All persons excavating from pits, quarries or landfills presently in existence, shall be required to obtain a permit from the Planning and Development Director or his duly appointed agent, within ninety (90) days from the effective date of this chapter. Permits shall be issued for continuing operation of such excavation after the Planning and Development Director, or his appointed agent, finds as follows:
(A) That the applicant has obtained special exception approval from the City Council for the excavation project, or evidence of a legal nonconforming use;
(B) That the applicant has submitted plans to the planning and development director which plans shall include items set forth in § 175.05(A) through (E).
('74 Code, § 13½-6) (Ord. 89-11, passed 4-27-89)