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<br /> <br /> <br /> Created: 2025-05-22 16:40:53 [EST] <br />(Supp. No. 36) <br /> <br />Page 145 of 198 <br />(3) Whether, and the extent to which, mining operations may cause any harm to the environment <br />including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and accumulation <br />of waste materials or pollutants. <br />(4) Whether adequate plans have been submitted for restoring the site of the mining operation once the <br />operation has ceased. <br />(5) Whether there will be a reasonable follow-on use for the property once the mining operation has <br />ceased. <br />(6) Whether there is substantial likelihood that the applicant will be able to comply with the rules, <br />regulations, and conditions regulating the site. <br />(f) Processing machinery permitted as part of a mining operation must meet the setback requirements from <br />public waterbodies found in section 90-137 and 90-138. <br />(g) Conditional use permits shall not be approved for mining operations that will damage or endanger significant <br />natural communities, as defined in this chapter. <br />(h) All mining permit approvals shall be contingent upon the applicant providing the following security to the city <br />clerk prior to the commencement of mining operations, and in any case, within 30 days following the <br />permit's approval, or the approval shall be automatically rescinded: <br />(1) A bond or letter of credit guaranteeing performance under the permit in an amount equal to 125 <br />percent of the city engineer's estimate for the cost of reclamation, or $100,000.00, whichever is <br />greater. The bond shall be for the benefit of the city only. <br />(2) A certificate of liability insurance, issued by an insurance company authorized to do business in the <br />state, insuring the persons conducting mining operations, the city and the city's agents in the sum of <br />not less than $100,000.00 for injury to one person, $600,000.00 for one accident, and at least <br />$100,000.00 for property damage, or such other amounts as the city council shall determine. <br />Termination of the insurance, without adequate replacement, automatically terminates the mining <br />permit at the date and time the insurance lapses. <br />(Prior Code, § 1195-470.1, § 90-247) <br />Sec. 90-247. Motor freight terminal. <br />(a) It is unlawful for any person to construct, operate, or maintain a motor freight terminal, except in <br />conformance with this chapter. <br />(b) Vehicle maintenance activities and fuel-dispensing accessory to a motor freight terminal may be allowed by <br />conditional use permit. <br />(c) Exteriors of all principal and accessory buildings shall be of architecturally enhanced concrete panel, <br />architecturally enhanced masonry block, exterior insulation and finish system (EIFS), brick, dressed stone or <br />glass. Colors shall be neutral or earth tones except, to create a decorative effect, 20 percent of the building <br />facade (excluding window and door areas from the computation) may be decorated with glazed tile, glass, <br />plastic or metal panels, or wood of various colors. <br />(Prior Code, § 1195-480.1, § 90-248) <br />Sec. 90-248. Motor vehicles, boat, farm machinery and trailer sales. <br />(a) It is unlawful for any person to sell or maintain for sale any motor vehicle, boat, farm machinery, or trailer, <br />except in conformance with this chapter.