(1) Prior to approval of a CAFO siting permit for a new CAFO, and after public hearing, the commission shall find that the proposed new CAFO meets the following requirements:
A. General Requirements:
1. The new CAFO shall be within an area zoned A (agricultural), M-1 (light industrial), M-2 (heavy industrial) or IP (industrial park), where appropriate.
2. The new CAFO shall comply with and not be in violation of any federal, state or local laws or regulatory requirements.
3. An applicant shall not begin construction of a new CAFO prior to approval of the CAFO siting permit.
4. A new CAFO shall comply with IDAPA rules governing dead animal disposal.
B. Animal Waste:
1. The new CAFO shall comply with the terms of its nutrient management plan for land application.
2. The new CAFO shall be in compliance with all applicable environmental regulations and requirements.
3. All new lagoons shall be constructed in accordance with state and federal regulations.
C. Site Setbacks: An expansion of an existing CAFO, other than a simple expansion of the number of animals, shall comply with the following site setbacks. If the expansion requires a change in only one or more of the following, the particular item shall comply with the particular setback listed below. The site shall not be required to meet new setback requirements unless the requested expansion requires a change in that particular item. For example, if there is no change in the size or location of the ensilage process, an operator need not bring that particular use into conformance with the requirements of subsection C2 of this section regarding setback from an existing residence.
1. The locating of animal waste systems, corrals, wells and septic systems shall conform to all applicable rules, regulations and specifications as required by those regulatory agencies with CAFO oversight.
2. Any feed product resulting from the ensilage process shall be located at least three hundred fifty feet (350') from any existing residence not belonging to the owner or operator of the CAFO, unless the other owner gives written consent to a shorter distance.
3. All agricultural buildings, feed bunks, feed racks, corrals, feed storage areas, or other improvements shall be set back a minimum of fifty feet (50') from the public rights of way.
4. Lights shall be placed and shielded to direct the light source down and inside the property lines of the new CAFO. All direct glare from the CAFO lights shall be contained within the CAFO facility area.
5. No new CAFO shall be approved unless the following questions are answered to the satisfaction of the commission or board:
(A) Whether the proposed facility will be injurious to or negatively change the essential character of the vicinity.
(B) Whether the proposed facility would cause adverse damage, hazard and nuisance to persons or property within the vicinity.
(C) Whether studies should be ordered at the CAFO applicant's expense to aid the commission/board in determining what additional conditions should be imposed as a condition of approval to mitigate adverse damage, hazard and nuisance effects.
6. The animal waste system shall not be located or operated closer than five hundred feet (500') from an existing residence belonging to someone other than the applicant, or be located and/or operated closer than one hundred feet (100') from the property lines, unless the other owner gives written consent to a shorter distance.
7. No animal waste system shall be located and/or operated closer than one hundred feet (100') from a domestic or irrigation well.
8. No animal waste system shall be located closer than one hundred feet (100') from a public right of way.
9. The setbacks contained herein shall not apply to land application.
D. Exemption To Subsection (1)C Site Setbacks: Certain land parcels may not be conducive to setback requirements due to unique locations, demographics and technology. Where appropriate, the commission may grant an applicant a variance to setback requirements pursuant to section 07-08-01 (variance) of this code. If this setback includes animal waste systems, the systems shall meet all state and federal regulations and be approved by the regulatory agency exercising authority. (Ord. 07-002, 1-18-2007)