This confined feeding standards section applies to the following districts: AG; and IA. The intent of the confined feeding standards is to protect the health, safety and welfare of residents by regulating the placement and operation of confined feeding beyond standards required by state and federal agencies. The following standards apply.
(A) Minimum distance from existing uses. All elements of the confined feeding operation, including animal barns/sheds, lagoons, animal mortality facilities, parking areas, truck maneuvering areas and accessory facilities shall meet the following standards.
(1) Residential and institutional. The minimum separation to an existing residential or institutional use shall be 1,300 feet measured from foundation to foundation.
(2) Retail, restaurant or entertainment uses. The minimum separation to an existing retail, restaurant or entertainment use shall be 1,200 feet measured from foundation to property line.
(B) Reduction of setbacks. The 750-foot required front, side and rear yard setbacks for confined feeding operations may be reduced if the surrounding land is restricted from residential, institutional, retail, restaurant and entertainment uses, resulting in an equivalent setback of 750 feet. The specific regulations are as follows.
(1) Minimum reduction of setbacks.
(a) Distance to public right-of-way. Under no circumstances shall the confined feeding operation be closer than 300 feet from a public right-of-way, when measured from foundation to right-of-way.
(b) Front yard setback. The minimum front yard setback is 100 feet.
(c) Side yard setback. The minimum side yard setback is 100 feet.
(d) Rear yard setback. The minimum rear yard setback is 100 feet.
(2) Options for allowing reduced setbacks. The owner shall secure one or more the following options for the area off-site, from the adjacent property owners to meet the 750 feet minimum.
(a) Deed restriction. The adjacent property shall be restricted by deed and recorded at the County Recorder’s office. The deed restriction shall only be removed by demolition of the confined feeding operation or conversion to a non-restricted use; and by majority vote of the Plan Commission.
(b) Conservation easement. The adjacent property shall be restricted through conservation easement in perpetuity. The conservation easement shall only be able to be removed by demolition of the confined feeding operation or conversion to a non-restricted use; and by majority vote of the Plan Commission.
(C) Animal mortalities. Animal mortalities are subject to the following standards.
(a) Restricted methods. Disposal pits and animal landfills are not permitted.
(b) Permitted methods. On-site incineration, composting and rendering are permissible. Transporting animal mortalities to an off-site incinerator, composting facility or rendering plant is permissible.
(c) Storage for removal to off-site facility. All animal mortalities shall be stored in a leak-proof container or facility, and be fully enclosed with an opaque fence at least six feet in height with a gate to gain access.
(d) Frequency of removal. All animal mortalities shall be removed from the site periodically to assure the on-site storage container or facility does not exceed its designed capacity.
(Ord. 10-2010, passed - -2010, § 5.17)