The purpose of this chapter is to provide regulations and standards for the creation of confined animal feeding operations (CAFOs) in Payette County. The regulations contained herein are designed to protect and promote the public health, safety and community welfare of the county and to encourage and promote managed development of new and existing confined animal feeding operations. (Ord. 2006-11, 7-3-2006)

ADMINISTRATOR: The official appointed by the board of county commissioners to administer the Payette County zoning ordinance.

AFFECTED PERSON: As used herein, an affected person shall mean one having an interest in real property within a one mile radius of the CAFO, which may be adversely affected by the issuance or denial of a permit.

APPLICANT: Any person or other legal entity seeking any approval or permits pursuant to this chapter.

BOARD: The board of county commissioners.

BUILDING INSPECTOR: The official appointed by the board of county commissioners to administer Payette County building codes.

CAFO SITING PERMIT: Permit required before a CAFO can be created, continued, developed, operated or transferred.

CONFINED ANIMAL FEEDING OPERATION (CAFO): A contiguous area, lot, facility or parcel of land or the use of a contiguous area, lot, facility or parcel of land, upon which there are confined or stabled, livestock, swine, poultry or other animals defined as follows:

   A.   Any combination of animals, which total two hundred (200) or more and which are confined at a density of more than five (5) animals per acre, for more than two hundred forty (240) days during a three hundred sixty five (365) day period;

   B.   Any combination of animals, which total seven hundred (700) or more and which are confined at a density of more than five (5) animals per acre, for more than ninety (90) days during a three hundred sixty five (365) day period;

   C.   Any combination of animals, which total one thousand (1,000) or more and which are confined at a density of more than five (5) animals per acre.

Areas or parcels of land are deemed contiguous even when separated by county roads if used for operations or are deemed contiguous if they are not adjacent, but are owned by the animal feeding operation and a pipeline exists or another means of conveying liquid wastewater to separated contiguous or noncontiguous lands. All acreage within the contiguous animal feeding operation is subject to the setback limitations as defined in this chapter.

EXPANSION PERMIT: A permit obtained by a registered CAFO to expand the number of animals located at the CAFO site.

HEARING EXAMINER: A person authorized by the board of county commissioners to conduct public hearings.

LAGOON: A body of liquid waste.

LAND APPLICATION AREA: Parcels of land owned or controlled by the animal feeding operation used for land application of waste (liquid or solid) as authorized under an Idaho state department of agriculture approved nutrient management plan.

LIQUID WASTE: A liquid substance containing any of the following separately or in any combination: wastewater, waste or other waste products.

PERMITTEE (OR REGISTRANT): One who holds a siting permit or who succeeds to a permitted CAFO.

RESIDENCE: Includes dwelling, church, school, or other building used for human occupancy and includes subdivisions and planned unit developments.

STORM RUNOFF CONTAINMENT: The storage facility that intercepts and holds precipitation runoff from a corral or other confined animal enclosures. Sizing shall be based on the correct sizing the Idaho state department of agriculture has approved for this facility.

WASTE: A byproduct normally associated with a confined animal feeding operation, which may include manure, sludge, sediment, mud, silt, dung, urine or feces, waste products, wastewater and feed residues.

WASTE TREATMENT SYSTEM: The process, area, or mechanism employed for the retention, storage and treatment of liquid or solid wastes.

WASTEWATER: Water that has been used for washing, flushing, or in a manufacturing process, which may also contain waste products.

ZONING OFFICIAL: The zoning administrator or his authorized representative. (Ord. 2006-11, 7-3-2006)

   A.   General:

      1.   This chapter does not relieve any nonregistered confined animal feeding operation from any obligation or penalty for noncompliance with this chapter.

      2.   An animal feeding operation, which has previously received a conditional use permit from the county, need not reapply under this chapter. The animal feeding operation, which has previously received a conditional use permit, will have the right to register the CAFO under a siting permit. The CAFO will have until October 1, 2006, to register with the administrator and pay a three hundred dollar ($300.00) application fee, if the proposed CAFO is for less than one thousand (1,000) animals and a six hundred dollar ($600.00) application fee if the proposed CAFO is for one thousand (1,000) animals or more. If the CAFO is under the jurisdiction of the Idaho state department of agriculture, it shall have a letter of compliance certifying the conformity to the state and federal regulations applicable to this type of CAFO (including compliance with their nutrient management plan) from the Idaho state department of agriculture. CAFOs not registering during the allotted time will be listed as a nonconforming CAFO but will have the right to operate under the previous conditions of the conditional use permit issued to it.

      3.   Any CAFO existing as of the effective date of this chapter, which has not previously received a conditional use permit from the county, shall have until October 1, 2006, to register with the administrator and pay a three hundred dollar ($300.00) application fee, if the proposed CAFO is for less than one thousand (1,000) animals and a six hundred dollar ($600.00) application fee if the proposed CAFO is for one thousand (1,000) animals or more. The owner must provide proof that the operation has been active for at least two (2) of the last five (5) years and is in compliance with the requirement of any appropriate state or federal agencies. Also the CAFO will need to provide the number of animals located at the site, if there has been no record to the county of the number of animals located at the site previously on file. Any existing animal feeding operation as of the effective date of this chapter which has not registered after the time set forth herein has expired and which has not previously received a conditional use permit will not be recognized as a CAFO and will have no right which could be to transfer the operation to subsequent owners.

All existing CAFOs in Payette County as of the effective date hereof may be granted a CAFO siting permit under the conditions set forth above if requested as long as they are in compliance with state and federal regulations for that type of CAFO.

   B.   Expansion Of Existing CAFOs: A nonregistered CAFO shall not make improvements or increase in size or capacity prior to going through the CAFO application process. If a CAFO has not registered within the allotted time it shall not be altered or expanded without going through the application and approval procedure for a new CAFO.

Existing CAFOs that have chosen to register and have obtained a CAFO siting permit shall be allowed to expand to the number of animals which can be controlled under the nutrient management plan submitted to the county at the time the CAFO registered with the county or received a siting permit, on the condition that any existing CAFO remain compliant with state and federal regulations. If a CAFO is going to increase more than thirty percent (30%) in any five (5) year period, the CAFO must apply for an expansion permit.

Included in the application for an expansion permit:

      1.   The name, address, legal description of affected property and telephone number of the applicant.

      2.   Legal address and description of the existing CAFO.

      3.   Total acreage owned by the CAFO and zoning district.

      4.   Written notification from the governing agencies certifying compliance to state and federal regulations.

      5.   The existing number of animals at the CAFO and types of animals.

      6.   Proposed number of animals (able to be reached within 10 years).

      7.   Site plan showing the following information which occurs within a one mile radius (minimum size of 18 inches by 24 inches and minimum scale of 1 inch equals 100 feet):

         Any proposed improvements, including, but not limited to, wells, corrals, roads, etc.

         Approximate time frame to complete construction or stages construction will be completed.

         Building locations (existing and proposed).

         Existing monitoring or injection wells.

         Irrigation canals and laterals.

         Irrigation wells.

         Location of residences not owned by the CAFO.

         Outdoor lighting plan.

         Public water supply wells.

         Rivers, streams, springs, reservoirs and wetlands.

         Setbacks of proposed improvements.

         Traffic access.

      8.   The applicant shall submit with the application a fee in the amount set by resolution of the board of county commissioners.

      9.   The zoning administrator shall approve or disapprove of the application within thirty (30) days of receiving the complete application. Written notification from the county shall be mailed to the applicant at that time.

      10.   All decisions made by the zoning administrator may be appealed to the planning and zoning commission within twenty (20) working days of notice of the zoning administrator's decision.

Landscaping, architectural and/or screening improvements may be made conditions of the approval.

Any modifications made after the zoning administrator's decision will require the applicant to resubmit the application with the necessary changes made.

All existing registered CAFOs applying for an expansion permit shall adhere to the setbacks stated in this chapter for new CAFOs for any new improvements made. However, variances may be made by the administrator if the existing facility cannot realistically accommodate these setbacks. The administrator may seek the advice of any regulating state or federal agency as to their opinion on the matter and if compliance would still be possible with the proposed variance. Any application including a variance or variances will include an additional one hundred dollar ($100.00) fee. (Ord. 2009-03, 6-15-2009)

Animal feeding operations are permitted in an A agriculture or I-2 industrial zone only by a CAFO siting permit. CAFOs are not permitted in any other zone. (Ord. 2006-11, 7-3-2006; amd. Ord. 2009-03, 6-15-2009)

(Ord. 2006-11, 7-3-2006)

(Ord. 2006-11, 7-3-2006)

No new CAFOs shall be permitted in the following zones or areas:

   Any commercial zone (C-1, C-2).

   City impact areas (excepting existing CAFOs applying for expansion permits).

   Historic sites, as defined by state and/or federal regulation.

   100-year flood zone (as defined by the flood insurance rate map).

   Recreation zone (B).

   Residential zones (R).

   Wetlands, as defined by state and/or federal regulation. (Ord. 2009-03, 6-15-2009)

All outdoor lighting fixtures installed shall be placed in such a way that all light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire, shall be projected below the horizontal. All outdoor lighting systems shall be installed in such a way that the light will not be directed beyond the property boundaries. (Ord. 2006-11, 7-3-2006)

This means of application is for new CAFOs or CAFOs not in existence or registered prior to October 1, 2006.

   A.   New Construction: A CAFO siting permit and required building permits are required prior to commencing any construction of a new CAFO facility, its waste treatment system, or any improvement made to the site to aid in the construction of the new facility (excepting land leveling).

   B.   Information Required: An application for a permit shall contain the information required in subsection 8-19-3B of this chapter excluding subsections 8-19-3B4, B5, B9 and B10 of this chapter since they are only applicable to existing facilities.

   C.   Additional Requirements: Plus the following:

      1.   A preliminary nutrient management plan,

      2.   The site plan prepared by a civil engineer or licensed surveyor,

      3.   A valid water right or a copy of an application to appropriate water or an application to change the point of diversion, place, or nature of use of an existing water right that has been filed with the Idaho department of water resources, which, if approved, will provide an adequate supply for the operation,

      4.   A fee in the amount set by resolution of the Payette board of county commissioners.

Upon receiving the application requirements set forth the application will then be sent to the site advisory committee for their review and report.

   D.   Members Of The Site Advisory Committee:

      1.   A representative from the Idaho state department of agriculture.

      2.   A representative from the Idaho department of water resources.

      3.   A representative from the Idaho department of environmental quality.

      4.   Administrator or zoning official from Payette County.

Within approximately thirty (30) working days from receiving the application the site advisory committee will complete their report at which time the application may then proceed to the next applicable stage.

The site advisory committee will be requested to review any application for a CAFO which would house more than one thousand (1,000) animals.

   E.   Vacancy Of Use: The permittee or registrant of a CAFO siting permit shall notify the county within thirty (30) days of ceasing operations at the animal feeding operation. Failure to do so will render the animal feeding operation in violation and subject to the revocation of their CAFO siting permit. If the animal feeding operation is vacant for one year, the county may request that the owner declare its intentions with respect to the continued nonuse of the CAFO. If the permittee elects to continue nonuse the permittee shall be required to follow the process outlined in Idaho Code section 67-6538. An animal feeding operation will lose its permit if the operation is vacant for five (5) years. (Ord. 2006-11, 7-3-2006)

New CAFO applications which would operate five hundred (500) animals or less may obtain a CAFO siting permit by administrative approval.

   A.   Application Review: The zoning official shall review the application for completeness. Upon determining that the application is complete, the zoning official shall either approve, approve with conditions or deny the application. The zoning official will inform the applicant with the decision within fifteen (15) days in writing. The decision of the zoning official may be appealed to the planning and zoning commission within twenty (20) working days of the official's decision.

   B.   Exception: The zoning official may set a public hearing on any application submitted if in their best judgment it is in the public's interest. (Ord. 2006-11, 7-3-2006)

All new CAFOs as defined by this chapter and CAFOs wishing to expand more than thirty percent (30%) in any five (5) year period shall apply for and receive a siting or expansion permit prior to commencing construction or operation. CAFOs operating in excess of five hundred (500) animals shall require a public hearing.

   A.   Application Review: The zoning official shall review the application for completeness. After receiving notice that the application is complete, it shall be sent to the site advisory committee for its report.

   B.   Hearing: Upon completion of the site advisory committee's report the zoning official shall set the matter for public hearing before the planning and zoning commission.

   C.   Hearing Notice: Notice of time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the county at least fifteen (15) days prior to such hearing. The applicant shall provide the administrator with such fee as may be set by the board and shall provide the zoning administrator with the names and addresses or all landowners within one mile of the affected site. The zoning administrator shall then send a notice of the public hearing by first class mail to property owner(s) within one mile of the proposed location. Proof of service shall be made a part of the public record.

   D.   Notice: Notice of public hearings for new comprehensive plan changes or rezone applications or transfer of development rights within one mile of a CAFO location, shall be sent to the CAFO owner/operator by first class mail. Proof of service shall be made a part of the public record.

   E.   Public Hearing Procedure:

      1.   The hearing shall be conducted in accordance with the provisions of this title or other appropriate county ordinances. The hearing shall be recorded.

      2.   The applicant will be limited to forty (40) minutes' presentation time.

      3.   Members of the public will be given the opportunity to be heard. Those who wish to comment must state their name and address and be given five (5) minutes to testify.

      4.   The applicant will be limited to ten (10) minutes for rebuttal.

      5.   In the event any person refuses to comply with the described time limits set herein, the person conducting the hearing shall have the following options: a) have the violator ejected from the meeting, b) close oral testimony and have the remainder of the testimony presented in written form within the next ten (10) days, c) if all witnesses have testified, close the hearing.

      6.   At the completion of the hearing, the zoning commission shall produce findings of fact and conclusions of law, or a reasoned statement as described by Idaho Code section 67-6535 and a final order granting or denying the permit.

      7.   Such report shall be filed at the planning and zoning department. It will be available to the applicant and the public within sixty (60) working days after the close of the hearing. (Ord. 2006-11, 7-3-2006)

Prior to the planning and zoning commission's approval of a siting permit for a new CAFO or a CAFO expansion as set forth above, the applicant shall meet the following requirements:

   A.   General Requirements:

      1.   The applicant's plan must be in compliance with and not be in violation of any federal, state or local law or ordinance.

      2.   The applicant must not have begun construction of new improvements for a CAFO at the proposed location other than land leveling. If it is determined that the construction has commenced, penalties shall be imposed in accordance with the provisions of section 8-19-19 of this chapter.

      3.   Applicant's plan must meet the setback and lighting requirements of this chapter. Variances may be granted if denying a variance would impose undue hardship on the applicant.

      4.   Landscaping, screening and architectural improvements that are conditions of approval shall be accurately described.

   B.   CAFO Minimum Setbacks:

      1.   The closest edge of lagoons or waste treatment systems shall be located at least five hundred feet (500') away from any residence not belonging to the permittee of the CAFO.

      2.   Corrals and the closest inside edge of the retaining wall of any lagoon storm runoff containment or waste treatment shall be at least five hundred feet (500') inside the property lines.

      3.   The closest inside edge of the retaining wall of any storm runoff containment or corral shall be located at least one hundred feet (100') from a domestic well.

      4.   The closest inside edge of the retaining wall of any lagoon, storm runoff containment or corral shall be located at least one thousand feet (1,000') from a public water supply.

      5.   The closest edge of corrals and feed storage areas shall set back a minimum of fifty feet (50') from public road rights of way.

      6.   The closest edge of corrals and feed storage areas shall be located at least five hundred feet (500') away from any residence not belonging to the permittee of the animal feeding operation.

      7.   The closest edge of silage, haylage, potatoes or any other feed product resulting from the ensilage process which is stored in the open air shall be located at least three hundred feet (300') from any existing residence not belonging to the permittee of the CAFO.

      8.   All new residences shall adhere to the setbacks set forth as required by this chapter.

      9.   All new CAFOs shall be located at least one mile from:

         a.   Recreation zones.

         b.   Existing platted subdivisions with improvements constructed as of the effective date hereof.

      10.   No new CAFO shall be located within one thousand three hundred twenty feet (1,320'), measured from the closest edge of any structure, lagoon, storm runoff containment, corral, feed storage, waste treatment system, parking area, to the high water line of the Payette River, the Snake River, Little Willow or Big Willow Creeks.

      11.   An additional setback for new CAFOs over two thousand five hundred (2,500) animals for any lagoon or waste treatment system shall be located at least one thousand three hundred twenty feet (1,320') from any residence not owned by the permittee.

This setback may be reduced if the CAFO's waste system utilizes technology such as, but not limited to, anaerobic digesters, methane digesters, covered lagoons or comparable odor controlling technology. (Ord. 2006-11, 7-3-2006)

   A.   Appeals of a decision of the zoning administrator or official shall be directed to the planning and zoning commission.

   B.   Appeals of a decision of the planning and zoning commission shall be directed to the board of county commissioners.

   C.   The decision of the board of county commissioners shall constitute an exhaustion of administrative remedies and may be appealed to district court within twenty eight (28) days.

   D.   Appeals must be filed within fourteen (14) working days after the decision, with the board of county commissioners.

   E.   The board of county commissioners will evaluate appeals for standing. Only affected persons may file an appeal. (Ord. 2006-11, 7-3-2006)

Siting permits may be transferred to a new permittee provided that:

   A.   The new permittee shall file a transfer statement form with the zoning administrator within thirty (30) days from the date of purchase, lease or transfer. The transfer statement form shall include the date of transfer, names and mailing addresses of both the transferor and transferee.

   B.   The previous permittee shall provide a signed statement, stating that the CAFO is in compliance with all terms of the original permit and all local, state and federal rules and regulations. (Ord. 2006-11, 7-3-2006)

An applicant may request a variance from the terms of this chapter in accordance with this code. Upon written notification of an agreement between both affected parties as to their approval, variances of these setbacks may be granted. (Ord. 2006-11, 7-3-2006)

Where applicable a building permit shall be required before construction shall commence on any new or expanding facility. A certificate of occupancy is required before the occupancy or use of expanded or new facilities by any animal.

   A.   Building Permit:

      1.   Prior to commencing construction of a new facility or commencing improvements to an expanding facility, the permittee shall obtain all building permits required by Payette County as applicable to the facility.

      2.   The building inspector shall have the right to perform regular inspections as determined by the building inspector.

      3.   The building inspector shall have the right to enter the property to conduct such inspections for compliance with the provisions of Payette County ordinances.

      4.   The building inspector shall have the authority to issue and post on the premises of the property a "stop work" order if an inspection reveals a violation of the terms of the siting or building permit(s). All work must cease after posting of the order. Work shall not be permitted to resume until the violation(s) has been corrected. Any violation of a stop work order is a misdemeanor punishable in accordance with this code and/or Idaho law.

   B.   Change Orders:

      1.   If the permittee desires to make changes to the proposed facilities authorized under the permit, the permittee shall present a written change order request to the planning and zoning department. The request shall clearly specify any of the proposed changes being requested; including an explanation and justification for such changes along with such other documentation as will be necessary for a decision. If the proposed change involves the relocation of major improvements such as, but not limited to, the waste treatment system, free stall barns and corrals, the permittee shall adhere to the setbacks found herein. If a variance is needed for the change order the permittee will have to go through the variance procedure set out in section 8-19-15 of this chapter.

      2.   The zoning administrator shall then make a decision and provide written notification to the permittee of the decision.

      3.   Any appeals of the decision shall go through the available means for appeal as stated in section 8-19-13 of this chapter.

   C.   Certificate Of Occupancy:

      1.   Prior to the occupancy and/or use of the expanded or new facilities by any animal the permittee shall obtain a certificate of occupancy.

      2.   The permittee shall provide written notification from all applicable state and federal agencies showing compliance with all rules and regulations before a certificate of occupancy shall be granted.

      3.   Upon completion and final inspection of the facilities authorized by the permit(s) and upon compliance with the provisions set forth by the permit the building inspector shall issue a certificate of occupancy to the permittee. The certificate shall certify that all facilities have been inspected and conform to the terms of the permit(s), are in compliance with the provisions of Payette County ordinances and the permittee is fully authorized to occupy and operate the animal feeding operation.

      4.   Stages of occupancy can be made provisions of the original permit.

   D.   Construction: Construction of the CAFO must be commenced within two (2) years of the issuance of the permit and must be completed in five (5) years of the issuance of the permit or it shall expire. (Note: Unless other time frames were addressed in the original application and approved.) (Ord. 2006-11, 7-3-2006)

All CAFOs which are required to have a nutrient management plan shall follow and be in compliance with a nutrient management plan approved by the appropriate government agency. (Ord. 2006-11, 7-3-2006)

An expansion of any CAFO which operates or proposes to operate more than two thousand (2,000) animals, may be permitted only after notice and a public hearing. (Ord. 2006-11, 7-3-2006)

The zoning administrator, or an authorized agent, shall have the authority to enforce the provisions of this chapter.

   A.   General Procedure:

      1.   Whenever the zoning administrator shall determine that a violation of this chapter has occurred or is about to occur, the zoning administrator may take any action allowed by this chapter in accordance with the provisions of this chapter or any applicable section of this code.

      2.   Complaints made by individuals in relation to the provisions of this chapter shall be in writing and contain the nature of the complaint(s), the name and address of the CAFO, time(s) and date(s) of the occurrence, the name, address and phone number of the complainant. The complainant must reside within a one mile radius of the CAFO site.

      3.   Upon receiving a complaint the zoning administrator will determine if a violation exists. If a violation exists the zoning administrator will notify the complainant and permittee in writing within twenty (20) working days and will commence enforcement action.

      4.   The permittee/operator shall be notified by either hand delivery or first class mail. Three (3) days after the date of mailing or the date of hand delivery the notice shall become effective.

      5.   Upon receiving a complaint the zoning administrator will determine if a violation exists. If a violation does not exist the zoning administrator will notify the complainant within twenty (20) working days of no violation existing. (Ord. 2006-11, 7-3-2006)

      6.   If a violation does exist, the permittee/operator shall respond in writing to the zoning administrator within ten (10) working days. (Ord. 2006-11, 7-3-2006; amd. Ord. 2009-03, 6-15-2009)

         a.   If the violation can be corrected in twenty (20) working days or less the response will contain a description of the corrective action(s) and estimated time necessary to complete it.

         b.   If the violation is such that it will require additional time to correct the permittee will submit in writing within ten (10) working days of the above described notice a proposed compliance schedule for review and approval by the zoning administrator. The compliance schedule will explain in detail what actions will be taken to correct the violation and a time schedule for completion. (Ord. 2006-11, 7-3-2006)

      7.   The zoning administrator will review the proposed compliance schedule and determine if the time requested is reasonable. The permittee shall be required to schedule and attend a meeting with the zoning administrator within twenty (20) working days of submittal of the proposed compliance schedule.

      8.   In the event that a compliance schedule is not agreed upon the zoning administrator will then send the proposal to the board of county commissioners for its review. The board will review the proposal and recommendations of the zoning administrator and render a decision within twenty (20) working days. (Ord. 2006-11, 7-3-2006; amd. Ord. 2009-03, 6-15-2009)

      9.   Upon the acceptance of the compliance schedule the zoning administrator will contact the complainant and provide a copy of the schedule.

      10.   Failure by the permittee to meet the requirements of this section or abide by the proposed compliance schedule shall result in enforcement action.

   B.   Enforcement Action: In the event it becomes necessary for action to be taken on a violation, the criminal penalty shall be consistent with any violation of this title. (Ord. 2006-11, 7-3-2006)