4.3 PCSR 11-23-2010 - Laserfiche WebLink

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applicable requirements of Chapter 30 of this Code, and the standards and requirements set forth in this article. (b) No application for an extraction license and/or a Conditional Use Permit to allow mineral excavation activities on land which includes any wetlands shall be presented to the Planning Commission or City Council for review unless and until the process set forth in Section 30-1851 (d) of this Code has been completed and the provisions, standards and requirements of Chapter 30, Article VI, Division 10.5 have been fully complied with. Failure to complete the process set forth in Section 30-1851 (d), or to comply with the provisions, standards and requirements of Chapter 30, Article VI, Division 10.5, shall be cause for denial of an application for a license or Conditional Use Permit. (c) The Council shall issue an extraction license only upon a finding that the proposed extraction activities will comply with the standards and requirements set forth in this article and will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property. The Council, in its discretion, may attach conditions to protect the public health, safety and welfare, to avoid traffic congestion or hazard, or to promote conformity of a proposed use with the character of adjoining property and uses. (d) The Council shall issue a Conditional Use Permit allowing extraction activities only upon a finding that the proposed extraction activities will: (i) comply with the standards for issuance of a Conditional Use Permit set forth in Section 30-654 of this Code; (ii) will comply with the standards and requirements set forth in this article; and (iii) will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property. The Council, in its discretion, may attach conditions to the issuance of a Conditional Use Permit as provided in Section 30-655 of this Code. (e) The Council shall approve a zone change to the mineral excavation overlay district only upon a finding that: (i) the requirements set forth in Section 30-575 of this Ordinance have been met; (ii) the proposed zone change is consistent with the City's Comprehensive Plan; and (iii) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use. Section 6. That Section 42-54 (a) of the Elk River City Code of Ordinances shall be amended to add new subpart (3) thereto, as follows: (3) The estimated quantity of minerals to be extracted. If the quantity of minerals to be extracted is, for any reason, likely to exceed the original estimate