20.50.170 CF-02 – Intense confined feeding standards.
This confined feeding standards (CF) section applies to the following district:
A3
The following standards shall apply:
A. Applicability. The development standards in this section apply to the following improvements.
1. New Confined Feeding Operation. Any new confined feeding operation as may be permitted in Chapter 20.20 JCC, Zoning Districts, for the subject zoning district as a permitted or special exception use.
2. Use Variance. Any new confined feeding level 2 or confined feeding level 3 approved as a use variance in any zoning district.
3. Expansion of a Confined Feeding Operation. Any existing confined feeding operation that:
a. Expands an existing building or constructs an additional building to house animals; or
b. Increases its number of animals by twenty-five percent (25%), but less than fifty percent (50%), based on the number of animals approved on the IDEM permit or by Jasper County, whichever is less.
B. Minimum Buffer Area. The minimum buffer area shall be one thousand three hundred twenty (1,320) feet as measured from the foundation of any building, structure, or storage area of the confined feeding operation to the dwelling, if any, of neighboring properties.
1. Minimum Setback. The minimum setback to a property line and a road shall be five hundred (500) feet measured from any building, structure, or storage area of the confined feeding operation to the property line of neighboring properties. The minimum setback shall be only three hundred (300) feet if the neighboring property is zoned as an A-1 district.
2. Property in Common Ownership. Contiguous lots owned by the owner of the confined feeding operation shall be considered one (1) lot for the purposes of meeting the minimum setback requirements. A stream, road, or railroad that separates commonly owned properties shall not negate contiguity. When contiguous lots are used to meet the minimum setback standards the following provisions apply to the subject site (i.e., the actual lot on which the confined feeding operation is located):
a. Setback from a Road. The minimum front setback shall be three hundred (300) feet measured from any building, structure, or storage area of the confined feeding operation to a public right-of-way.
b. Setback to a Property Line. The minimum side and rear setback shall be one hundred (100) feet measured from any building, structure, or storage area of the confined feeding operation to a side or rear property line.
3. Loss of Entitlement. If contiguous land used to meet the setback requirement is thereafter sold or transferred to any other person or entity, the confined feeding operation requiring such setback shall be in violation of this zoning code and shall be terminated.
C. On-Site Maneuvering. The driveway, parking, turn around and loading areas that serve the confined feeding operation shall meet these requirements:
1. Driveway Minimum Width. The minimum width of the driveway (i.e., the driveway cut between the property line and the edge of pavement) shall be twenty-six (26) feet. The driveway shall include, on each side, a twelve (12) foot radius flare, or similar flare, at the intersection of the driveway and the pavement edge.
2. On-Site Parking and Maneuvering. All large vehicles that serve the operation shall have sufficient area on site to park, turn around, maneuver and unload.
3. Driveway and Maneuvering Surface. The driveway, parking, turn around, and loading areas shall be paved or graveled. Under all circumstances, the driveway shall be paved from the edge of pavement of the road for a minimum distance of forty (40) feet and shall meet Jasper County Highway Department specifications for County roadways.
D. Road Capacity. The capacity of roads used by such confined feeding facility shall be sufficient to safely and efficiently accept vehicular traffic generated by or necessitated by the operation. The Jasper County Highway Department shall recommend a primary route for heavy trucks to protect the County roads from truck damage, subject to the approval of the Jasper County Commissioners. The owner and operator of such confined feeding operation shall be responsible for improving all or portions of the roads (as directed from time to time by the Jasper County Commissioners) on the primary route between such confined feeding use and the nearest State highway identified by the Jasper County Commissioners as needing improvement to serve the transportation needs of such use and the protection of the roads of the County. The improvements shall meet engineering standards of the Jasper County Highway Department.
E. Animal Mortalities. Animal mortalities are subject to the following standards.
1. Disallowed Methods. Animal landfills are not permitted.
2. Time Limit for Disposal. The carcass of each animal that dies at the confined feeding use shall be disposed of or moved to a holding facility within twenty-four (24) hours of the time that the death of the animal is known.
3. Allowed Methods. Animal carcasses may be disposed of on site in a manner allowed by State law by burial (with each part of the animal carcass placed at least four (4) feet beneath the top surface of the soil), incineration, composting or rendering. Transporting animal mortalities to an off-site incinerator, composting facility, or rendering plant is also permissible.
4. Storage for Removal to Off-Site Facility. All animal mortalities shall be stored in a generally leak-proof container or containment facility, and be fully enclosed with an opaque fence (i.e., privacy fence) at least six (6) feet in height with a gate to gain access.
5. Frequency of Removal. All animal mortalities shall be removed from the site frequently to assure the on-site storage container or containment facility does not exceed its designed capacity, or cause significant odor at any point along the property line with adjacent lots.
F. Complying with Pollution Regulations. The confined feeding operation shall comply with all applicable State and Federal air and water pollution control regulations and shall comply with all storm water drainage requirements of Jasper County.
G. Complying with Animal Waste Disposal Regulations. The confined feeding operation shall comply with all applicable State and Federal regulations for the handling and disposal of animal waste.
H. Inspection. Confined feeding facilities are subject to periodic inspection by the Zoning Administrator to assure that Jasper County zoning ordinance’s required standards are being met.
I. Poultry Manure Handling. All confined feeding facilities for chickens or turkeys shall use a dry manure handling system.
J. Number of Animal Types. Only one (1) kind of animal shall be permitted in a confined feeding operation on a single lot.
K. Anaerobic Digesters. Each confined feeding use that exceeds the threshold of one thousand (1,000) beef cattle or dairy cattle (defined as an animal exceeding 600 pounds) as part of an expansion or upon initial establishment shall be required to install and utilize an anaerobic digester.
L. Shelterbelt Requirements. Each confined feeding level 3 use shall be required to install and maintain a shelterbelt.
1. Required Trees. The shelterbelt shall consist of the following types of trees planted in the following manner:
|
Type of Tree |
Number of Trees to Be Planted |
Where Planted in Relation to Other Trees |
|---|---|---|
|
Canopy tree (tall deciduous tree) |
One tree for every 40 feet of shelterbelt distance |
30 feet from any other canopy tree, 30 feet from any ornamental tree or evergreen tree, and 15 feet from any understory tree |
|
Understory or ornamental deciduous tree |
One tree for every 70 feet of shelterbelt distance |
30 feet from any canopy tree, 15 feet from any other ornamental tree or understory tree, and 15 feet from any evergreen tree |
|
Evergreen tree |
One tree for every 50 feet of shelterbelt distance |
30 feet from any canopy tree, 30 feet from any ornamental tree or understory tree, and 10 feet from any other evergreen tree |
2. Tree Specifications. Deciduous trees used shall be at least six (6) feet in height when planted. Evergreen trees shall be at least four (4) feet in height. Existing trees shall count toward this requirement when their size and location fulfill the intent of this requirement.
3. Replacement of Trees. A tree that dies shall be replaced within six (6) months; however, trees only need to be replaced after ten percent (10%) of the cumulative trees have been lost, and shall only be required to be maintained at the ninety percent (90%) level.
4. Location. The shelterbelt shall be located at least fifty (50) feet outside the area used for the confined feeding operation (i.e., including areas used for animal confinement, feed storage, manure storage, and animal mortalities storage). It shall also be contained fully within the property line of the subject lot where the confined feeding operation is carried out (i.e., not on adjacent lots of common ownership).
5. Intense Use Exemption. If a property line is contiguous with another confined feeding operation, land zoned as an A3 district, or zoned as an I2 district or HI district, the shelterbelt requirement to buffer that neighboring property would not be required.
6. Large Buffer Exemption.
a. If the owner of the confined feeding operation maintains a buffer of adjacent land at least 1,320 feet between the confined feeding operation and any other nonowned land zoned as an A1 district, A4 district, PR district, or CO district, then the shelterbelt for buffering those parcels shall not be required; and
b. If the owner of the confined feeding operation maintains a buffer of adjacent land at least 2,640 feet between the confined feeding operation and any other nonowned land zoned as an A2 district, commercial districts, or I1 district, then the shelterbelt for buffering those parcels shall not be required.
7. Shelterbelts between Roads. When a road is at least 750 feet from the confined feeding operation, the shelterbelt’s required trees may be reduced by one-half (½).
8. Loss of Entitlement. If land used to achieve the “large buffer exemption” is thereafter sold or transferred to any other person or entity, the confined feeding operation shall be in violation of this zoning code and shall be terminated, or the shelterbelt shall be installed.
M. See new CF-03 for manure application standards that apply. [Ord. 12-3-18A § 1; Ord. 6-6-16B § 1; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.17.]