Article 7. Intensive Agricultural District

Statement of 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 Charlotte County's agricultural sector by encouraging the orderly and responsible growth of its livestock, dairy, and poultry industries. It should also be presumed that Agricultural and Forestry activities may at times produce some noise, odors and other effects, and a certain level of tolerance for these effects must be expected of those who dwell in the district.

See. 7-1. Principal Permitted Uses

Intensive Livestock facilities
Intensive Dairy facilities
Intensive Poultry facilities

Sec. 7-2. Definitions

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.

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 and that: 1. Such animals are or will be stabled or confined and fed or maintained for a total of forty- five days or more in any twelve 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 and that: I - Such animals are or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve 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 300 animal units as referenced in the below chart and that: 1. Such animals are or will be stabled or confined and fed or maintained for a total of forty- five days or more in any twelve 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.

Type of facility     Equivalent of 300 animal units
Livestock                 300 slaughter and feed cattle
Livestock                 750 swine greater than 55 pounds each or
                                3000 swine less than 55 pounds each
Livestock                 150 horses
Livestock                 3,000 sheep or lambs
Dairy                        200 mature dairy cattle (whether milked or dry cows)
Poultry                     16,500 turkeys
Poultry                     30,000 laying hens or broilers

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 or poultry facility or the land on which the livestock, dairy, or poultry is located.

Existing dwelling: For the purpose of this section of the zoning ordinance either of the following shall constitute an existing dwelling:

(a) 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
 

(b) A structure, designed for residential use, which is not occupied an the date a completed application is received, but which has been issued a certificate of occupancy or a building permit prior to the date on which a completed application for a livestock, daily, 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 (3) year period of time within the five (5) 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.
 
 

Existing livestock, dairy, poultry facility: (only for the purpose of determining residential setbacks in the Intensive Agricultural district under this Article.) A livestock, dairy, or poultry facility which has been in operation for a one (1) year period of time within the five (5) years immediately preceding the date on which zoning approval is sought for a dwelling or where zoning approval is not necessary for such dwelling, the date on which a building permit is sought for such dwelling.

Parcel of land: 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 the circuit court of Charlotte County, Virginia.

Sec. 7-3. Acreage Requirements & Setbacks

Sec. 7-3-1. Acreage Requirements

The minimum number of acres on which an intensive livestock, dairy, or poultry facility may be established shall be the larger of either the number of acres required by the nutrient management plan and which has been approved pursuant to Section 7-5 herein or a minimum of 100 acres for the first 300 animal units, plus 10 acres for each additional 300 animal units or a portion thereof.

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 the 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.

Intensive 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 nonconforming existing uses and may continue to operate so long as the operation is not abandoned for as long as two years continuously.

Sec. 7-3-2. Setbacks from existing dwellings

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

Sec. 7-3-3. Dwelling setbacks from existing livestock, dairy or poultry facilities

Each proposed dwelling not owned by the operator shall be set back from all existing livestock, dairy or poultry structures as follows:

See. 7-3-4. Setbacks from property lines and public roads

1. The setback for intensive livestock, dairy, poultry structures from public roadways shall be

I . All livestock, dairy, poultry structures shall be set back at least three thousand (3,000) feet from mobile home parks; public schools; churches; county owned buildings; county, town and community facilities; 5 miles from any public water supply source in use or proposed for future use including tributaries leading to the source; 1 mile downstream from any reservoir, lake or watershed; I mile from platted residential subdivisions, village center and general residential districts; 2 miles from incorporated towns.

2. Land application of wet or dry animal waste shall be set back one thousand (1,000) feet from any existing dwelling.

Sec. 7-3-6. Certified plat required

The owner of an intensive facility constructed or completed after the effective date of this Article 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 location of the facility within the parcel or parcels. With this plat or similar documentation, the owner shall submit a written statement, sworn to and subscribed to 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.

Sec. 7-4. Facility Development Plans

Sec. 7-4-1. Livestock, dairy or poultry facility development plans

    a) In the Intensive Agricultural 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. 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 dwellings 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 7-3 and 7-4, 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 said sections.

    b) The development plan shall be in effect for a period of three (3)) years from the date upon which the plan is filed.

    C) The development plan shall be based on the requirements of this section 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 7-3.

    d) The development plan on such parcel shall remain in force only so long as the structures proposed are constructed in accordance with the development plan. The development plan shall be transferable from the owner or operator to another owner or operator unless otherwise stated in the plan by the initial owner or operator.

    e) The operator shall notify the zoning administrator in writing within thirty (30) days of placement into service of any structure indicated in his/her development plan.

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    f) 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 (2) square feet, or larger than four (4) 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 Agricultural Development Site."

    g) 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 or deny the amended or revised development plan, following the standards set forth in Sec. 7-4 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.
 

Sec. 7-5. Nutrient Management Plan

Sec. 7-5-1. 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 a person certified or employed by the Commonwealth as a nutrient management planner; said Nutrient Management Plan shall be filed with the zoning administrator.

    (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 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 marketing 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 is terminated before its stated expiration date within fifteen (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, if required by the Commonwealth of Virginia, and meet all applicable standards of the
                                    Commonwealth.

Sec. 7-6. Water Source Assessment Plan

Sec. 7-6-1. Water Source Assessment Plan

Sec. 7-7-1. Enforcement

    (a) The setback requirements of Section 7-3-2, Section 7-3-3, Section 7-3-4 and Section 7-3-5 shall not be required to be complied with if such buildings were (i) in construction and (ii) represented in nutrient management plans provided to the County Administrator, on a date prior to adoption of this Amendment to the Ordinance.
 
 

Adopted: October 9, 1996
Amended: August 13, 1998
Amended: December 16, 1999

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