§ 8107-42.3. Application.

To qualify as a "stand alone batch plant" under this section, a batch plant (concrete and/or asphalt):

(a)

Must be in operation as of January 1, 1999 and on that date be a legal nonconforming use, a legally permitted principal use, or a legally permitted accessory use to an approved mining operation, in the open space zone within one mile of areas designated "urban" on the general plan;

(b)

Must have received unprocessed material in the past from: (1) a mining operation that was included in the permit which authorized the plant; or (2) a legally permitted mining operation immediately adjacent to the plant and such materials are now exhausted;

(c)

Must be adjacent to or within two thousand (2,000) feet of a four-lane road that trucks have lawful access to and which have a separate left turn lane for access to the site; and

(d)

Must be within a four mile radius of four highways which are a combination of U.S. highways or state routes.

Where a conditional use permit (CUP) exists that specifically regulates the subject batch plant as a principal use, the CUP may remain in effect until the CUP expires, at which time it may be renewed pursuant to this section with a Planning Commission approved CUP. Where the batch plant is not subject to its own specific CUP, but is accessory to a permitted mining operation exhausted of mineral resources, a new CUP for the subject plant, or a modification of the mining permit to include the batch plant as a principal use, shall be applied for within one year of the adoption of Section 8107-42 et seq. Said new CUP or modification shall be subject to approval by the Planning Commission and shall specifically regulate the batch plant operations.

(Add Ord. 4289—6/24/03)