(A) No person, firm or corporation shall hereafter engage in the mining, extraction and/or processing of sand, gravel, rock, hard rock, soil and/or other materials on any land within the city without first obtaining a conditional use permit as provided in § 113.04. Borrow sites as defined in this chapter shall not require a conditional use permit.
(B) In order for the city to grant a conditional use permit for a mining, extraction or excavation 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 operation shall be located in the district or districts in which it is permitted.
(2) All other standards for approval of a conditional use permit as contained in the city zoning ordinance shall be met.
(3) The operation shall be consistent with the city’s Comprehensive Plan and be in compliance with all provisions of this chapter.
(C) A mining, extraction or excavation conditional use permit shall be effective for a period of five years from and after the date of approval, provided the conditions and requirements of the operation and reclamation, as set forth under the land owner’s/operator’s application and permit are met. An examination of the premises may be made by the Zoning Administrator or his or her appointed agent, along with the operator, at any time during the term of the operation.
(D) A conditional use permit shall be renewable for a period of five years upon application on a form provided by the Office of the Zoning Administrator and shall be submitted to the office of the Zoning Administrator a minimum of 60 days prior to the expiration date of the existing permit.
(1) With concurrence of the Zoning Administrator and the Planning Commission, the permit shall be renewed for a period of five years.
(2) If, upon review by the Zoning Administrator, Planning Commission or the City Commission, it is determined that the operation is in violation of the conditions or provisions of the conditional use permit or other city ordinance, a public hearing by the City Commission shall be held to review the existence of any alleged violations, and the fee for a conditional use hearing shall be paid by the applicant or permittee.
(Ord. 102, passed 10-24-2007)