30-3 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Applicability, Excavation Permit and Notification Required

A. All facilities engaged in the mining or quarrying of sand and gravel, whether operating under current permits from the City or as a legal nonconforming use, shall be required to obtain an excavation permit from the City and comply with the applicable provisions of this Chapter, which may vary depending on the proximity of the operation to existing residential areas or property zoned for residential uses as set forth below. All extractive operations are considered a part of excavation activities, but the operation of a concrete batch plant or a hot mix asphalt plant is not permitted except as otherwise allowed and approved as provided in the MG-EX Zone or on a temporary basis under the provisions of section 30-11. Those excavation operations located more than one thousand feet (1000’) as measured from property line to property line from existing residential areas or property zoned for residential uses, not including agricultural zoning designations, at the time an Operator first commences excavation activities on the property or submits an application for an Excavation Permit, whichever is earlier, an Excavation Permit shall be required but such operations shall not be required to comply with the requirements of sections 30-8(B) and (E) of this Chapter. B. If an Owner or Operator submits an application to DOGM, whether for a modification of an existing permit or a new permit, the Owner or Operator shall give written notice within thirty (30) days of such application to the CDD. C. For those excavation operations that have existing and valid conditional use permits or a written agreement between the City and the Owner or Operator acknowledging the existence of a legal nonconforming use, such conditional use permits and written agreements shall remain in full force and effect. The provisions of this Chapter shall only apply to such operations to the extent that they are not inconsistent with or otherwise covered by a current, valid conditional use permit or a written agreement with respect to a legal nonconforming use.