A.
Required. No mining operation shall take place within the Village until a mining permit, together with a conditional use permit in accordance with § 70.241 of the Village Zoning Ordinance, has been secured from the Village Board. Such permit shall be for such initial period as is deemed appropriate to the specific situation, but not to exceed three years. Such permit may be renewed thereafter for periods not to exceed one year, provided that the Village Board deems it permissible with respect to all requirements in this article and § 70.205 of the Village Zoning Ordinance.
B.
Application. Each application and renewal application for a mining
permit shall be made on forms supplied by the Village Clerk and shall
be accompanied by the following:
(1)
An annual fee as set by the Board from time to time.
(2)
A full and adequate description of all phases of the contemplated
operation, and the specific type of machinery and equipment which
will or might be necessary to carry on the operation.
(3)
A legal description of the proposed site with an accurate map showing
its location and indicating existing or proposed private access roads,
the property of adjacent owners, and public highways adjacent to the
site which will be affected by the operation.
(4)
A topographic map of the area at minimum contour intervals of two
feet, extending beyond the site to the nearest public street or highway
or a minimum of 500 feet on all sides.
C.
Action on application.
(1)
Referral to Plan Commission. The application and all data and information
pertaining thereto shall be referred to the Plan Commission for its
recommendations which shall be given to the Village Board within 30
days.
(2)
Action by Village Board. The Village Board shall, within 60 days
after receipt of the recommendation of the Plan Commission, take action
to grant or deny such permit. The Board shall be guided by consideration
of the public health, safety, and welfare and shall give particular
consideration to the following factors in making its decision:
(a)
The effect of the proposed operation on existing roads and traffic
movement in terms of adequacy, safety, and efficiency.
(b)
The effect of the proposed operation on drainage.
(c)
The possibility of soil erosion as a result of the proposed
operation.
(d)
The degree and effect of dust and noise as a result of the proposed
operation.
(e)
The practical possibility of restoration of the site.
(f)
The effect of the proposed operation on the natural beauty,
character, tax base, land value, and land uses in the area.
(g)
The most suitable land use for the area with particular regard
for future residential value.
(3)
Additional conditions. Any conditions accessory to the granting of
a permit shall be in writing and copies thereof made a part of the
permit and part of the records of the Village.
(4)
Nonconforming uses. Upon issuance of a permit under this article,
any nonconforming use shall conform to this article, and the user
shall waive any rights he may have had to such nonconforming use.
(5)
Renewals. The procedure designated in Subsections A and B and in this Subsection C(5) shall apply to applications for renewal of a permit. Determinations in regard to renewal shall be based particularly on an evaluation of the effect of the continuance of the use with respect to changing conditions in the area. Where renewal is refused, the reasons for refusal shall be presented to the applicant, in writing, and made a part of the records of the Village.[1]
A.
Enforcement officer. The Building Inspector shall enforce the provisions
of this article under the direction of the Village Board.
B.
Powers and duties. In the enforcement of this article, the Building
Inspector shall:
(1)
Issue the necessary building and occupancy permits, provided that the provisions of this article and Chapter 135, Building Construction, of this Code have been complied with.
(2)
Keep an accurate record of all permits, numbered in the order of
issuance, in a record book provided by the Village for this purpose.
(3)
At any reasonable time, and for any proper purpose, enter upon any
public or private premises and make inspection thereof.
(4)
Upon reasonable cause or question as to compliance, revoke any building
or occupancy permit and issue cease and desist orders requiring the
cessation of any building, moving, alteration, or use in violation
of the provisions of this article, such revocation to be in effect
until reinstatement by the Building Inspector or the Board of Appeals.[1]
