A.

Purpose. The I-A, intensive agricultural zoning district, is intended to help preserve existing agricultural land resources, identify the areas suitable for developing agricultural operations that can become or remain competitive by taking advantage of economies of scale, prevent the premature conversion of rural lands to urban use and accommodate animal agricultural uses and other uses that may be more intensive agriculture enterprises that have been historically developed in Iron County. The zone use and development regulations are designed to implement general plan goals by discouraging urban and suburban development on lands that have prime agricultural soils, water and locations that are conducive to agriculture and are not well served by public facilities and services typical of residential development. The I-A zone is generally compatible with the "agriculture" and "open space" land-use designations of the general plan. The I-A zone is not intended to be applied near urbanized areas and is not intended to accommodate residential uses as a principal use. The I-A zone is compatible with, and complimentary to the A-20 zone and the classification of land into the I-A zone shall not be considered a spot zone when the land is surrounded by property zoned A-20, but is consistent with the intent of the Iron County general plan for agricultural lands. Accordingly, it is inconsistent with the intent of the I-A zone to change land from A-20 zoning district to the I-A zoning district where the intended primary use of the land is a permitted use in the A-20 zone. It is also inconsistent with the intent of the I-A zone to zone land I-A for more land than is required by the intended use of the land.

B.

Permitted Uses. Attached hereto in Section 17.16.030 of this title is the table setting forth the permitted uses in the I-A zone.

C.

Conditional Uses. Attached hereto in Section 17.16.030 of this title or conditional uses which may be allowed in the I-A zone, if reviewed and approved in accordance with procedures and standards of Title 17 of the Iron County zoning ordinance.

D.

Property Development Standards. The following property development standards apply to all land within the I-A zone.

1.

Minimum Lot Size. The minimum lot size shall be eighty contiguous acres.

2.

Maximum Residential Density. The residential density shall not exceed one single-family dwelling in eighty acres. Accessory dwellings for worker housing and single-family dwellings are regulated through the conditional use permit process.

3.

Minimum Setbacks. There shall be a two hundred foot minimum setback from the property line for all principal uses and structures, including animal waste facilities and sites, within the I-A zone. Accessory structures, including dwellings and employee housing, are subject to the setback requirements of the A-20 zone.

(Ord. 171 § 1, 2001)

The following animal operation classifications are added or replace any previous classifications and/or definitions set forth in the Iron County zoning ordinance.

A.

Animal Operation. "Animal operation" means a lot or building or combination of contiguous lots or buildings, designed and intended for the confined feeding, breeding, raising, or holding of animals other than swine. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland and vegetative cover is not maintained within the enclosure. The facilities are specifically designed as a confinement area where manure may accumulate and the concentration of animals is such that vegetative cover is not maintained within the enclosure.

There are seven types or categories of animal operations, as described in this section. Criteria to specifying animal operation types are generally specified by animal numbers (see Section 17.30.040(B) of this chapter) and periods of concentration, but may include specific requirements for groundwater management, as described in this section.

Animals less than six months of age that are unweaned (sucklings) shall not be considered in counting animal numbers when determining animal operation types.

1.

Urban Animal Operation. "Urban animal operation" means a small animal operation with the number of animals confined to be less than a type I animal operation (ten animal units) for an unspecified period.

2.

Type I Animal Operation. "Type I animal operation" means an animal operation with the numbers of animals confined to be less than a type II animal operation (eleven to twenty-five animal units) for an unspecified period.

3.

Type II Animal Operation. "Type II animal operation" means an animal operation with the numbers of animals confined, for an unspecified period, to be less than a type III or type IV animal operation (one thousand animal units), but equals or exceeds:

a.

Twenty-six slaughter and feeder cattle;

b.

Eighteen mature dairy cattle, whether milked or dry cows;

c.

Thirteen horses;

d.

Two hundred sixty sheep;

e.

One thousand four hundred thirty turkeys;

f.

Two thousand six hundred laying hens or broilers, if the facility has continuous over flow watering;

g.

Seven hundred eighty laying hens or broilers, if the facility has a liquid manure handling system;

h.

One hundred thirty ducks; or

i.

Twenty-Six Animal Units. This is intended to include total animal units combining all species kept at the same facility.

4.

Type III Animal Operation. "Type III animal operation" means an animal operation with the numbers of animals confined, for less than one hundred eighty days, to be less than a type V animal operation, but equals or exceeds:

a.

One thousand slaughter and feeder cattle;

b.

Seven hundred mature dairy cattle, whether milked or dry cows;

c.

Five hundred horses;

d.

Ten thousand sheep;

e.

Fifty-five thousand turkeys;

f.

One hundred thousand laying hens or broilers, if the facility has continuous over flow watering;

g.

Thirty thousand laying hens or broilers, if the facility has a liquid manure handling system;

h.

Five thousand ducks; or

i.

One thousand animal units. This is intended to include total animal units combining all species kept at the same facility.

5.

Type IV Animal Operation. "Type IV animal operation" means an animal operation with the numbers of animals confined, for more than one hundred eighty days, to be less than a type VI animal operation, but equals or exceeds:

a.

One thousand slaughter and feeder cattle;

b.

Seven hundred mature dairy cattle, whether milked or dry cows;

c.

Five hundred horses;

d.

Ten thousand sheep;

e.

Fifty-five thousand turkeys;

f.

One hundred thousand laying hens or broilers, if the facility has continuous over flow watering;

g.

Thirty thousand laying hens or broilers, if the facility has a liquid manure handling system;

h.

Five thousand ducks; or

i.

One thousand animal units. This is intended to include total animal units combining all species kept at the same facility. A facility includes all buildings, pens, lots, corrals and property where animals are kept that falls within the required separation distance for a type IV animal operation. Or one of the following conditions are met:

i.

Utah pollutant discharge elimination system (UPDES) general approval for concentrated animal feeding operations (CAFOs) (Permit No. UTG080000) is required or recommended by the department of environmental quality, water quality division, or the executive secretary of the Utah water quality board designates the animal feeding operation as a CAFO;

ii.

Lagoons are discharged into the waters of the state through a man-made ditch, flushing system, or other similar man-made devise;

iii.

Pollutants are discharged directly into the waters of the state which originate outside and pass over, across or through the facility or otherwise come into direct contact with the animals confined in the operation; or

iv.

Where regulations governing surface water discharges (U.C.R. 317-8-3.5), qualify the operation as a CAFO, and as such, coverage under the Utah pollutant discharge elimination system (UPDES) general approval for CAFOs (Permit No. UTG080000) would be required.

6.

Type V animal operation. "Type V animal operation" means an animal operation with the numbers of animals confined, for less than ninety days, to equal or exceed:

a.

Two thousand slaughter and feeder cattle;

b.

One thousand five hundred mature dairy cattle, whether milked or dry cows;

c.

One thousand horses;

d.

Fifteen thousand sheep;

e.

One hundred thousand turkeys;

f.

Two hundred thousand laying hens or broilers, if the facility has continuous over flow watering;

g.

Sixty thousand laying hens or broilers, if the facility has a liquid manure handling system;

h.

Ten thousand ducks; or

i.

Two thousand animal units. This is intended to include total animal units combining all species kept at the same facility. A facility includes all buildings, pens, lots, corrals and property where animals are kept that falls within the required separation distance for a type V animal operation.

7.

Type VI Animal Operation. "Type VI animal operation" means an animal operation with the numbers of animals confined, for more than ninety days in any twelve month period, equals or exceeds;

a.

Two thousand slaughter and feeder cattle;

b.

One thousand five hundred mature dairy cattle, whether milked or dry cows;

c.

One thousand horses;

d.

Fifteen thousand sheep;

e.

One hundred thousand turkeys;

f.

Two hundred thousand laying hens or broilers, if the facility has continuous over flow watering;

g.

Sixty thousand laying hens or broilers, if the facility has a liquid manure handling system;

h.

Ten thousand ducks; or

i.

Two thousand animal units. This is intended to include total animal units combining all species kept at the same facility. A facility includes all buildings, corrals and property where animals are kept that falls within the required separation distance for a type VI animal operation, and a Utah pollutant discharge elimination system (UPDES) general approval for concentrated animal feeding operations (CAFOs) (Permit No. UTG080000) is required or recommended by the department of environmental quality, water quality division, or the executive secretary of the Utah water quality board designates the animal feeding operation as a CAFO.

B.

Farm. "Farm" means an area of twenty contiguous acres or more which is used for the commercial production of farm crops, such as vegetables, fruit trees, hay, grain and other products and their storage, as well as the raising thereon of farm poultry and farm animals, such as horses, cattle, sheep, swine and fur bearing animals for commercial purposes and dairy farms. The term "farm" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the products and including farm employee housing, which must be located on the farm and shall not be divided or sold separately from the farm parcel. "Farm" includes type II animal operations and type II swine operations.

C.

Hobby Farm. "Hobby farm" means a farming operation that generally meets the description of a farm, including the production of farm crops, as well as raising thereon of farm poultry and farm animals; however, a hobby farm may not have more animals than allowed in a type I animal operation or type II swine operation, and does not require a twenty-acre minimum lot size, but must have a minimum of two contiguous acres. All provisions of Section 17.36.250 of the county zoning ordinance shall apply to hobby farms within a subdivision in the R2 and R5 zoning districts.

D.

Swine Operation. "Swine operation" means a lot or building or combination of contiguous lots or buildings, designed and intended for the confined feeding, breeding, raising, or holding of swine. Feed is brought to the swine rather than the swine grazing or otherwise seeking feed in pastures, fields, or on rangeland and vegetative cover is not maintained within the enclosure. The facilities are specifically designed as a confinement area where manure may accumulate and the concentration of animals is such that vegetative cover is not maintained within the enclosure.

There are six types or categories of swine operations, as described in this subsection. Criteria generally used to determine swine operation types are animal numbers and may include specific requirements for groundwater management, as described in this subsection.

Swine less than fifty-five pounds that are unweaned (sucklings) shall not be considered in counting swine numbers when designating swine operation types.

1.

Type I Swine Operation. "Type I swine operation" means a swine operation with two or less swine (no farrowing sow), for an unspecified period.

2.

Type II Swine Operation. "Type II swine operation" means a swine operation with more than two and less than six swine, for an unspecified period.

3.

Type III Swine Operation. "Type III swine operation" means a swine operation with more than five and less than twenty-one swine, for an unspecified period.

4.

Type IV Swine Operation. "Type IV swine operation" means a swine operation with more than twenty and less than fifty-one swine, for an unspecified period.

5.

Type V Swine Operation. "Type V swine operation" means a swine operation with more than fifty swine and less than two hundred fifty swine, for an unspecified period.

6.

Type VI Swine Operation. "Type VI swine operation" means a swine operation with two hundred fifty swine or more, for an unspecified period.

E.

Urban Farm. "Urban Farm" means a small farming operation that is generally conducted in urban residential areas of the county, includes the production of farm crops, including land used for the production of market gardens, as well as raising thereon of farm animals; however, an urban farm may not have more animals than allowed in this Section (17.30.020) and Section 17.30.030 of the Iron County Code. Provisions of Section 17.36.250 of the county zoning ordinance shall apply to "urban farms" within a subdivision in the R-1/2, R-1, R-2 & R-5 zoning districts.

(Ord. 171 § 2, 2001; Ord. No. 2019-8, § 5, 11-12-2019)

A.

Summary Chart for Swine Operations.

Notes:

* Swine less than fifty-five pounds that are unweaned (sucklings) shall not be considered in counting swine numbers when determining swine operation types.

** Separation Schedules:

Schedule 3

1 mile + ¼ mile/50 swine over 50 swine up to 2 miles (public places)

¼ mile from type V or type VI swine operations, type IV, type V, or type VI animal operation, residence

200 ft. from fed/state road, ungrouted private well, water body

100 ft. from county road, grouted private well

Schedule 4

2 miles + 1/10 mile/250 swine over 250 swine up to 8 miles (public gathering places)

½ mile from type V or type VI swine operation, type IV, type V, or type VI animal operation, residence

300 ft. from fed/state road, or water body

200 ft. from county road, or ungrouted private well

100 ft. from grouted private well

*** Regulation Level:

A Section 17.36.250, <20 acres

B 20 acre min.

D 20 acre min., CUP, separations (UPDES, CNMP, if required)

E 80 acre min., CUP, separations, odors, zone change, UPDES, CNMP

CUP—Conditional use permit approved by the Iron County planning commission.

UPDES—Utah pollutant discharge elimination system general approval for CAFOs Permit No. UTG080000, issued by the Utah State Department of Environmental Quality (DEQ).

CNMP—Comprehensive nutrient management plan, prepared in accordance with the Natural Resources Conservation Service, Field Office Technical Guide.

_____

B.

Animal Units.

1.

A type I swine operation may not exceed two swine (one animal unit).

2.

A type II swine operation may not exceed five swine (two animal units).

3.

A type III swine operation may not exceed twenty swine (eight animal units).

4.

A type IV swine operation may not exceed fifty swine (twenty animal units).

5.

A type V swine operation exists when there are provisions on the operation site for more than fifty swine (twenty animal units), but less than two hundred fifty swine (one hundred animal units).

6.

A type VI swine operation exists when there are provisions on the operation site for two hundred fifty or more swine (one hundred animal units).

C.

Separation Distances. The following minimum separation distances shall apply to all type V and type VI swine operations. Separation distances shall be measured from the closest edge of the type V or type VI swine operation building or containment area, or the waste treatment facility, to the boundary of the neighboring property from which the separation must be established.

1.

Type I Swine Operation Separation Distances. There are no required minimum separation distances for urban farms or hobby farms.

2.

Type II Swine Operation Separation Distances. There are no required minimum separation distances for farming operations and feedlots.

3.

Type III Swine Operation Separation Distances. There are no required minimum separation distances for farming operations and feedlots.

4.

Type IV Swine Operation Separation Distances. There are no required minimum separation distances for farming operations and feedlots.

5.

Type V Swine Operation Separation Distance.

a.

Public Gathering Places. There shall be a minimum separation distance of one mile for type III swine operations from any hospital, outdoor recreation facility, national park, state park, historic property, child care center, school, urban planning area, incorporated municipality, or church.

b.

Incremental Increases. The separation distance shall increase by an additional one-fourth of a mile for every fifty swine (twenty animal units), above fifty swine (twenty animal units) not to exceed two miles.

c.

Type V and Type VI Swine Operations, Types III, IV, V, VI Animal Operations and Residences. A type III swine operation shall maintain a minimum separation of one-quarter mile from a type VI swine operation, another type V swine operation, types III, IV, V, VI animal operation, or to the boundary of the neighboring occupied property with an inhabitable structure, with no incremental increases for additional animal units.

d.

Separation Distance Exemption. The minimum separation distances from the following public gathering places shall not be required of a new type V swine operation where the owners of a hospital, child care center, private school, or church have granted an odor easement to the owners of the new type V swine operation. Such odor easement shall comply with the terms set forth in Section 17.30.060 of this chapter.

e.

Other Separations. Type V swine operations shall have a two hundred foot distance from any state or federal road right-of-way and one hundred feet from any county right-of-way. A type V swine operation cannot be located within Zone 1 or Zone 2 of any public water system; or within two hundred feet of an ungrouted private well, or one hundred feet from a grouted private well, as provided in Southwest Utah Public Health Department rules for nonpublic water systems. A type V swine operation shall not be within two hundred feet of any open water body, including streams, lakes and commonly shared irrigation canals, etc.

f.

Prevailing Wind Provision. Upon showing by a conditional use permit applicant, the planning commission, by convincing evidence that there is a historical prevailing wind, may offset the separation distance sphere by as much as fifty percent. However, the offset shall not decrease the area within the separation distance. The shape and size of the separation area shall remain constant. This provision allows only for the shifting of the separation area sphere to the downwind direction by as much as fifty percent.

6.

Type VI Swine Operation Separation Distances.

a.

Public Gathering Places. The minimum separation distance for type VI swine operations shall be at least two miles from any hospital, outdoor recreation facility, national park, state park, historic property, child care center, school, urban planning area, incorporated municipality, nonagriculture-based business, or church.

b.

Incremental Increases. The separation distance shall increase one-tenth of a mile for every additional two hundred fifty swine (one hundred animal units) above two hundred fifty swine (one hundred animal units). Such distance shall not exceed eight miles.

c.

Type V and Type VI Swine Operations, Types III, IV, V, VI Animal Operations and Residences. A type VI swine operation shall maintain a minimum separation of one-half mile from a type V swine operation, another type VI swine operation, types III, IV, V, VI animal operation, or to the boundary of the neighboring occupied property with an inhabitable structure, with no incremental increases for additional animal units.

d.

Separation Distance Exemption. The minimum separation distances from the following public gathering places shall not be required of a new type VI swine operation where the owners of a hospital, child care center, private school, or church have granted an odor easement to the owners of the new type VI swine operation. Such odor easement shall comply with the terms set forth in Section 17.30.060 of this chapter.

e.

Other Separations. There shall be three hundred feet from the type VI swine operation facility to any, state, or federal road right-of-way, and two hundred feet from any county right-of-way. A type VI swine operation cannot be located within zone 1 or zone 2 of any public water system; or within two hundred feet of an ungrouted private well, or one hundred feet from a grouted private well, as provided in Southwest Utah Public Health Department rules for nonpublic water systems. A type VI swine operation shall not be within three hundred feet of any open water body, including streams, lakes and commonly shared irrigation canals, etc.

f.

Prevailing Wind Provision. Upon showing by a conditional use permit applicant, the planning commission, by convincing evidence that there is a historical prevailing wind, may offset the separation distance sphere by as much as fifty percent. However, the offsets shall not decrease the area within the separation distance. The shape and size of the separation area shall remain constant. This provision allows only for the shifting of the separation area sphere to the downwind direction by as much as fifty percent.

D.

Public Health, Safety, Welfare and Water/Air Quality.

1.

Type VI swine operation owners must take actions to minimize water/air pollution and public health and safety impacts from confinement and waste treatment facilities. To accomplish this goal and as part of the conditional use permit required by all type VI swine operations, the type VI swine operation owner shall be required to develop and implement technically sound, economically feasible, and site-specific comprehensive nutrient management plans (CNMPs) in accordance with the latest technical guidance of the natural resources conservation service. Additionally, type VI swine operations shall be required to obtain a Utah pollutant discharge elimination system (UPDES) general approval for concentrated animal feeding operations (Permit No. UTG080000), issued by the Utah State Department of Environmental Quality (DEQ). In the event that the Utah Department of Environmental Quality is unable or unwilling to accept a UPDES permit application, Iron County planning commission shall require as a condition of the conditional use permit, standards equal to that required by UPDES Permit No. UTG080000 and reviewed by an engineer selected and agreed upon mutually by the applicant and the Iron County planning commission, and paid for by the applicant. All type VI swine operations shall prepare a "best management plan for odor control," required by this chapter, as part of the CUP application process. All type VI swine operations must use the best wastewater treatment technology, available at the time of permitting, to protect the public health, safety, welfare and water/air quality.

Best wastewater treatment technology puts primary emphasis on the prevention of groundwater contamination, control of air contaminants and odors. The county recognizes that the swine industry, government and society are taking steps to develop and implement new technology that will protect the environment and the economy by replacing current lagoon systems with superior waste disposal technologies. Once new technologies are identified, large swine operations around the country have committed to convert their facilities and phase out their current anaerobic lagoon systems. Therefore, the county has determined that open-air anaerobic lagoons are not considered adequate wastewater treatment technology for large swine operations. The intent of this provision is to require superior waste disposal technologies to that described as "best available technology" as accepted by the Utah Department of Environmental Quality in November, 1999.

2.

Type V swine operation owners must take actions to minimize water/air pollution and public health and safety impacts from confinement and waste treatment facilities. To accomplish this goal and as part of the conditional use permit required by all type III swine operations, the type III swine operation may be required to develop and implement a technically sound, economically feasible, and site-specific comprehensive nutrient management plan (CNMP) in accordance with the latest technical guidance of the natural resources conservation service. Type III swine operations may be required to prepare a "best management plan for odor control," described in this chapter, as part of the CUP application process. Additionally, all type V swine operations shall obtain a Utah pollutant discharge elimination system (UPDES) general approval for CAFOs (Permit No. UTG080000) when required or requested by the Utah Department of Environmental Quality.

(Ord. 171 § 3, 2001; Ord. No. 2019-8, § 6, 11-12-2019)

A.

Summary Chart for Animal Operations Other Than Swine.

Notes:

* 2,000 animal units except for 1,500 dairy and 15,000 sheep

** Separation Schedule:

Schedule 1

½ mile + 1/10 mile/300 AUs over 1,000 AUs, up to 2 miles, from public gathering places

¼ mile from residence, types IV, V and VI animal operation, or types III and IV swine operation

200 ft. from fed/state road, ungrouted private well, water body

100 ft. from county road, grouted private well

Schedule 2

½ mile + 1/10 mile/300 AUs over 2000 AUs, up to 3 miles, from public gathering places

½ mile from residence, types IV, V and VI animal operations, or types III and IV swine operation

300 ft. from fed/state road, water body

200 ft. from county road, ungrouted private well

100 ft. from grouted private well

*** Regulation Level:

A Section 17.36.250, <20 acres

B 20 acre min.

C 20 acre min., CUP (CNMP, UPDES, if required)

D 20 acre min., CUP, separations, (CNMP, UPDES, if required)

E 80 acre min., CUP, separations, odors, zone change, CNMP, UPDES

CUP—Conditional use permit approved by the Iron County planning commission.

UPDES—Utah pollutant discharge elimination system general approval for CAFOs Permit No. UTG080000, issued by the Utah State Department of Environmental Quality (DEQ).

CNMP—Comprehensive nutrient management plan, prepared in accordance with the Natural Resources Conservation Service, Field Office Technical Guide.

B.

Animal units for the purposes of this chapter shall be as follows:

Animals per one animal unit:

C.

Separation Distances. The following minimum separation distances shall apply to all types IV, V and VI animal operations. Separation distances shall be measured from the closest edge of the animal operation building or containment area, or the waste treatment facility, to the boundary of the neighboring property from which the separation must be established.

1.

Type VI Animal Operation Separation Distances.

a.

Public Gathering Places. The minimum separation distance for animals other than swine shall provide that the type VI animal operation be at least one-half mile from any hospital, outdoor recreation facility, national park, state park, historic property, child care center, school, urban planning area, incorporated municipality, nonagriculture-based business, or church.

b.

Incremental Increases. The separation distance shall increase one-tenth of a mile for every additional three hundred animals unit increase above two thousand animal units, not to exceed three miles.

c.

Types IV, V and VI Animal Operations, Types III and IV Swine Operations and Residences. A type VI animal operation shall maintain a minimum separation of one-half mile from a type IV or V animal operation, a type III, or type IV swine operation, another type VI animal operation, or to the boundary of the neighboring occupied property with an inhabitable structure, with no incremental increases for additional animal units.

d.

Separation Distance Exemption. The minimum separation distances from the following public gathering places shall not be required of a new type VI animal operation where the owners of a hospital, child care center, private school, or church have granted an odor easement to the owners of the new type VI animal operation. Such odor easement shall comply with the terms set forth in Section 17.30.060 of this chapter.

e.

Other Separations. There shall be three hundred feet from the type VI animal operation facility to any, state, or federal road right-of-way, and two hundred feet from any county right-of-way. A type VI animal operation cannot be located within Zone 1 or Zone 2 of any public water system; or within two hundred feet of an ungrouted private well, or one hundred feet from a grouted private well, as provided in Southwest Utah Public Health Department rules for nonpublic water systems. A type VI animal operation shall not be within three hundred feet of any open water body, including streams, lakes and commonly shared irrigation canals, etc.

f.

Wind Adjustment Provision. Upon showing by a conditional use permit applicant, the planning commission, by convincing evidence that there is a historical prevailing wind, may offset the separation distance sphere by as much as fifty percent. However, the offsets shall not decrease the area within the separation distance. The shape and size of the separation area shall remain constant. This provision allows only for the shifting of the separation area sphere to the downwind direction by as much as fifty percent.

2.

Types IV and V Animal Operation Separation Distances.

a.

Public Gathering Places. There shall be a minimum separation distance of one-half mile for types IV and V animal operations from hospital, outdoor recreation facility, national park, state park, historic property, child care center, school, urban planning area, incorporated municipality, or church.

b.

Incremental Increases. The separation distance shall increase by one-tenth of a mile for every three hundred animal unit increase above one thousand animal units, not to exceed two miles.

c.

AFOs, CAFOs and Residences. A type IV or type V animal operation shall maintain a minimum separation of one-quarter mile from a type VI animal operation, a type III or type IV swine operation, another type IV or type V animal operation, or to the boundary of the neighboring occupied property with an inhabitable structure, with no increases for incremental animal units.

d.

Separation Distance Exemption. The minimum separation distances from the following public gathering places shall not be required of a new type IV or type V animal operation where the owners of a hospital, child care center, private school, or church have granted an odor easement to the owners of the new type IV or type V animal operation. Such odor easement shall comply with the terms set forth in Section 17.30.060 of this chapter.

e.

Other Separations. Types IV and V animal operations shall have a two hundred-foot distance between any state or federal road right-of-way and one hundred feet from any county right-of-way. A type IV or type V animal operation cannot be located within Zone 1 or Zone 2 of any public water system; or within two hundred feet of an ungrouted private well, or one hundred feet from a grouted private well, as provided in Southwest Utah Public Health Department rules for nonpublic water systems. A type IV or type V animal operation shall not be within two hundred feet of any open water body, including streams, lakes and commonly shared irrigation canals, etc.

f.

Prevailing Wind Provision. Upon showing by a conditional use permit applicant, the planning commission, by convincing evidence that there is a historical prevailing wind, may offset the separation distance sphere by as much as fifty percent. However, the offsets shall not decrease the area within the separation distance. The shape and size of the separation area shall remain constant. This provision allows only for the shifting of the separation area sphere to the downwind direction by as much as fifty percent.

3.

Types I, II and III Animal Operation Separation Distances. There are no required minimum separation distances for farming operations and feedlots.

D.

Public Health and Welfare and Water/Air Quality. Types III, IV, V and VI animal operation owners must take actions to minimize water/air pollution and public health impacts from confinement and waste treatment facilities. To accomplish this goal and as part of the conditional use permit required by all new or modified types III, IV, V and VI animal operations, the animal operation owner may be required (Type VI animal operations shall be required) to develop and implement a technically sound, economically feasible, and site-specific comprehensive nutrient management plan (CNMP) in accordance with the latest technical guidance of the natural resources conservation service. Additionally, new or modified types IV and VI animal operations (Type V animal operation, if appropriate) shall be required to obtain a Utah pollutant discharge elimination system (UPDES) general approval for CAFOs (Permit No. UTG080000) issued by the Utah State Department of Environmental Quality (DEQ). All new or modified types IV, V and VI animal operation owners shall prepare a "Best Management Plan for Odor Control," required by this chapter, as part of the CUP application process. All types IV, V and VI animal operations must use the best available technology to protect the public health, safety, welfare and water/air quality.

Additionally, all animal operations shall obtain a groundwater discharge permit (UPDES) when required or requested by the Utah State Division of Environmental Quality.

(Ord. 171 § 4, 2001; Ord. No. 2019-8, § 7, 11-12-2019)

The following standards shall apply for all odor easements within Iron County.

A.

The odor easement must be recorded with the Iron County recorder's office.

B.

The easement shall provide that it runs with the land.

C.

The easement shall state that the current and subsequent owners are put on notice of the actual proximity of any Type III or Type IV swine operation, or a Type IV, Type V, or Type VI animal operation and are within the prescribed separation distance area of the Type III or Type IV swine operation, or a Type IV, Type V, or Type VI animal operation.

D.

The easement shall preclude all owners of the property from suing to remove or close the Type III or Type IV swine operation, or a Type IV, Type V, or Type VI animal operation without proving in the suit that the odor presents a detriment to the health and welfare of the surrounding land owners within the prescribed separation distance area, and is not merely a nuisance to the occupants of an appropriate public gathering place located within a separation distance area.

E.

The easement shall be signed and dated by the owner, board of trustees, or governing body of the subject property and shall be in form that can be recorded in the office of the Iron County recorder.

(Ord. 171 § 5, 2001)

A.

In each application for a zone change to the I-A zone, the applicant shall state the intended use for the property. Should such intended use require a conditional use permit, the conditional use permit shall state a reasonable deadline for the completion of the project.

B.

Should the applicant or his successor fail to comply with the conditional use permit deadline or any other provision of the permit, as determined by the planning commission in accordance with the Iron County zoning ordinance, or fail to use the property for the intended purpose stated at the time of the zone change request, the planning commission may then consider rezoning the property to the land's prior zoning district.

C.

The application shall then be considered in accordance with the legislative process for a zone change set forth in the Iron County zoning ordinance.

(Ord. 171 § 6, 2001)

A.

All lots and properties located within the A-20, RA-20, and I-A zoning districts proposed for the issuance of a building permit to construct buildings for human occupancy and non-agriculture businesses shall sign an acknowledgment agreement prior to the approval of the building permit application. The agreement shall:

1.

Run with the property;

2.

Be filled out in its entirety;

3.

Be signed with a notarized signature, by the property owner(s) of record applying for the building permit; and

4.

Be recorded in the office of the Iron County recorder with a copy of such recorded document being provided as part of the building permit application.

The property owner requesting the building permit shall sign and record the acknowledgment agreement, acknowledging ranching and farming activities, which include swine and animal operations, do occur in the RA-20, A-20 and I-A zones which may or may not currently surround their property. A copy of the recorded agreement shall be provided as part of the building permit application.

B.

The acknowledgment agreement shall include that farming, ranching, swine and animal operations and activities exist and may continue to operate, and that agricultural use in the RA-20, A-20 and I-A zones is a principle land use of the RA-20, A-20 and I-A zoning districts. The owner(s) of the property signing the agreement shall acknowledge that the following activities and practices occur, but are not limited to:

1.

Pesticide spraying (including crop dusting) by land and plane;

2.

Field and ditch burning;

3.

Machinery operations, including well pumps, and engines, at all hours for extended periods of time;

4.

Feeding of livestock, including storage of all types of feed;

5.

Dairy operations;

6.

Grazing and moving of livestock;

7.

Calving, lambing, foaling, hatching and farrowing;

8.

Fertilizing;

9.

Composting;

10.

Dust caused by agriculture operations and adjacent road;

11.

Nighttime activities and operations;

12.

Associated noises;

13.

All other normal agriculture operations and activities;

14.

Flood irrigation and high water runoff occurs which may result in the flooding of adjacent and nearby properties, including roads, streets, rights-of-way and easements;

15.

That strong odors are part of normal agriculture, ranching, farming, swine and animal operations; and

16.

Greenhouses.

(Ord. 187 § 1, 2003: Ord. 171 § 7, 2001)

(Ord. No. 2017-4, § 1, 8-14-2017)

A.

Definitions. For the purpose of this section, the following definitions apply:

"Construction" means any physical change (including fabrication, erection, installation, replacement, demolition, excavation, or other modification) at any contiguous area under common control.

"Control technology" means technologically feasible control devices that result in the greatest reduction of objectionable odors with primary consideration given to the health, welfare of the public, the environment; and secondarily, to economic impacts and other costs.

"Existing LAFO" means a large animal feeding operation that is in operation or commences construction on or before the enactment of this chapter.

"Historic properties" mean historic properties acquired, preserved, protected, or otherwise designated by a county, city, or town as a historical area or site pursuant to Utah Code 17A-3-1301.

"LAFO—Large animal feeding operation," for purposes of controlling odors, means animal operation that meets the definition of a Type IV or Type VI animal operation or a Type IV swine operation, as defined in this chapter.

"Land application" means the application of wastewater and/or manure onto or incorporated into the soil.

"Modified LAFO" means a large animal feeding operation that commences construction after the enactment of this chapter, to increase the steady state live weight that can be housed at that animal operation. Modified animal operation does not include renovating existing barns, relocating barns, or replacing existing lagoons or barns, if the new barn or lagoon is not closer to the nearest property line. See Chapter 17.68 of the Iron County zoning ordinance for nonconforming uses.

"New LAFO" means a large animal feeding operation that commences construction after the enactment of this chapter.

"Objectionable odor" means any odor present in the ambient air that by itself, or in combination with other odors, is harmful or injurious to human health, safety, or welfare, or may unreasonably interfere with the comfortable use and enjoyment of life or property.

"Occupied residence" means one or more rooms in a structure designed for and occupied, at least one hundred twenty days a year, by at least one individual for living or sleeping purposes and having its own sanitary facilities.

"Odor committee" means a six-member committee organized for the purpose of assisting in: 1) determining the existence of an objectionable odor, 2) evaluating best management plans for odor, 3) determining effectiveness of control technology, and 4) making recommendations to the Iron County planning commission on odors regarding LAFOs when applications are reviewed for zone changes and in the conditional use permit process.

"State parks" mean state parks as designated by the Utah state legislature or by executive order of the governor of the state of Utah.

"Technologically feasible" means that an odor control device or a proposed solution to an odor problem has previously been demonstrated to accomplish its intended objective, and is generally accepted within the technical community. It is possible for technologically feasible solutions to have demonstrated their suitability on similar, but not identical, sources for which they are proposed to control.

"Waters of the state" means all streams, lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state of Utah or any portion thereof, except for bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "Waters of the State" under this definition, UAC R317-1-1.32.

B.

Control of Odors From LAFOs Using Liquid Animal Waste Management Systems.

1.

Purpose. The purpose of this odor regulation is to control objectionable odors from LAFOs beyond their boundaries.

2.

Applicability. This odor regulation shall apply to all new and existing LAFOs.

3.

Required Management Practices. All LAFOs shall be required to implement applicable management practices for the control of odors as follows:

a.

The carcasses of dead animals shall be disposed of within twenty-four hours after becoming aware of the death of the animal according to the methods approved by applicable conditional use permits, or otherwise, by Utah Code Section 4-26-1;

b.

Waste from animal wastewater application spray systems shall be applied in such a manner and under such conditions to prevent drift from the irrigation field of the wastewater spray beyond the boundary of the LAFO, except waste from application spray systems may be applied in an emergency to maintain safe lagoon freeboard, if the owner or operator notifies the Utah Department of Environmental Quality, division of water quality and resolves the emergency with the division of water quality, and as provided in an applicable conditional use permit. Should the division of water quality be unable or unwilling to resolve such emergency, the owner or operator shall immediately notify the Iron County zoning administrator and the emergency shall be reviewed under provisions of the conditional use permit at the next regular planning commission meeting;

c.

Animal wastewater application spray system intakes shall be located near the liquid surface of the animal wastewater lagoon;

d.

Ventilation fans shall be maintained according to the manufacturer's specifications; and

e.

Animal feed storage containers located outside of animal containment buildings shall be covered, except when necessary to remove or add feed; this subsection does not apply to the storage of silage or hay or to commodity boxes with roofs.

4.

Complaints. The Iron County zoning administrator shall respond to complaints about objectionable odors from LAFOs as follows:

a.

Complaints from three or more persons shall be required to warrant an investigation from the zoning administrator.

b.

Complaints shall be investigated to the extent practicable.

c.

Complaints may be used to assist in determination of a best management plan failure or a control technology failure.

d.

The zoning administrator shall respond to complaints within thirty days.

e.

Complaint response shall at least include a written response of the zoning administrator's evaluation of the complaint.

f.

The investigation of a complaint shall be completed as expeditiously as possible considering the meteorology, wind conditions, activities at the LAFO and other conditions occurring at the time of the complaint.

g.

The owner/operator of the LAFO may choose to have either the zoning administrator or an odor committee review the complaints and administer this section, including determining the existence of an objectionable odor.

h.

The zoning administrator may organize an odor committee as provided in this section, in the determination of the existence of an objectionable odor.

i.

The complainant and the owner/operator of the LAFO shall be notified in writing of the zoning administrator's or the odor committee's determination of the existence of the objectionable odor.

5.

Odor Committee. An odor committee may be organized and assist in the administration of this section as explained in the "odor committee" definition, and this section. The odor committee shall exist and operate as follows:

a.

A six-member committee may be organized and function with the following members:

i.

The Iron County zoning administrator;

ii.

Two nonagriculture affiliated members from the Iron County planning commission (appointed by the chairman with consent of the commission);

iii.

Two members from the Iron County farm bureau board (appointed by the farm bureau president with consent of the board);

iv.

One member from the enterprise and Iron County soil conservation district board (appointed by the chairman with consent of the district board);

b.

The zoning administrator shall serve as the odor committee chairman.

c.

At least four members of the committee must vote together for an action to represent the intent/will of the committee.

d.

The odor committee shall prepare by-laws for the organization and operation of the committee in addition to the rules set forth in this chapter. Such by-laws must be approved by the committee and the Iron County commission to become effective.

6.

Location of Objectionable Odor Determinations. For a new or existing LAFO, objectionable odors shall be determined at the boundary of the LAFO. This section, however, provides that sampling and evaluation of odor-causing facilities may be accessed on the property of the suspect LAFO.

7.

Reporting Requirements for LAFOs. If the zoning administrator receives an odor complaint about LAFO, the zoning administrator may require the owner or operator of the LAFO to submit the following information:

a.

The name and location of the LAFO;

b.

The name, title, address and telephone number of the person filing the report;

c.

The type and number of animals at the LAFO;

d.

Potential sources of odors, such as animal housing structures, lagoons, collection and handling devices, and storage containers, with physical description of these sources;

e.

Waste water land application procedures;

f.

Measures taken to reduce odors;

g.

This information shall be submitted to the zoning administrator within fifteen days after receipt of the request.

8.

Determination of the Existence of an Objectionable Odor. In deciding if a LAFO is causing or contributing to an objectionable odor, the zoning administrator and the odor committee may consider one or more of the following:

a.

The nature, intensity, frequency, pervasiveness and duration of the odors from the LAFO;

b.

Complaints received about objectionable odors from the LAFO;

c.

Emissions from the LAFO of known odor-causing compounds, such as ammonia, total volatile organics, or hydrogen sulfide or other sulfur compounds, at levels that could cause or contribute to an objectionable odor;

d.

Any epidemiological studies associating health problems with odors from the animal operation or documented health problems associated with odors from the LAFO provided by the health department, DEQ, or other entity or person; or

e.

Any other evidence, including records maintained by neighbors, that show that the LAFO is causing or contributing to an objectionable odor.

9.

Requirement for a Best Management Plan for Controlling Odors From Existing LAFOs. If the zoning administrator or odor committee finds that an existing LAFO is causing or contributing to an objectionable odor, the owner or operator of the LAFO shall:

a.

Submit to the zoning administrator as soon as practical, but not to exceed ninety days after receipt of written notification from the zoning administrator or odor committee that the LAFO is causing or contributing to an objectionable odor, a best management plan for odor control as described in subsection C of this section; and

B.

Be in compliance with the terms of the plan within thirty days after the zoning administrator or odor committee approves the best management plan (compliance with an approved compliance schedule in the best management plan is deemed to be in compliance with the plan).

10.

Requirement for Amendment to Best Management Plan. Not later than sixty days from completion of a compliance schedule in an approved best management plan or if the best management plan contains no compliance schedule, not later than sixty days from the implementation date of the best management plan, the zoning administrator or odor committee shall determine whether the plan has been properly implemented. If the zoning administrator or odor committee determines that a plan submitted under subsection (B)(9) of this section will not control objectionable odors from the LAFO, the zoning administrator shall require the owner or operator of the LAFO to amend the plan to incorporate additional or alternative measures to control objectionable odors from the LAFO. The owner or operator shall:

a.

Submit a revised best management plan to the zoning administrator as soon as practical but not later than sixty days after receipt of written notification from the zoning administrator or odor committee that the plan is inadequate; and

b.

Be in compliance with the revised plan within thirty days after the zoning administrator or odor committee approves the revisions to the best management plan (compliance with an approved compliance schedule in the best management plan is deemed to be in compliance with the plan).

11.

Plan Failure. Any of the following conditions shall constitute failure of a best management plan:

a.

Failing to submit the initial best management plan required under subsection (B)(9) of this section within ninety days of receipt of written notification from the zoning administrator or odor committee that the LAFO is causing or contributing to an objectionable odor;

b.

Failing to submit a revised best management plan required under subsection (B)(10) of this section within sixty days of receipt of written notification from the zoning administrator or odor committee that the LAFO is causing or contributing to an objectionable odor;

c.

Failing to correct all deficiencies in a submitted management plan under subsection (C)(3) of this section within thirty days of receipt of written notification from the zoning administrator or odor committee to correct these deficiencies;

d.

Failing to implement the best management plan after it has been approved; or

e.

Finding by the zoning administrator or odor committee, using the criteria under subsection (B)(8) of this section, that, after the best management plan has been implemented and revised not more than one time (voluntary revisions and revisions made pursuant to subsection (C)(3) of this section shall not be counted as revisions under this subsection), the best management plan does not adequately control objectionable odors from the LAFO and will not adequately control objectionable odors even with further amendments.

12.

Requirements for Control Technology. If a plan failure occurs, the zoning administrator or odor committee shall require the owner or operator of the LAFO to install control technology to control odor from the LAFO. The owner or operator shall submit within ninety days from receipt of written notification from the zoning administrator or odor committee of a plan failure, a permit application for control technology and an installation schedule. If the owner or operator demonstrates to the zoning administrator or odor committee that permit application cannot be submitted within ninety days, the zoning administrator or odor committee may extend the time for submittal up to an additional ninety days. Control technology shall be determined according to subsection (B)(12)(a) of this section. The installation schedule shall contain the increments of progress described in subsection (B)(12)(b) of this section. The owner or operator may at any time request adjustments in the installation schedule and shall in his request explain why the schedule cannot be met. If the zoning administrator finds that the reason for not meeting the schedule is valid, the zoning administrator or odor committee shall revise the installation schedule as requested; however, the zoning administrator or odor committee shall not extend the final compliance date beyond twenty-four months from the date that the permit was first issued for the control technology. The owner or operator shall certify to the zoning administrator or odor committee within five days after the deadline for each increment of progress described in subsection (B)(12)(b) of this section whether the required increment of progress has been met.

a.

Control Technology. The owner or operator of a LAFO shall identify control technologies that are technologically feasible for his LAFO and shall select the control technology or control technologies that results in the greatest reduction of odors primarily considering human health and welfare, and the environment, and secondarily, economic impacts and other costs. The owner or operator shall explain the reasons for selecting the control technology or control technologies. If the zoning administrator or odor committee finds that the selected control technology or control technologies will effectively control odors he/they shall approve the installation of the control technology or control technologies for this LAFO. The owner or operator of the LAFO shall comply with all terms and conditions in the permit.

b.

Installation Schedule. The installation schedule for control technology shall contain the following increments of progress:

i.

A date by which contracts for odor control technology shall be awarded or orders shall be issued for purchase of component parts;

ii.

A date by which on-site construction or installation of the odor control technology shall begin;

iii.

A date by which on-site construction or installation of the odor control technology shall be completed; and

iv.

A date by which final compliance shall be achieved. Control technology shall be in place and operating as soon as practical but not to exceed twelve months from the date that the permit is issued for control technology.

13.

New or Modified LAFO.

a.

Before beginning construction, the owner or operator of a new or modified LAFO shall submit and have an approved best management plan, including criteria for setbacks and separation distances as contained in this chapter.

b.

For new or modified LAFOs raising or producing swine, the outer perimeter of the land area onto which waste is applied that is a product of a LAFO shall be at least one-half mile from any boundary of property on which an occupied residence not owned by the owner of the LAFO is located, without an odor easement granted by the owner of the occupied residence.

c.

The zoning administrator or odor committee shall either approve or disapprove the best management plan submitted under this subsection within ninety days after receipt of the plan. If the zoning administrator or odor committee disapproves the plan, he/they shall identify the plan's deficiency.

C.

Best Management Plans for Odor Control.

1.

Contents of a Best Management Plan. The best management plan for a LAFO shall:

a.

Identify the name, location and owner of the LAFO;

b.

Identify the name, title, address and telephone number of the person filing the plan;

c.

Identify the sources of odor within the LAFO;

d.

Describe how odor will be controlled from:

i.

The animal houses,

ii.

The animal wastewater lagoon, if used,

iii.

The animal wastewater application lands, if used,

iv.

Waste conveyances and temporary accumulation points, and

v.

Other possible sources of odor within the LAFO;

e.

Contain a diagram showing all structures and lagoons at the LAFO, including forced air directions, and approximate distances to structures or groups of structures within one mile of the property line of the LAFO; a recent or updated aerial photograph may be submitted in place of a diagram provided the items required under this subsection of this section are shown;

f.

For existing LAFOs, contain a schedule not to exceed six months by which the plan will be implemented (a new LAFO is to have and be in compliance with its best management plan when it begins operation); for an amended best management plan, the implementation schedule shall not exceed six months;

g.

Describe how the plan will be implemented, including training of personnel;

h.

Describe inspection and maintenance procedures; and

i.

Describe methods of monitoring and record keeping to verify compliance with the plan.

2.

Zoning Administrator or Odor Committee Review. The zoning administrator or odor committee shall review all best management plan submittals within thirty days of receipt of the submittal to determine if the submittal is complete or incomplete for processing purposes. To be complete, the submittal shall contain all the elements listed in subsection (C)(1) of this section. The zoning administrator or odor committee shall notify the person submitting the plan by letter stating that:

a.

The submittal is complete;

b.

The submittal is incomplete and identifying the missing elements and a date by which the missing elements need to be submitted to the division; or

c.

The best management plan is incomplete and requesting that the person rewrite and resubmit the plan.

3.

Approval of the Best Management Plan. The zoning administrator, the odor committee, or the planning commission in the conditional use permit process, shall approve the plan on a finding that:

a.

The plan contains all the required elements in subsection (C)(1) of this section;

b.

The proposed schedule contained in the plan will reduce objectionable odors in a timely manner;

c.

The methods used to control objectionable odors are likely to prevent objectionable odors beyond the property lines of the animal operation (the zoning administrator, the odor committee, or the planning commission shall not consider impacts of objectionable odors on neighboring property, if the owner of the neighboring property has an odor easement attached to his property, unless it is a matter of health and safety); and

d.

The described compliance verification methods are sufficient to verify compliance with the plan.

4.

Plan Review. Within ninety days after receipt of a plan, the zoning administrator, the odor committee, or the planning commission, as applicable, shall determine whether the proposed plan meets the requirements of subsection C of this section. If it is determined that the proposed plan does not meet the requirements of subsection C of this section, the owner or operator of the LAFO shall be notified in writing of the deficiencies in the proposed plan. The owner or operator shall have thirty days after receiving written notification to correct the deficiencies. If the zoning administrator, the odor committee, or planning commission finds that the proposed plan is acceptable, the owner or operator, and the complainant shall be notified, in writing, that the proposed plan has been approved.

D.

Additional Remedies.

1.

In the event that it is found by the zoning administrator, the odor committee, or the planning commission that the control technologies have failed (control technology failure is to be considered using the same provisions applicable to best management plans, i.e., subsections (B)(8) and (11) of this section) the zoning administrator, the odor committee, or planning commission shall refer the case to the Iron County attorney's office.

2.

No provision of this chapter shall limit or otherwise abrogate a private or public right to initiate or seek relief under any civil or criminal remedies available by law. This odor provision (Section 17.30.080 of this chapter) is wholly voluntary and any party may opt out at any time without any additional penalty or ramification.

3.

Any and all appeals under this odor regulation must comply with Title 17 of the Iron County zoning ordinance.

(Ord. 171 § 8, 2001)

All paths, trails, or roads, including asphalt, gravel or dirt roads used as public highways that are noted and published on the official County Livestock Trails Map are designated as livestock trails for the movement of livestock. Additionally, any paths, trails or roads historically used for livestock that are maintained as public by use or by public easement or right-of-way throughout the county are hereby designated as livestock trails for the movement of livestock, regardless of whether they are published on the official County Livestock Trails Map. Owners of livestock and their accompanying livestock are authorized to cross federal, state, municipal or other roads to access designated livestock trails. Those utilizing livestock trails shall take reasonable efforts to contact local law enforcement and post signage of moving livestock to ensure the safety of owners of livestock, their livestock, and other county residents.

The official County Livestock Trails Map will be kept on the Iron County official website and is attached as exhibit A to the ordinance from which this section is derived.

(Ord. No. 2024-5, 7-8-2024)

The county hereby intends to comply with the provisions of Utah Code (§ 17-27a-1101) by regulating large concentrated animal feeding operations (CAFOs) and incorporating a map identifying areas where CAFOs may be located in the unincorporated lands of the county in compliance with Chapter 17.30, Iron County Code. Furthermore, certain CAFOs and other "animal operations" may continue to be located in other areas of the unincorporated lands of the county, in addition to lands identified in the "CAFO Area of Intent" map, as prescribed by Chapter 17.30, Iron County Code.

The county planning commission shall recommend approval, and county commission shall approve, an animal operation or CAFO application if said application satisfies all the requirements of this chapter.

(Ord. No. 2022-2, § 1, 1-10-2022)

The definitions intended for regulating CAFOs in Utah state code are hereby incorporated in this chapter by reference to § 17-27a-1102.

(Ord. No. 2022-2, § 1, 1-10-2022)

A map titled "CAFO Areas of Intent" is included as exhibit A to the ordinance from which this chapter derives, and shall be made available on the official county website "IronCounty.net." This map identifies geographic areas that CAFOs could be located in accordance with the provisions of this chapter and Iron County Code, Chapter 17.30, and recognizes that there are additional areas of the county where various sized animal operations may also be located.

(Ord. No. 2022-2, § 1, 1-10-2022)

In portions of Chapter 17.30, Iron County Code, and in addition to considerations for topography, landownership, prevailing winds, economic benefits and costs to the county, reasonable access to transportation, water and power infrastructure; setbacks/separation distances are established for various types of animal operations to be separated from public gathering places, municipal boundaries, municipal growth areas/annexation declaration areas, county growth tier boundaries, other animal operations, residences, certain roads, water wells, water bodies, commercial enterprises, educational institutions, health care facilities, public areas, and religious institutions as defined in Utah Code and Iron County Code referenced herein. Said separations distances are generally prescribed in miles or portions of a mile. Utah Code prescribes they be described in feet. Therefore, wherever a distance is prescribed in miles or portions of miles, it shall be multiplied or divided by five thousand two hundred eighty feet per mile, or the appropriate portion of a mile, in order to establish separation/setback in feet.

(Ord. No. 2022-2, § 1, 1-10-2022)

If a proposed animal operation or CAFO consists of multiple individuals and/or entities, located within close proximity (on adjacent individual parcels), all individuals and/or entities shall be included in one comprehensive animal operation application and appropriate numbers combined for establishing animal operation classification, shall include the entire operation.

(Ord. No. 2022-2, § 1, 1-10-2022)

Any animal operation or CAFO permitted or authorized by Iron County prior to adoption of this chapter, which has been maintained and operated continuously since its establishment, may continue to operate under the regulations of a pre-existing non-conforming use (Chapter 17.68 Iron County Code).

(Ord. No. 2022-2, § 1, 1-10-2022)