§ 90.12 CRITERIA.
   ACO compatibility will be assessed by using the following criteria.
   (A)   Available water supply must be adequate to properly facilitate the planned operation and protect adjacent water sources or local aquifer from contamination or depletion.
   (B)   Installation of landscape buffers between potentially incompatible land uses and along public roads shall be encouraged. Buffering along stream corridors is required.
   (C)   (1)   Setbacks to establish a buffer between neighboring land owners shall be established as follows.
 
Animal Units
Setbacks
Distance from AGO Facility to Incorporated Area
Under 20
None
N/A
20 – 50
100 ft. from a property line and 300 ft. from a residence
1/4 mile
50 – 200
300 ft. from property lines
1/4 mile
200 – 500
500 ft. from property lines
1/2 mile
500 – 2,000
750 ft. from property lines
1 mile
Over 2,000
750 ft.+ 100 ft. for each 1,000 animal units over 2,000
1 mile
 
      (2)   Where ACOs are immediately adjacent to each other the setback requirements may overlap upon the recordable written agreement of both operations. In addition, the land of a third party may be included in the setback property so long as such third party consents in a recordable document.
      (3)   Buffers between ACOs and neighboring property may include berms, foliage, windbreaks, walls, natural terrain, and other buffers. An applicant may include one or more of the foregoing buffers in support of a request for a variance from the setback requirement.
   (D)   Prevailing wind directions will be considered.
   (E)   Waste management control will be considered (i.e., odor control, waste storage, and waste disposal).
   (F)   No ACO shall channel storm water or snow melt runoff in a way that adversely impacts neighboring properties or public ways or channeled into irrigation systems without written consent of the responsible irrigation entity.
   (G)   As required by Idaho Code § 22-2407, it shall be the duty and responsibility of all persons to control noxious weeds on land and property that they own.
   (H)   No ACO shall direct any lighting that would cause a hazardous situation on any public road or directed to shine in neighboring properties homes.
   (I)   Compatibility with neighboring land uses shall be encouraged.
   (J)   Conversion of productive agricultural land to other uses shall be discouraged.
(Ord. 2002-2, passed 8-26-2002) Penalty, see § 90.99