§ 152.027  BUILDING, HOLDING BASIN, LAGOON AND MANURE STORAGE AREA; SETBACKS.
   (A)   General. No permits shall be issued for the construction of an open-air clay, earthen or flexible membrane lined swine waste lagoon or holding pond. This prohibition does not apply to repair or modification  related to an environmental improvement of an existing lagoon or holding pond, nor does it apply to containment basins constructed to handle runoff only from existing animal feedlots, as necessary to correct a potential pollution hazard. Livestock buildings, manure holding basins, lagoons and manure storage areas shall be constructed, operated and maintained so as to minimize the aesthetic, health, odor and pollution concerns associated with neighboring properties and land uses. The following setbacks shall apply.
      (1)   Property lines.
         (a)   All buildings housing livestock, open feedlots and solid manure storage areas, including short-term stockpiling sites: 100 feet; and
         (b)   Liquid manure storage areas in compliance with Minn. Rules part 7020.2100: 200 feet.
      (2)   Neighboring properties.
         (a)   Pre-ordinance feedlots.
            1.   The modifications and/or expansion of existing animal feedlots and/or permanent manure storage areas that are located within 500 feet of an existing dwelling unit may be allowed, if they do not further encroach on the established setback. Existing feedlots that are within 1,000 feet of an existing dwelling may not expand to more than 499 animal units, unless a conditional use permit is obtained.
            2.   When an expansion requires a CUP, the Planning Commission shall consider the impact on pre-existing dwelling units within 1,000 feet and may require that the expansion meet the standards of a new feedlot.
         (b)   Post-ordinance feedlots.
            1.   No permits for a new dwelling unit shall be issued within 500 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of ten to 499 animal units, nor within 1,000 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of 500 or more animal units unless a variance is obtained under § 152.079 of this chapter.
            2.   No permits shall be issued for the construction and/or creation of a new animal feedlot or permanent manure storage area requiring registration and/or a permit of ten to 499 animal units that is located within 500 feet of an existing dwelling, nor for the construction and/or creation of a new animal feedlot or permanent manure storage area of 500 or more animal units within 1,000 feet of an existing dwelling unless a variance is obtained under § 152.079 of this chapter.
            3.   An animal feedlot that currently does not need to register and is located within 500 feet of a dwelling owned by a person other than an immediate family member may not expand to such a number of animal units that would require registration and/or a permit.
         (c)   Commercial or industrial activity. Five hundred feet from any area zoned B-1, B-2 or I-1 under Ch. 155 of this code of ordinances.
         (d)   Exemption. Owners and/or operators of an existing feedlot, a proposed feedlot or a feedlot modification or expansion, and their immediate family, shall be exempt from the setback requirements set forth in this section, with respect to any dwellings or feedlot improvements owned by them. Division (A)(1) above regarding property line setbacks shall still be valid.
   (B)   Minimum standards. The standards set above are minimum standards that may be increased by the Planning Commission during the conditional use permit issuance process due to concerns or circumstances unique to a specific feedlot permit application.
   (C)   Existing operations. Animal feedlots in active operation prior to the adoption of this chapter shall comply with the standards of this section whenever possible when a change in operation, animal numbers or new livestock facility is proposed.
(Ord. 06-02, passed 4-4-2006)