§ 21.55.090. Mineral resource operations.

Notwithstanding the provisions of section 21.55.070, where exploitation of mineral resources exists as a nonconforming use and has been in continuous existence since April 21, 1969, or before, that use may continue provided the owner thereof complies with the following:

A.

On or before March 31, 1978, the owner shall obtain approval by the municipal planning and zoning commission of, and agree to abide by, a development and restoration plan for the property. The plan shall include:

1.

A graphic and legal description of the petition area.

2.

Existing topographic contours, at not more than two-foot contour intervals.

3.

Finished topographic contours when extraction is completed, at not more than two-foot contour intervals.

4.

Drainage features.

5.

Existing buildings and structures on the site.

6.

Current vegetation, and proposed plans for revegetation once operations have ceased.

7.

Access points which will be used by trucks and equipment, including ingress and egress points and internal circulation.

B.

A narrative statement shall also be submitted with the development and restoration plan. The narrative shall be based on existing and foreseeable information and shall detail the following information:

1.

A site drainage plan.

2.

The method of securing the area to prevent casual access.

3.

The estimated amount of material to be removed from the site.

4.

The proposed hours of operation.

5.

A proposed amortization schedule and supporting documentation for consideration by the planning and zoning commission which specifies the date the owner would cease operations.

6.

A description of operations or processing which will take place on the site during and after the time the material is extracted.

7.

A plan or program of regrading and shaping the land for future use in accordance with the municipal comprehensive plan.

8.

Plans for control of particulates and other air pollutant emissions from the site and equipment used on the site.

C.

In connection with consideration of the owner's proposed development and restoration plan, the commission shall set a reasonable period of time for discontinuation of the mineral resource operation. Determination of amortization periods shall be based on evidence presented to the planning and zoning commission by the owner and other interested persons and shall reflect consideration of:

1.

The community's need for the mineral resources available through continuation of the owner's resource operation.

2.

Relevant financial data, including the number of tons of recoverable gravel compatible with the ultimate design profile of the land; the income to be generated by sale of resources at prevailing market conditions; the owner's reasonable return on his investment considering the cost of capital and the risk involved; and the owner's investment in real property, fixtures and equipment used in the operation.

3.

The compatibility of the operation with the development and expansion of roads, utilities and public services into the surrounding area.

4.

The compatibility of the operation with the present and future development of surrounding neighborhoods, and with prevention of noise, dust, safety hazards, traffic congestion, aesthetic deterioration and other adverse environmental effects.

D.

The planning and zoning commission may impose reasonable restrictions in the following areas:

1.

Hours of operation, if necessary to protect the health, safety and welfare of neighboring residents affected by the mineral resource operation.

2.

Screening or otherwise limiting access to the pit, if reasonably necessary to protect the public from the dangers therein.

3.

Slope ratios necessary to protect the future beneficial uses of the property as described in the owner's plan for development and restoration.

4.

Measures to protect public rights-of-way adjoining the mineral resource operation and to guarantee orderly traffic circulation into the pit and the surrounding area.

5.

Limitations on drainage or storage of surface waters to protect surrounding property, to eliminate dangers to the public, or to protect the future beneficial use of the property as described in the owner's plan for development and restoration.

E.

Upon receipt of a development and restoration plan pursuant to subsection A of this section, the planning and zoning commission shall conduct a public hearing to receive testimony and exhibits from the owner and other interested persons relating to acceptance of the plan, determination of an amortization period, and regulation of operations pursuant to subsections C and D of this section. Notice of such hearing shall be provided to the public and to real property owners in the same manner as that required for conditional uses other than planned unit developments.

F.

The owner may apply to the planning and zoning commission for a modification of the development plan, including the amortization schedule, or for a modification of restrictions imposed under subsection D of this section based upon changes in conditions since the adoption of the plan. If the commission determines that the application of the factors set forth in subsection C of this section to the changed conditions reasonably support the request for modification, and that the modification is not adverse to the public interest, the request for modification shall be granted.

G.

Actions of the planning and zoning commission taken under this section shall be treated as conditional uses for the purposes of appeals to the assembly.

H.

This chapter shall not apply to any mineral resource operation continuing as a lawful conditional use on August 9, 1977.

I.

This chapter shall not be construed to prohibit or restrict owners of nonconforming mineral resource operations from raising constitutional or legal objections to decisions of the planning and zoning commission relating to restoration plans, amortization or conditions of separation.

(AO No. 77-224)