Sidebar Developers Guide to the Development Process-

NATURAL RESOURCE EXTRACTION

Proposed Activity: You wish to remove a natural resource, such as topsoil, peat, sand or gravel, from your property.

Why am I required to file an application with the Planning and Zoning Commission if there is no actual site development? The state Statues mandate that a City's Zoning Code shall promote the public health, safety and welfare and provide for soil erosion and sedimentation control. Because of the potential significance and impact on the land of natural resource extraction, it is within the police power of the Planning and Zoning Commission to require that an application for a special exception be filed and a review be undertaken prior to approval of the activity by the Planning and Zoning Commission.

What is recommended? It is strongly recommended that the applicant consult with the City's Planning staff prior to making formal application.

What is required to be in my application? The application requirements are clearly listed in Section 44.08.10 Subsection E of the Zoning Code.

How long will it take? The Planning and Zoning Commission must provide adequate notice prior to the required public hearing (refer to flow charts) and then hold the hearing at most sixty-five (65) days from the day of receipt. A decision must come within sixty-five (65) days of the close of the hearing and the hearing is to conclude thirty (30) days after it commences. You and all other concerned parties have fifteen (15) days appeal period from the day of notice of the decision.

What is next? After approval you should follow the criteria and regulations as stipulated in Section 44.08.10 subsection G and H of the Zoning Code for extraction and reclamation activities. If your application was denied, you may appeal to the Superior Court.

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