ZONING AMENDMENTS AGRICULTURE, ANIMAL & OUTDOOR DEFINITIONS/USES

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1 ZONING AMENDMENTS AGRICULTURE, ANIMAL & OUTDOOR DEFINITIONS/USES Gloucester County Planning Commission Presentation January 18,

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3 Agriculture Type Specific Agriculture Discussion Topics: Should we add certain agriculture uses to some residential districts Such as Bayside Conservation C-2 and Suburban Countryside SC-1. Allow some ag and other natural resources based businesses by SE/CUP. Or Should we create a rural residential district which allows some agriculture uses, but is still a residential district? Such as gentleman's farm, low intensity, animals questionable (separate plant based and animal based ag?), limit size, etc? Should we combine the two existing agriculture districts? RC-1 upland Ag District RC-2 East of 17; flood prone, near waterfront residential (C-2) 3

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5 Topics of Discussion Definition Modifications Alphabetize/Organize Revisions/deletions/additions Use Table Revisions/deletions/additions Agriculture Categories Agriculture, Type general Agriculture, Type specific Agriculture, Accessory Agriculture, Sales Agriculture, Other Article 9 & Other discussion topics Concentrated Animal Feeding Operations Application of Biosolids 5

6 Agriculture, type general Existing Agriculture Forestry Portable sawmill Agriculture of forestry Aquaculture facility Aquaculture facility, agricultural Proposed Agricultural operation Forestry operation Aquaculture facility Dredge spoil site 6

7 Agriculture, type general Agriculture Agricultural operation An agricultural Any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This definition includes processing and storage of agricultural products, including grain, fruit, vegetables, meat, or animal products as accessory uses. Key item: Definition matches state code 7

8 Agriculture, type general Forestry Forestry operation The cultivation, maintenance, development, and harvesting of trees. The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut. Excluded from this definition shall be the cutting of timber associated with land development approved by the county, which shall be considered part of the development process and reviewed and approved by the county. Key change: Clarify definition 8

9 Agriculture, type general Portable sawmill A temporary sawmill located on the parcel to be harvested, or an adjacent parcel, for a period not to exceed two (2) years. Agriculture or forestry (no current definition) Key changes: Not needed. Portable sawmill is not a stand alone use. Agriculture and forestry are permitted differently and should not be combined. 9

10 Agriculture, type general Aquaculture facility Any land, structure, or other appurtenance that is used for aquaculture, including any laboratory, hatchery, pond, raceway, pen, cage, incubator, or other equipment used in aquaculture. This ordinance shall not apply to aquaculture facilities that are located below mean low water (MLW) and regulated by other agencies or entities. Aquaculture facility, agricultural An aquaculture facility located on a working farm or in an agricultural zoning district. Agricultural aquaculture facilities shall be treated as other agricultural structures and uses. Key changes: Conforms with state code definition. Current use table states Packing of whole organisms on ice for transport to market shall be permitted. B-1 & B-4 indoor facilities only The SC-1 district is the only difference. Does it need to be an existing working farm for someone to apply for a SE in SC-1? 1

11 Agriculture, type general Districts C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX Agriculture Agricultural operation Forestry Forestry operation Portable sawmill Agriculture or forestry Aquaculture facility Aquaculture facility, agricultural P SE? P P SE? P P P P P P? P? P P? P P P SE P P SE P SE SE P P SE? P P P SE SE P P SE Fill used to highlight proposed changes 11

12 Agriculture, type general Production agriculture or production silviculture The bona fide production or harvesting of agricultural or silvicultural products, but not including the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge. Key change Definitions not referenced in the zoning ordinance Not needed Animal husbandry The raising or keeping of livestock for commercial purposes. 1

13 Agriculture, type general Agricultural products Crops, livestock, and livestock products, including but not limited to: field crops, fruits, vegetables, horticultural specialties, cattle, sheep, hogs, goats, horses, poultry, fur-bearing animals, milk, eggs, aquatic organisms, and furs. Forestal products Saw timber, pulpwood, posts, firewood, Christmas trees and other tree and wood products for sale or for farm use. Key item Referenced in Section 15.1 Zoning permits required. It exempts buildings or other structures associated with used primarily for the production of agricultural or forestal products as defined in the building code (USBC) in agricultural districts from a zoning permit. Conforms to state code Agricultural products - added aquatic organisms to the list 1

14 Agriculture, type general Aquaculture The propagation, rearing, enhancement, and harvest of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water. Key change Conform to state code Aquatic organisms Any species or hybrid of aquatic animal or plant, including fish, shellfish, marine fish, and marine organisms as those terms are defined by State Code. Finfish, shellfish (mollusks, crustaceans, etc.), aquatic plants, and similar creatures and species. 1

15 Agriculture, type general Community Supported Agriculture (CSA) An arrangement whereby individuals purchase shares in, or subscribe to, a farm operation so that it becomes, in essence, the community's farm; the growers and consumers share the risks and benefits of food production. CSA members or subscribers pay at the onset of the growing season for a share of the anticipated harvest; once harvesting begins, they receive shares of vegetables and fruit, and also sometimes herbs, cut flowers, honey, eggs, dairy products, and meat, fish, or seafood as well. Key change Didn t find a reference is zoning ordinance Not needed same as Agricultural Facility 1

16 Agriculture, type general Dairy Farm Any premises where one (1) or more cows or goats are kept and from which milk is sold on or off the premises. Key item Didn t find a reference is zoning ordinance Not needed 1

17 Agriculture, type general Farm One or more areas parcels of land used for the production, cultivation, growing, harvesting or processing of agricultural products. Forest Areas of stands of trees the majority of which are greater than twelve (12) inches caliper, covering an area greater than one-quarter acre; or groves of mature trees without regard to minimum area consisting of substantial numbers of individual specimens. Key item No change Definitions needed to clarify other sections. Conservation ordinance Etc. 1

18 Agriculture, Animal, & Outdoor uses Agriculture, type general Agriculture, type specific Agriculture, accessory Agriculture, sales Agriculture, other Questions / Comments? 18

19 Agriculture, type specific Existing Farm winery Limited farm brewery Limited farm distillery Agritourism activity Proposed Farm winery Farm brewery, limited Farm distillery, limited Agritourism activity Natural resource based business 1

20 Agriculture, type specific Farm winery A winery licensed as a farm winery under Virginia Code , located on one or more lots owned or leased by that winery, and where at least 51 percent of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm and no more than 25 percent of the fruits, fruit juices or other agricultural products used shall be grown or produced outside the Commonwealth of Virginia. A farm winery licensee may also manufacture and sell cider per Virginia Code Key item: No change Requirement is related to Class A license, the more restrictive one where fruits have to be grown on site. For a class B license 75% have to be grown in the commonwealth and not more than 25% outside of VA. 2

21 Agriculture, type specific Limited Farm brewery, limited A brewery licensed as a limited brewery under Virginia Code , located on one or more lots owned or leased by that brewery and in an agricultural zoning district, that manufactures no more than 15,000 barrels of beer per calendar year, provided the agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown on that farm. The sale of beerrelated items that are incidental to the sale of beer shall also be permitted at a licensed limited farm brewery. Key item: Minor name change 2

22 Agriculture, type specific Limited Farm distillery, limited A distillery licensed as a limited distillery under Virginia Code , located on one or more lots owned or leased by that distillery and in an agricultural zoning district, which uses agricultural products grown on that farm to produce no more than 36,000 gallons of alcoholic beverages other than wine or beer in a calendar year. The sale of items related to alcoholic beverages, other than wine or beer, that are incidental to the sale of such alcoholic beverages shall also be permitted at a licensed limited farm distillery. Key item: Minor name change 2

23 Agriculture, type specific Agritourism activity Any activity carried out at on a farm or ranch winery, farm brewery, farm distillery, or agricultural operation, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-yourown activities, or natural activities and attractions. An activity is an agritourism activity regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture. An activity shall not be deemed an agritourism activity solely by reason of its taking place on a farm or ranch. Agritourism activity does not include the following types of activity, among others not specifically listed: (i) the rental of a farm or ranch, or portion thereof, for events such as weddings, wedding receptions, parties, retreats, and other activities, unless such events themselves consists primarily of participation in an agritourism activity; or (ii) activities involving motor vehicle competitions or other activities involving the use of motor vehicles, other that farm vehicles. Such activities may be allowed with a conditional use permit for event facility or commercial outdoor amusement/entertainment/sport as defined herein. Key item: Event facility CA 2

24 Agriculture, type specific Natural resource based business Ecotourism, Hunting and Fishing or other outdoor guide services Nature Camps/Centers Key item: Possibly identify new use categories for rural residential areas? Create new Article 9 2

25 Agriculture, type specific Districts C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX Farm winery P P Limited Farm brewery, limited P P Limited Farm distillery, limited P P Agritourism activity CUP? SE P SE P CUP? Natural resource based business P? CUP? P P? P Fill used to highlight proposed changes 25

26 Agriculture, Animal, & Outdoor uses Agriculture, type general Agriculture, type specific Agriculture, accessory Agriculture, sales Agriculture, other Questions / Comments? 26

27 Agriculture, accessory Existing Livestock production, intensive Livestock feedlot Application of Biosolids as permitted pursuant to Article IV of the Code of the County of Gloucester Feed or grain mill Processing and storage of agricultural products, including grain, fruit, vegetables meat, or animal products Proposed Concentrated animal feeding operation Application of biosolids 2

28 Agriculture, accessory Livestock production, intensive Concentrated animal feeding operation A feedlot for swine or poultry involving three hundred (300) or more animal units, where one (1) swine equals 0.4 animal unit, one (1) turkey equals 0.02 animal unit, and one (1) chicken or other fowl equals 0.01 animal unit. Such operations are further defined and regulated by the state water control law. An animal feeding operation in which animals are raised in confinement that has over 1000 "animal units" confined for over 45 days a year. An animal unit is an animal equivalent of 1000 pounds live weight and equates to 1000 head of beef cattle, 700 dairy cows, 2500 swine weighing more than 55 lbs., 125 thousand broiler chickens, or 82 thousand laying hens or pullets. Key item: Proposed definition from USDA. Have to allow by right in ag districts but can establish setbacks/buffers, etc. Move setbacks located in use table to new Article 9. Dwelling units in nonresidential districts 300 Property lines/roadways 150 Residential districts / schools / recreation areas / public reservoirs

29 Agriculture, accessory Livestock feedlot A fenced or enclosed area where livestock are fattened for sale or animal processing on prepared feed by the primary producer. Key item: Not needed, similar to concentrated animal feeding operations 2

30 Agriculture, accessory Application of biosolids as permitted pursuant to Article IV of the Code of the County of Gloucester The distribution of treated wastewater or sewage sludge upon, or insertion into, the land as regulated by Gloucester County Code Chapter 9.5 Health and Sanitation, Article IV Land Application of Biosolids. Key item: Create new Article 9 to reference Chapter 9.5 Health and Sanitation Gloucester County Code - Article IV Land Application of biosolids We can restrict the storage of them, unless they are being stored on an Ag property they are being applied to. Localities can also adopt regulations for testing, monitoring, etc. 3

31 Agriculture, accessory Feed or grain mill Uses and structures associated with the processing of animal feed or grain products. Processing and storage of agricultural products, including grain, fruit, vegetables, meat, or animal products Key items: Very similar uses Permit as accessory use to Agriculture operation Combine with new use: Manufacturing, food and beverage - An establishment in which food and/or beverages are processed or otherwise prepared for eventual consumption. Samples may be offered to individuals visiting the premises, for on-site consumption. 3

32 Agriculture, accessory Districts Fill used to highlight proposed changes C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX Livestock production, intensive Concentrated animal feeding operation Livestock feedlot Application of biosolids Feed or grain mill Processing and storage of agriculture products Manufacturing, food & bev P P P P CUP? P P SE P? P? P 32

33 Agriculture, accessory Farm tenant dwelling A dwelling located on a farm for the purpose and exclusive use of housing an employee of that farm operation and his/her family. This use is accessory and subordinate to a bona fide agricultural use, as defined herein. Key item: Just a definition, not a use Added exclusive use These are not exempt from building code. Currently no limit to the number allowed. PC Question: Do we really need this/can our accessory dwelling accommodate this use. Don t currently have ag that needs migrant workers. 3

34 Agriculture, Animal, & Outdoor uses Agriculture, type general Agriculture, type specific Agriculture, accessory Agriculture, sales Agriculture, other Questions / Comments? 34

35 Agriculture, sales Existing Livestock market Farmers market (or farm produce stand) Farm produce stand Wayside stand, roadside stand, wayside market Seasonal sales Proposed Farm livestock market Farmers market Farm produce stand Farm wayside stand Seasonal sales 3

36 Agriculture, sales Farm livestock market A commercial establishment wherein livestock are collected for sale or auction. Key item: Minor name change 3

37 Agriculture, sales Farmers market A seasonal gathering of vendors in a predetermined, centralized location for the display of hand-made or regionally harvested agricultural, horticultural, silvicultural, and/or seafood products, excluding livestock, produced off-site and brought to the market for sale; the occasional sales of pumpkins, Christmas trees, and other annual products shall also be permitted. Key item: Similar to Farm produce stand, but without any permanent features 3

38 Agriculture, sales Farm produce stand Any structure or land used for the sale of agricultural, horticultural, silvicultural, and/or seafood products, excluding livestock, produced off-site and brought to the market for sale. A farm produce stand may be open seasonally or year-round, but is considered to be permanent in nature; the occasional sales of pumpkins, Christmas trees, and other annual products shall also be permitted. Key items: This use differs from "farmers market" in that it can have permanent structures, storage areas, etc. A "farmers market" is temporary and typically contains multiple venders. 3

39 Agriculture, sales Farm wayside stand, roadside market, wayside market Any structure or land used for the sale of agricultural and/or horticultural products, excluding livestock, produced by the owner, or his family, on their farm; or, any structure or land used for the sale of hand-crafted merchandise produced by the owner, or his family, on their farm. Key items: Simplify and clarify use Must be sold on the farm where the item was produced. Any structure on, or area of, a farm where agricultural, horticultural, and/or handcrafted products produced by the owner and/or operator or his family are sold. This use excludes livestock. 3

40 Agriculture, sales Seasonal sales The sales of goods and products - such as pumpkins and Christmas trees - that are associated with a particular season or holiday and sold on a temporary and/or annually recurring basis. Key items: No change Does not have to be related to agriculture; applies to all seasonal sales 4

41 Agriculture, sales Farm Livestock market Farmers market Farm produce stand Farm wayside stand, roadside stand, wayside market Districts C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX SE SE CUP SE CUP SE CUP SE SE P P P SE SE P P P SE P P SE Seasonal sales P P P Fill used to highlight proposed changes 41

42 Agriculture, Animal, & Outdoor uses Agriculture, type general Agriculture, type specific Agriculture, accessory Agriculture, sales Agriculture, other Questions / Comments? 42

43 Agriculture, other Existing Sawmills and planing mills Wood recycling facility Seafood processing plant Proposed Sawmills Wood recycling facility Seafood processing plant 4

44 Agriculture, other Sawmills and planing mills A facility where logs or unfinished lumber is processed to produce wood products. Key items: Added definition 4

45 Agriculture, other Wood Vegetative waste recycling facility An enterprise that receives untreated woody material decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree pruning's, bark, limbs, roots, and stumps such as stumps, limbs, bark, and brush associated with land clearing operations or construction, and processes such material for reuse. Key item: Clarified definition Per state code: "Vegetative waste" means decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps. 4

46 Agriculture, other Seafood processing plant The uses and structures associated with the harvesting, preparing, and/or selling of commercial seafood. Key item: Changed and to or 4

47 Agriculture, other Districts C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX Sawmills and planing mills SE CUP SE P? SE CUP P Wood Vegetative waste recycling facility Seafood processing plant CUP SE SE SE SE SE P P Fill used to highlight proposed changes 47

48 Agriculture, Animal, & Outdoor uses Agriculture, type general Agriculture, type specific Agriculture, accessory Agriculture, sales Agriculture, other Questions / Comments? 48

49 END OF PRESENTATION 49

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