§ 21.28.050. Prior existing uses.

A.

CAFOs are not required to obtain a CLUP if use as a CAFO commenced or was operated before June 4, 2002 provided that the subject use continues on the same parcel. In no event shall a prior existing use be expanded beyond the smaller of the lot, block, or tract lines as they existed on June 4, 2002. If a parcel is further subdivided after June 4, 2002, the pre-existing use may not be expanded beyond the boundaries of the lots, tracts, or parcels it occupied on June 4, 2002.

B.

Owners of preexisting CAFOs must apply to be registered as a prior existing use prior to June 2, 2003. If the application is denied or untimely filed, the operator must comply with provisions of this chapter. Such registration shall include the same information required by KPB 21.28.010, and an affidavit by the owner as to the date since which such nonconforming use has existed. A fee may be charged as set by planning commission resolution.

C.

The planning director shall make determinations regarding prior existing use status. Notice and an opportunity to make written comments regarding prior existing use status shall be issued to owners of property in a one-half mile radius of the site. After receiving written comments, the planning director may decide whether to register the prior existing use or refer the matter to the planning commission for public hearing. Notice of the public hearing shall be given to persons filing written comments with the planning director prior to the hearing. If the planning director makes a determination, written findings shall be included in the decision which shall be distributed to all persons making written comments. The planning director's decision granting or denying registration may be appealed to the planning commission within 15 days of the date of the notice of decision.

(Ord. No. 2002-14, § 3, 6-4-02)