(1) Prior to approval of a CAFO siting permit for an expanding CAFO, the commission shall find that the expanding CAFO meets the following requirements:
A. General Requirements:
1. The expanding 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 expanding CAFO shall comply with and not be in violation of any federal, state or local law or regulatory requirements.
3. An applicant shall not begin construction of an expanding CAFO prior to approval of the CAFO siting permit.
4. An expanding CAFO shall comply with IDAPA rules governing dead animal disposal.
B. Animal Waste:
1. The expanding CAFO shall comply with the terms of its nutrient management plan for land application.
2. The expanding 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:
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 expanding CAFO. All direct glare from the CAFO lights shall be contained within the CAFO facility area.
5. The animal waste system shall not be located 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.
6. No animal waste system shall be located closer than one hundred feet (100') from a domestic or irrigation well.
7. No animal waste system shall be located closer than one hundred feet (100') from a public right of way.
8. The setbacks contained herein shall not apply to land application.
D. Exemption To Subsection (1)C Site Setbacks: Existing agricultural buildings, feed bunks, feed racks, corrals and feed storage areas, including feed products resulting from the ensilage process, are exempt from the setback requirements provided they are not being expanded. Certain land parcels may not be conducive to setback requirements due to unique locations and circumstances. Where appropriate, the commission may grant applicants a reduction in setback requirements. If this setback includes an animal waste system, the system shall meet all state and federal regulations and be approved by the regulatory agency with authority over the animal waste system. (Ord. 07-002, 1-18-2007)