(1) Application: Application for a permit and/or renewal permit shall occur if an owner/operator proposes to commence or continue mining/quarrying. This chapter is not intended in any way to regulate the mining of coal. Auxiliary and/or accessory uses for mines/quarries shall apply for separate permits as required by the Zoning Ordinance. These could include but are not limited to overnight truck storage, storage of explosives, asphalt batch plant, concrete batch plant, storage of materials, night watchman quarters, and transmission towers.
(2) Minimum Area and Location: Area and location shall be limited as follows:
(a) Except for operations with valid existing rights, no new quarry, processing plant, or stockpiles shall be conducted closer than one thousand (1,000) feet to any existing residence unless the residence is located on the subject property.
(b) Portals, stockpiles, processing facilities, and/or other uses associated with mining/quarrying shall be located in a zone(s) which permit such uses as defined in the Zoning Ordinance.
(3) Reapplication: Reapplication shall occur if the owner/operator proposes to alter the activity(s) set forth in the conditional use permit(s) by any of the following:
(a) An increase of greater than twenty (20) percent of projected monthly production or ten (10) percent of an annual basis as set forth in the mining plan except that the owner/operator shall be permitted to operate during the period of review of this reapplication for a change in production.
(b) Relocation, modification or alteration of any permanent structures, roads, stockpile areas, or ingress/egress or any part of the surface site plan.
(c) Any significant modification or alteration of any aspect of the underground mine or quarry plan.
(d) Expansion beyond the defined mining boundary.
(e) Change in the type of mining.
(f) Change in the ownership of the owner/operator whether by sale of greater than ten (10) percent of its stock, assignment, lease, merger or otherwise, except that the owner/operator shall be permitted to operate during the period of review of his reapplication for a change in ownership.
(g) Blasting frequency or velocity exceeding the standards set forth herein.
(h) Any changes or significant modifications to the ultimate land use as defined in the reclamation plan and reclamation description.
(4) Existing Operations: The owner/operator of any existing operations shall submit a complete permit application within six (6) months of the effective date of this chapter [December 12, 1991].
(Ord. No. 252-91, § 1, 12-12-91)