§ 23.07.042. Processing Requirements.

When located in an EX area, all proposed land uses required to have land use permit approval by Chapter 23.03 (Permit Requirements), Chapter 23.08 (Special Uses), or by planning area standards of the Land Use Element (Part II), are subject to the requirements of Sections 23.07.040 through 23.07.044.

a.

Permit required:

(1)

Resource extraction: The land use permit requirements for oil wells or mining operations are to be as determined by Sections 23.08.170 et seq. (Resource Extraction).

(2)

Electric generating facilities: The land use permit requirements for new electric generation facilities and modifications to existing facilities are determined by Sections 23.08.300 et seq. (Electric Generating Plants).

(3)

All other land uses: Proposed land uses not directly related to energy or extraction operations are subject to Minor Use Permit approval, unless the project would otherwise be required by this title to have Development Plan approval.

b.

Application content:

(1)

Resource extraction: As required by Sections 23.08.170, et seq. (Resource Extraction).

(2)

Electric generating facilities: As required by Section 23.08.300, et seq. (Electric Generating Plants). [Amended 1992, Ord. 2591]

(3)

All other land uses: Where a land use other than resource extraction or electric generation is proposed in an EX area, the permit application is to include a mineral resource report prepared by a geologist or mining engineer that evaluates:

(i)

The estimated extent and commercial value of any mineral resources located on the site or known to be within the vicinity of the proposed uses;

(ii)

The feasibility of extracting the identified mineral resources within a reasonable time before development of the proposed use;

(iii)

The feasibility of conducting resource extraction operations at the same time as the proposed use.

c.

Required findings: Approval of any use other than energy production or resource extraction may be granted when the finding is made that the proposed use will not adversely affect the continuing operation or expansion of the energy or extraction use.

[Amended 1993, Ord. 2591; 1995, Ord. 2715]