A. Nonconforming Operations: Nonconforming (grandfathered) animal feeding operations shall be allowed to remain and operate under the following conditions:
1. For the purpose of this chapter an existing, nonconforming animal feeding operation shall be one that does not conform to the regulations of this chapter in its entirety, but which was lawfully in existence at the time that this chapter went into effect. Such existing nonconforming animal feeding operations that are operating under their current permitted number of animal units on file with the county may operate up to their permitted numbers, provided they are in compliance with the provisions of the previous county ordinances 21 and 153.
2. A nonconforming animal feeding operation may be changed to a conforming use by meeting the requirements of this chapter.
3. An existing nonconforming animal feeding operation may make improvements to corral(s), lagoon(s), storm runoff containment(s), barn(s), etc., provided that the general location of specific facilities is not changed, that setbacks will not be reduced and that the number of animal units will not increase above those permitted by the prior ordinance requirements.
4. Any animal feeding operation existing as of the effective date of this chapter, which has not previously registered with the county, shall have one hundred eighty (180) days after the effective date hereof to obtain a siting permit from the county. The owner must provide proof that the operation has been active in the last two (2) years, has a valid water right for the number of animal units at the facility and is in compliance with the requirements of the appropriate state and federal agencies. Any existing animal feeding operation which has not obtained a siting permit within the time provided shall not be recognized as an authorized or permitted animal feeding operation, and shall not be recognized as having vested rights that would be transferable to a subsequent owner or operator.
B. Expansion Of Existing Animal Feeding Operations: Existing, nonconforming animal feeding operations shall not increase in size or capacity beyond the permitted numbers without first conforming to the requirements of this chapter and obtaining a special use permit as provided by this chapter. In areas prohibiting animal feeding operations, existing operations shall not be eligible for expansion. A special use permit is required before any increase in animal units and/or construction takes place. (Ord. 158, 1-24-2002)
C. Milking Facilities: An existing cow milking AFO approved in accordance with the requirements of this chapter, may convert from milking cows to milking goats by making application to the planning and zoning administration.
1. The application will include the name and address of the AFO, the contact information of the owner/operator, the total number of goats, the average weight and conversion ratio, the written description of any proposed improvements, and the site plan showing proposed improvements imposed on the approved site plan.
2. Approval criteria: The existing AFO must be a milking facility, currently in operation, approved after January 2002, and in compliance with the requirements of this chapter. Improvements to items including, but not limited to, corral(s), lagoon(s), and stormwater runoff containment(s) and barn(s) may be made, provided, however that the general location of specific facilities is not changed and setbacks are not reduced and stay within the approved footprint of the facility. Animal units shall not increase above those permitted.
3. Upon receipt of the application the planning and zoning administration review the application for compliance with requirements of this chapter, and issue a written decision on the application. The administration either may approve or deny the permit.
4. Any appeal of the decision will be in accordance with the requirements of this code. (Ord. 245, 1-21-2016)