(A) Purpose. The purpose of this section is to provide standards for the keeping of animals in association with various allowed uses in a manner compatible with surrounding uses and consistent with the health, safety, and general welfare of the community.
(B) Keeping animals. The following animals may be kept in the city:
(1) The keeping of domestic animals (house pets) is a permitted accessory use in all zoning districts.
(2) The keeping of horses is a permitted accessory use in the A-1 Agricultural District and the RR Rural Residential District provided:
(a) The minimum lot size is two and one-half acres.
(b) The number of horses does not exceed one per acre unless a higher number is granted by the issuance of a conditional use permit.
(3) The keeping of farm animals in numbers or conditions not defined as an “animal feedlot” is an allowed activity on all farm property. Farm animals may not be confined in a pen, feedlot, or building within 100 feet of any residential dwelling not owned or leased by the farmer. Uses defined as animal feedlots shall be regulated by § 205.19(C) (Keeping of Animals) of this title.
(4) With the exception of the keeping of animals allowed by divisions (1), (2), and (3) of this section, no other animals are allowed except by interim use permit as regulated under the provisions of Chapter 197 (Interim Use Permits) of this title.
(5) Animals may only be kept as a kennel defined by this title or otherwise for commercial purposes if authorized in the zoning district in which the animals are located.
(6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.
(7) Animal enclosures shall be subject to the accessory structure requirements of § 209.05(E) (Single Family Attached and Detached Accessory Uses) of this title.
(8) The keeping of chickens shall be allowed only subject to and in accordance with § 93.15 of this code.
(C) Animal feedlots.
(1) The purpose of this section is to provide for the operation of animal feedlots within the city as to:
(a) Prohibit establishment of new animal feedlots or expansion of existing animal feedlots to levels not compatible with the existing or planned character of the city.
(b) Allow for continuance of existing animal feedlots at present intensities.
(c) Provide regulations that can be applied in an equitable manner to promote best farm management practices, protect valuable ground and surface water resources, minimize environmental effects, and protect human and animal health, safety, and welfare.
(2) Feedlots prohibited.
(a) No new animal feedlots shall be established within the city after the effective date of this title June 7, 2011.
(b) No animal feedlot established prior to the effective date of this title June 7, 2011, shall be allowed to expand its operations beyond its permitted level on the effective date of this title June 7, 2011, subject to § 205.19(C)(3) (Keeping of Animals) of this title.
(c) No farm property or other property allowed to keep farm animals with 10 animal units or less established prior the effective date of this title June 7, 2011, shall expand to more than 10 animal units.
(3) Nonconforming use. Animal feedlots established prior to the effective date of this title June 7, 2011, may continue operations as legal nonconforming uses as allowed by § 204.03 (nonconforming structures or uses) of this title. For the purposes of interpreting expansion of a nonconforming use applicable only to this section, only those activities or actions that result or may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in the capacity of a manure storage area shall be considered to be an expansion of the use and are prohibited.
(4) Performance standards.
(a) Setbacks.
1. The following setbacks shall be required for all manure storage facilities, stockpiles, and application in addition to the requirements of the zoning district in which the use is located:
Category | Animal Building | Manure Storage/Stockpile | Manure Application |
Category | Animal Building | Manure Storage/Stockpile | Manure Application |
Public lake | 1,000 feet | 1,000 feet | 1,000 feet |
Public river or stream, public or private ditch | 300 feet | 300 feet | 300 feet |
Wells serving the public, schools or childcare centers | 200 feet | 200 feet | 200 feet |
Private wells | 100 feet | 100 feet | 100 feet |
Public street | 300 feet | 300 feet | 300 feet |
Residence other than owned by the feedlot owner/operator | 100 feet | 100 feet | 100 feet |
Wetland | 75 feet | 75 feet | 75 feet |
2. Within the A-1 Agricultural District, no new residential dwelling shall be constructed within 1,000 feet of an existing animal feedlot except dwellings constructed as a principal residence on the same parcel and under the same ownership of the owner of the animal feedlot.
3. The separation distances established between an animal feedlot and the categories of uses established by § 205.19(C)(4)(a)1. and 2. (Keeping of Animals) of this title shall be measured from the perimeter of the animal feedlot, manure storage facility or stockpile, or land application to the nearest structure or boundary of the referenced category.
(b) Manure storage and handling.
1. Storage. The owner of an animal feedlot shall have an annual analysis of the water within the perimeter tile of the storage facility prepared by a certified testing laboratory and subject to approval of the City Engineer.
2. Transportation. All vehicles used to transport manure on public rights-of-way shall be leak proof. Spreaders with end gates shall be in compliance with this provision provided that the end gate effectively restricts leakage. Any manure that does leak or spill onto the public right-of-way shall be removed and properly disposed of by the hauler.
3. Land application. Manure shall be injected or incorporated into the soil within 24 hours of application.
(5) Facility closure.
(a) The landowner, owner, and operator of an animal feedlot shall have joint and several liability for closure or remediation of discontinued feedlot operations.
(b) If an animal feedlot ceases operation, the responsible parties shall provide for the following:
1. All manure from the animal feedlot and its storage facilities shall be removed and applied or disposed of in some other permissible manner within a period not to exceed 1 year.
2. The city shall be notified within 60 days that the animal feedlot has ceased operations and that the property is in compliance with this section.
(6) Other requirements. Compliance with all federal, state and local statutes, rules, codes, ordinances, requirements, and standards shall be required.
(7) Emergency notification. In the event of a manure leak or spill, the owner, operator, or individual responsible for the transport and application of manure shall immediately notify the city and shall take appropriate actions in accordance with those agencies to prevent harm to public safety, health, and welfare.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2016-12-6B, passed 12-6-2016)