For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL FEEDING OPERATION (AFO). A lot or facility where the following conditions are met:
(1) Animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and
(2) Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
COMMERCIAL ENTERPRISE.
(1) Means a building:
(a) Used as a part of a business that manufactures goods, delivers services or sells goods or services;
(b) Customarily and regularly used by the general public during the entire calendar year; and
(c) Connected to electric or water systems.
(2) A COMMERCIAL ENTERPRISE does not include an agriculture operation.
COMPREHENSIVE NUTRIENT MANAGEMENT PLAN (CNMP). The objective of a CNMP is to provide AFO owners/operators with a plan to manage manure and organic by-products by combining conservation practices and management activities into a conservation system that, when implemented, will control soil erosion.
EDUCATION INSTITUTION. A building in which any part is used:
(1) For more than three hours each weekday during a school year as a public or private:
(a) Elementary school;
(b) Secondary school; or
(c) Kindergarten.
(2) A state institution of higher education as defined in U.C.A. § 53B-3-102; or
(3) A private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.
EXISTING DWELLING. A single- or multi-family dwelling that was previously constructed or under construction prior to the submission of an application for a CAFO.
HEALTH CARE FACILITY. The same as that term is defined in U.C.A. § 26-21-2.
LARGE CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). An animal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories:
(1) Seven hundred mature dairy cows, whether milked or dry;
(2) One thousand veal calves;
(3) One thousand cattle, other than mature dairy cows or veal calves, with “cattle” including heifers, steers, bulls and cow calf pairs;
(4) Two thousand five hundred swine, each weighing 55 pounds or more;
(5) Ten thousand swine, each weighing less than 55 pounds;
(6) Five hundred horses;
(7) Ten thousand sheep or lambs;
(8) Fifty-five thousand turkeys;
(9) Thirty thousand laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;
(10) One hundred twenty-five thousand chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;
(11) Eighty-two thousand laying hens, if the animal feeding operation uses other than a liquid manure handling system;
(12) Thirty thousand ducks, if the animal feeding operation uses other than a liquid manure handling system; or
(13) Five thousand ducks, if the animal feeding operation uses a liquid manure handling system.
MANURE. Includes manure, bedding, compost, a raw material or other material commingled with manure or set aside for disposal.
PUBLIC AREA. Land that:
(1) Is owned by the federal government, the state or a political subdivision with facilities that attract the public to congregate and remain in the area for significant periods of time;
(2) (a) Is part of a public park, preserve or recreation area that is owned or managed by the federal government, the state, a political subdivision or a non-governmental entity; and
(b) Has a cultural, archaeological, scientific or historic significance or contains a rare or valuable ecological system, including a site recognized as a national historic landmark or site; or
(3) Is a cemetery.
RELIGIOUS INSTITUTION. A building and grounds used at least monthly for religious services or ceremonies.
(Ord. 2022, passed - -)