005; 3-20-2023]
A.
Every confined feeding operation begun after the enactment of this section shall be located no closer than 300 feet from any structure designed to be occupied as a residence, excluding any residence owned by the applicant desiring a permit to establish a confined feeding operation. Every confined feeding operation begun after the enactment of this section shall be located no closer than 600 feet from any residential zoning district, school, church, community center or commercial business establishment or industry or any other structure designed for public occupancy. Every confined feeding operation begun after the enactment of this section shall be located no closer than 1,000 feet from any boundary of a town within the County.
B.
Any such operation shall be located no closer than 150 feet from any neighboring property line.
C.
Every such confined feeding operation shall be located no closer than 200 feet from any primary highway or roadway and 100 feet from any secondary highway, roadway or other right-of-way for passage.
D.
In order to protect surface water and groundwater, no such operation shall be located within 300 feet of any recreational pond or lake or within 100 feet of any river, creek, spring, reservoir or public water supply system, including but not limited to wells or cisterns. No such operation shall be located within 50 feet of any private water supply system, including but not limited to wells or cisterns.
§ 125-34 Acreage.
[Added 4-8-1991; amended 3-20-2023]
Any person, firm, corporation, partnership or other business entity applying for a permit to establish a confined feeding operation, as defined in this article, shall not be issued a permit unless the poultry house or accessory use or structure shall be built on a parcel or adjoining and contiguous parcels of land of 10 acres or more, and such parcel or parcels are owned solely by the applicant(s). This section shall not be applicable if the applicant owns and operates a confined feeding operation(s) on the subject parcel or parcels at the time of submitting the application. In addition thereto, the applicant shall meet all other requirements of this article.
§ 125-35 Limitations on number.
[Added 8-12-1991]
Any person, firm, corporation, partnership or other business entity shall not be granted permits to construct more than three confined feeding operations for poultry, as defined in this article, within a period of one year. For the purpose of this section and for the purpose of not circumventing the intent of this article, any person who applies for a permit to construct a poultry house in the name of a firm, corporation, partnership or other business entity and who has a major financial interest in said firm, corporation, partnership or other business entity shall not be allowed to construct more than three confined feeding operations for poultry within any one-year period, even though an application for a permit may be in the name of a firm, corporation, partnership or other business entity. In addition hereto, in order not to circumvent the intent of this article, spouses and immediate members of a family living in the same household shall not be granted permits to construct more than three confined feeding operations for poultry within any one-year period, notwithstanding the fact that an application for a permit may be in the separate name of a spouse or immediate family member living in the same household.
§ 125-36 Permit. [1]
[Amended 9-14-1992; 3-20-2023]
A.
It shall be unlawful for any person, firm, corporation, partnership or other business entity to establish a confined feeding operation subsequent to the enactment of this article unless such person first obtains a permit as required by the provisions of this article.
B.
How obtained. A zoning permit to establish and operate a confined feeding operation shall be obtained by making written application to the Page County Zoning Administrator by furnishing evidence of compliance with the terms of this article.
[1]
Editor's Note: Former §§ 125-36, Exceptions, amended 9-14-1992; 125-37, Approval of plan, amended 9-14-1992; 125-38, Fees, amended 9-14-1992; and 125-39, Written consent of adjoining property owner, amended 4-8-1991 and 9-14-1992, were repealed 3-20-2023. This ordinance also renumbered former §§ 125-40 and 125-41 as §§ 125-36 and 125-37, respectively.
§ 125-37 Violations and penalties.
Failure to obtain a permit or to otherwise comply with the requirements of this article shall be subject to the penalties and provisions as set forth in §§ 125-63 through 125-63.4. Each day of operation after notification of noncompliance shall constitute a new and separate violation.
[1]
Editor's Note: This ordinance also repealed former § 125-42, Filing of nutrient management form, added 12-9-1991, which immediately followed this section.
§ 125-38 Waste storage and disposal.
[Added 3-20-2023]
All waste storage and disposal shall comply with all federal, state, and local laws.