A. Existing Feedlots: Except as provided by subsection B of this section, existing feedlots may continue operations as legal nonconforming uses as set forth in chapter 15 of this title, and as long as they do not constitute a potential pollution hazard. Such feedlots may only continue on the condition that they obtain approval from MPCA, if necessary.
1. It is understood that by its nature the raising of animals and farming creates a situation where there are seasonal, natural fluctuations in the number of animals within a facility. It is also understood that to remain viable, a farming operation must have a reasonable ability to limited expansion. Due to these peculiar circumstances, and only for purposes of this chapter, the phrase "enlarged" contained in chapter 15 of this title shall be construed as an enlargement of a legally established preexisting use in the following circumstances:
a. In a case where a new structure is constructed or is proposed for construction for the purpose of housing additional animals.
b. In a case where a lagoon or earthen basin associated with an increase in animal units is constructed or proposed for construction.
c. In a case where an existing animal feedlot is not in compliance with the terms and conditions of an MPCA permit or interim permit.
d. In the case where additional animal units place the facility in violation of current City ordinances regarding the care of animals.
e. Any increase of the total number of animal units in an existing animal feedlot which raises the cumulative total of animal units above twice the number present upon the facility at the effective date hereof.
f. Any construction, outside of normal maintenance, which has the effect of increasing the size of a building used for the purposes of housing animals which is done without the conditional use permit required by this chapter.
g. Absent any ongoing violations of other City ordinances.
B. Registered Feedlots: Those feedlots registered with the City by October 1, 2000, may continue operations and be allowed limited expansion opportunities as provided in this section, subject to the following:
1. All existing feedlots shall be registered with the City by October 1, 2000, by administrative permit, subject to the procedures set forth in and regulated by chapter 8 of this title.
a. An application for an administrative permit to register an existing feedlot shall include the following information:
(1) Owner's and operator's name and address.
(2) Location of the animal feedlot including quarter, section, range and township.
(3) Animal types and existing number of animals of each type confined at the feedlot and maximum number of animal units allowed in conformance with MPCA permits and guidelines.
(4) A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, manure storage areas and/or structures, lakes, ponds, watercourses, known wetlands, dry runs, rock outcroppings, roads and wells within one thousand feet (1,000') of the feedlot.
(5) Plans for buildings and structures as required by this chapter and/or other County and State ordinances and regulations.
(6) A manure and waste management plan as required by the MPCA.
(7) Leases or agreements allowing disposal of manure on land other than that of the feedlot owner/operator. No land may be subject to more than one such lease or agreement.
(8) Documentation of compliance with all MPCA rules and regulations and approval of MPCA permits, as may be applicable.
(9) Information identified in section 11-9-6 of this title, as may be applicable.
b. An amendment to a registration may be applied for and shall be administered in a manner similar to a new registration application. Amended registration shall be required for any of the following:
(1) Ownership of an existing feedlot is changed, including, but not limited to, the following:
(A) A change in ownership of buildings and/or land.
(B) A lease for the use of buildings and/or land is entered into, modified or terminated.
(2) There is a substantial change in operation of the feedlot.
(A) The number of animal units is increased two hundred percent (200%) above the number of animal units existing at the feedlot on the date of registration.
(B) Construction of new buildings or expansion of existing buildings capable of housing animals.
(C) Any change in the operation of a feedlot that would affect the storage, handling, utilization or disposal of manure.
c. Registration of an existing feedlot shall be valid indefinitely; provided, that the operation is in full compliance with the provisions of this title and County and/or State regulations, as may be applicable. The owner of a feedlot may terminate an approved registration at any time by submitting a written request to the Zoning Administrator. Once terminated by a feedlot owner, registration shall be permanently forfeited and not reestablished under any circumstances. Any feedlot for which registration was terminated may continue operations as a legal nonconforming use as outlined in subsection A1 of this section.
d. Any feedlot not registered with the Zoning Administrator by October 2, 2000, may continue operations as a legal nonconforming use as outlined in subsection A1 of this section.
C. Rural Service Area: Those feedlots presently existing within the rural service area, designated by the Comprehensive Plan, may continue operations and be allowed limited expansion opportunities as provided in this section, subject to the following:
1. All existing feedlots shall be registered with the City by October 2, 2000, by administrative permit, subject to the procedures set forth in and regulated by chapter 8 of this title.
a. An application for an administrative permit to register an existing feedlot shall include the following information:
(1) Owner's and operator's name and address.
(2) Location of the animal feedlot including quarter, section, range and township.
(3) Animal types and existing number of animals of each type confined at the feedlot and maximum number of animal units allowed in conformance with MPCA permits and guidelines.
(4) A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, manure storage areas and/or structures, lakes, ponds, watercourses, known wetlands, dry runs, rock outcroppings, roads and wells within one thousand feet (1,000') of the feedlot.
(5) Plans for buildings and structures as required by this chapter and/or other County and State ordinances and regulations.
(6) A manure and waste management plan as required by the MPCA.
(7) Leases or agreements allowing disposal of manure on land other than that of the feedlot owner/operator. No land may be subject to more than one such lease or agreement.
(8) Documentation of compliance with all MPCA rules and regulations and approval of MPCA permits, as may be applicable.
(9) Information identified in section 11-9-6 of this title, as may be applicable.
b. An amendment to a registration may be applied for and shall be administered in a manner similar to a new registration application. Amended registration shall be required for any of the following:
(1) Ownership of an existing feedlot is changed, including, but not limited to, the following:
(A) A change in ownership of buildings and/or land.
(B) A lease for the use of buildings and/or land is entered into, modified or terminated.
(2) There is a substantial change in operation of the feedlot.
(A) The number of animal units is increased two hundred percent (200%) above the number of animal units existing at the feedlot on the date of registration.
(B) Construction of new buildings or expansion of existing buildings capable of housing animals.
(C) Any change in the operation of a feedlot that would affect the storage, handling, utilization or disposal of manure.
c. Registration of an existing feedlot shall be valid indefinitely; provided, that the operation is in full compliance with the provisions of this title and County and/or State regulations, as may be applicable. The owner of a feedlot may terminate an approved registration at any time by submitting a written request to the Zoning Administrator. Once terminated by a feedlot owner, registration shall be permanently forfeited and not reestablished under any circumstances. Any feedlot for which registration was terminated may continue operations as a legal nonconforming use as outlined in subsection A1 of this section.
d. Any feedlot not registered with the Zoning Administrator by October 2, 2000, may continue operations as a legal nonconforming use as outlined in subsection A1 of this section. (Prior Code § 20-27-2)