§ 11-115. Nonconforming facilities.

(a)

Solid waste management facilities with a valid Level 3 or Level 4 review approval issued under the Polk County Land Development Code as of March 20, 2014 may continue to develop the project and operate in accordance with the approval in place as of March 20, 2014. Such facilities shall not be subject to the provisions of sections 11-117 through 11-121, below; provided, however, such facilities shall not be modified or expanded without receiving approvals for the facility modification or expansion required by the Polk County Comprehensive Plan, Land Development Code and this article thereby becoming subject to sections 11-117 through 11-121 below, except for the minimum distance requirements in section 11-118(3), which shall not apply to the modification or expansion of an existing facility with a valid Level 3 or Level 4 review approval as of March 20, 2014.

(b)

Soil manufacturing facilities with a valid Level 4 review approval issued under the Polk County Land Development Code as of the effective date of Ordinance 2017-042 may continue to develop the project and operate in accordance with the approval in place as of the effective date of Ordinance 2017-042. Such facilities shall not be subject to the provisions of Section 11-117 through 11-121, below; provided, however, such facilities shall not be modified or expanded without receiving approvals for the facility modification or expansion required by the Polk County Comprehensive Plan, Land Development Code and this article thereby becoming subject to Sections 11-117 through 11-121 below. Notwithstanding the foregoing sentence, such facility that has submitted an application to modify its facility operation plan that is pending as of the effective date of Ordinance 2017-042 shall not subject the facility to the provisions of Section 11-117 through 11-121, below so long as the applicant is diligently pursuing the application to completion and approval by Polk County.

(Ord. No. 2014-014, § 5, 3-18-14; Ord. No. 17-042, § 4, 10-3-17)