14.20.154 Issuance of Permit for Surface Extraction of Natural Resources.
(a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met:
(1) The application is in substantial compliance with the requirements of this chapter;
(2) The boundaries of the proposed excavation at its greatest dimensions, including backslopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites is not required to maintain the above one hundred fifty feet (150') excavation between sites;
(3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening;
(4) The surface extraction is outside of the one percent (1%) annual chance flood zone (one hundred (100) year floodplain), one-fifth percent (0.2%) annual chance flood zone (five hundred (500) year floodplain), and high-hazard coastal areas;
(5) The site plan provides that backslopes be a minimum of a two-to-one (2:1) slope, except for the contiguous working face;
(6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation;
(7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area;
(8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located;
(9) The extraction does not destroy the land for the purposes for which it is zoned;
(10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners;
(11) The applicant is the owner of the subject property;
(12) Clearing limits shall be delineated on the site plan as well as clearly visible on site and shall be inspected by the City Planner or designee prior to the application being deemed complete.
(b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a conditional use permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state.
(c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission.
(d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter.
(Ords. 925, 1957-2002, 2977-2017, 3039-2018, 3042-2018)