A. Definitions: For the purposes of this section, the following definitions shall apply:
1. The term "existing facility" shall apply to any livestock confinement facility that was legally in existence prior to the effective date of this title.
2. The term "existing development" shall refer to uses and activities that are nonagricultural or nonindustrial in nature including, but not limited to: dwelling on a property less than ten (10) acres in size and that is under construction, occupied, or listed for rent or sale; amusement or recreation facility; outdoor auction establishment; bed and breakfast establishment; boarding house; children's treatment facility; campground; church; club or lodge or social hall; daycare facility; drug and alcohol treatment facility; golf course; skilled nursing facility; racetrack; residential care facility; and/or school. However, the term shall not include dwellings and/or establishments associated with the AFO operation.
3. For information on "grandfather rights" for existing uses, see chapter 1, article B, "Nonconforming Property, Use, Or Structure", of this title.
B. Applicability:
1. A new livestock confinement facility or expansion of an existing facility that has three hundred (300) animal units or fewer shall not require Master Site Plan approval.
2. A new livestock confinement facility or expansion of an existing facility that will have more than three hundred (300) animal units shall be deemed an animal feeding operation (AFO) and shall require Master Site Plan approval.
3. A new AFO or expansion of an existing AFO that will have more than one thousand (1,000) animal units shall require conditional use approval.
4. Existing facilities with more than two hundred thirty (230) animal units shall have the option to register their facility with the Ada County Development Services Department by one year after the effective date of this title. The purpose of the registration is to establish the property boundaries and the operating capacity of the livestock confinement facility. Operating capacity shall be either the historic maximum animal units or the maximum design capacity (in animal units) of the facility, whichever number is greater. Existing facilities that register shall be allowed up to a thirty percent (30%) increase in the registered operating capacity without Master Site Plan or conditional use approval.
5. Aquaculture AFOs are exempt from the regulations in this section, except for manure storage setback as set forth in table 8-5-1 of this section.
C. Standards: Livestock confinement facilities shall be located within an RP, RR, RUT, RSW, R1, R1M, R2, R4, R6, R8, or R8M Base District.
D. Additional Standards For AFOs: In addition to the livestock facility standards of subsection C of this section, the following standards shall apply:
1. Compliance: The AFO must comply with and not be in violation of any Federal, State, or local law including, but not limited to, all applicable State of Idaho Department of Agriculture, State of Idaho Department of Environmental Quality, State of Idaho Department of Water Resources, and/or Central District Health Department regulations and specifications.
2. Lighting: All proposed lighting shall comply with the provisions of chapter 4, article H of this title.
3. Siting Standards: For expansions of existing facilities that require Master Site Plan or conditional use approval, the location standards shall only apply to proposed expansions.
a. Lagoons and manure storage shall not be located within a Flood Hazard Overlay District.
b. All lagoons and manure storage areas shall maintain a minimum separation distance, as set forth in table 8-5-1 of this section.
Use | Setback (In Feet) |
Use | Setback (In Feet) |
Another AFO lagoon or manure storage area where existing development is within either AFO sphere of influence | 2,500 |
Another AFO lagoon or manure storage area where there is no existing development within either AFO sphere of influence | 1,250 |
Existing development outside an area of city impact | 1,000 |
Existing development inside an area of city impact | 2,500 |
Public water intakes1 | 300 |
Domestic well2 | 300 |
Streets and roadways | 200 |
Property lines not fronting a street or roadway | 300 |
Notes:
1. Public water intakes shall include, but not be limited to, wells, springs, lakes, and/or streams used as a potable water source.
2. This does not include any domestic well of the AFO owner and/or operator.
c. Silage, haylage, potatoes, or any feed product resulting from the ensilage process shall be stored no closer than three hundred feet (300') from any property line.
d. Each existing facility with three hundred (300) or more animal units and each proposed AFO shall have a one mile radius sphere of influence from the lagoons and/or manure storage areas. The sphere of influence of a proposed AFO may overlap the sphere of another AFO if no existing development is within more than two (2) AFO spheres of influence.
E. Alternative Design: The Director may approve, or recommend approval of, alternative site development when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and shall not be detrimental to the public health, safety, and welfare.
(Ord. 389, 6-14-2000; amd. Ord. 801, 9-12-2012; amd. Ord. 880, 3-14-2018; amd. Ord. 902, 10-2-2019)