§ 19.13.008 USE PERMITS.
   (A)   Use permit findings. The Planning Commission shall approve or conditionally approve the use permit only if the evidence presented establishes:
      (1)   That the use permit application and supporting documents describe the surface mining operation in adequate detail, and incorporate adequate measures to mitigate the probable or known significant environmental effects caused by the surface mining operation;
      (2)   That the surface mining operation is properly located in relation to the General Plan and to the community as a whole, and to other land uses, transportation and service facilities in the vicinity;
      (3)   That the surface mining operation, if it complies with all conditions upon which approval is made contingent, will not have substantial adverse effect on other properties in the vicinity or cause any substantial damage, hazard or nuisance; and
      (4)   That the use permit for surface mining operations will comply with the provisions of SMARA and state regulations.
   (B)   Use permit conditions of approval.
      (1)   Use permit. The Planning Commission shall provide that issuance of the use permit shall be contingent upon acceptance and observance of specified conditions reasonably related to surface mining operations.
      (2)   Commencing operations. An operator shall commence a surface mining operation not later than one year from the date of issuance of the operations permit. Failure to commence operations within the one-year time period renders the use permit void. This section shall not apply to those surface mining operations which comply with the provisions of § 19.13.012 relating to notice of non-abandonment of surface mining operations.
(Ord. 1057, § 3 (part), 2023)