(A) Pre-permitted uses. Mining operations operating with a valid conditional use permit issued by the city and in compliance with the terms and conditions of the conditional use permit shall be permitted to continue subject to the following: The uses shall not be permitted to expand, either in size or use, beyond the limits set forth in the conditional use permit without first obtaining a new conditional use permit.
(Prior Code, Ch. 901 § 3.1)
(B) Permit required. A mining permit is required for all mining operations and is subject to the following:
(1) The operation of a mining operation without a valid conditional use permit is declared to be a nuisance, and it shall be unlawful for any person, partnership, company, or corporation to engage in mining in violation of this section, or for any property owner to permit a person to mine his or her property in violation of this section.
(2) The information contained in the preliminary permit shall be used by the Zoning Administrator to prioritize existing mining operations as to their potential aesthetic and environmental impacts. The impacts shall be the basis on which the Zoning Administrator provides notification to existing operations of the need for a conditional use permit. Existing operations must apply for a conditional use permit within 90 days of being notified by the Zoning Administrator of the need for a permit. If no permit is applied for and/or subsequently issued, all mining operations shall cease and the property restored in accordance with the provisions of this chapter.
(3) The conditional use permit issued by city shall be valid for a maximum of 1 year. If the operator seeks to continue beyond expiration, an application for a new permit must be applied for at least 90 days prior to the expiration of the current permit. An annual permit issued by the city is required each year as specified below.
(4) (a) In order for the city to grant a conditional use permit for a new mining operation or the expansion or change in use of an existing operation, whether under permit or not, all of the following criteria must be met:
1. The subject property is in an A-1 Zoning District;
2. The property is at least 40 acres in size;
3. All other standards for approval of a conditional use permit as contained in §
159.149 of the city Zoning Regulations are met;
4. The operation is consistent with the City Comprehensive Plan; and
5. Compliance with all provisions of this chapter.
(b) Provided, however, that for operations existing on the effective date of this chapter, who are not pre-permitted uses and who do not seek to expand their operation beyond the standards set forth in their preliminary permit, need only comply with performance standards contained in this chapter.
(Prior Code, Ch. 901 § 3.2)
(C) Annual permit. The City Council shall issue an annual permit as required by this chapter subject to the following: Prior to the issuance of the annual permit, a copy thereof shall be submitted to the Zoning Administrator who will review it to see that it complies with the requirements of this chapter and the city permit issued. If the permit conforms to the requirements of this chapter and any more restrictive conditions set forth by the city, the annual permit may be issued. If it does not conform to the city permit, the Zoning Administrator shall refer it to the City Council for review.
(Prior Code, Ch. 901 § 3.3)
