§ 90.51 NEW AND EXPANDED POULTRY OPERATION.
   In addition to complying with all federal and state regulations relating to poultry operations, the following guidelines apply.
   (A)   A poultry operation shall be located no closer than 1,500 feet from another poultry operation, as measured from the nearest poultry house on each tract. A poultry operation shall be a minimum of 2,000 feet from a city limit or the nearest rural community.
   (B)   A poultry operation with three or four poultry houses shall be a minimum of 1,000 feet from the nearest dwelling not owned by a poultry producer with tunnel ventilation fan outlets a minimum of 1,250 feet from the nearest dwelling.
   (C)   A poultry operation with more than four poultry houses shall be a minimum of 1,500 feet from the nearest dwelling not owned by the poultry producer with tunnel ventilation fan outlets a minimum of 1,750 feet from the nearest dwelling.
   (D)   Setbacks relating to dwellings, churches, and property lines may be waived by the owner of these facilities by obtaining a sworn affidavit from the owner that he or she is agreeable to the waiver.
   (E)   When a poultry producer entity decides to construct a poultry house in the county, the producer shall apply to the County Engineer for a permit for construction and/or operation of a poultry house 30 days prior to the beginning of construction and/or operation. The application must contain the following information:
      (1)   The name, address, and telephone number of the entity seeking the permit and the same such information for anyone having the contractual authority to direct the manner of construction of the poultry house, or the manner in which poultry will be housed. Any such entity exercising such authority shall ensure that the operator of the poultry facility has applied for and been granted a permit;
      (2)   The location of the proposed facility, the acreage of the site, and the number of houses proposed;
      (3)   Certification that all applicable portions of this subchapter will be complied with;
      (4)   Number of chickens proposed for the facility;
      (5)   Any setback waivers obtained from surrounding property owners; and
      (6)   Verification reflecting distances where nearest homes are located in relation to proposed poultry house, composters, and litter storage facilities.
   (F)   The poultry operation must have a litter storage building and a composter built on-site. The litter storage building shall be of sufficient size to accommodate the normal volume of litter. The composter may be built in the litter storage building or may be built separately.
   (G)   (1)   Poultry houses shall be situated on the farm so as to create the least possible impact on neighboring homes and residents.
      (2)   This shall include, but is not limited to, directing exhaust fans away from the nearest neighboring homes.
(Ord. KOC 840.1 (2004), passed 1-22-2004)