11-812. Restriction on regulation; exceptions;
aggregate mining regulation; definitions
(L10, Ch. 244, sec. 7. Eff. 10/1/11)
A. Nothing contained in any ordinance authorized by this chapter shall:
1. Affect existing uses of property or the right to its continued use or the
reasonable repair or alteration of the property for the purpose for which used at the
time the ordinance affecting the property takes effect.
2. Prevent, restrict or otherwise regulate the use or occupation of land or
improvements for railroad, mining, metallurgical, grazing or general agricultural
purposes, if the tract concerned is five or more contiguous commercial acres. For the
purposes of this paragraph, "mining" has the same meaning prescribed in section 27-301.
3. Prevent, restrict or otherwise regulate the use or occupation of land or
improvements for agricultural composting, if the tract is five or more contiguous
commercial acres. An agricultural composting operation shall notify in writing the board
of supervisors and the nearest fire department of the location of the composting
operation. If the nearest fire department is located in a city, town or fire district
where the agricultural composting is not located, the agricultural composting operation
shall also notify in writing the fire district in which the operation is located.
Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this
paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01,
subsection G.
B. A nonconforming business use within a district may expand if the expansion does
not exceed one hundred per cent of the area of the original business.
C. For the purposes of subsection A, paragraph 2 of this section, mining does not
include aggregate mining operations in an aggregate mining operations zoning district
established pursuant to this section. The board of supervisors of any county with a
population of more than two million persons shall designate and establish the boundaries
of an aggregate mining operations zoning district on the petition of at least one hundred
persons who reside within one-half mile of an existing aggregate mining operation. In
addition, the board of supervisors of any county may establish, in its discretion and on
the board's initiative, one or more aggregate mining operations zoning districts.
Aggregate mining operations zoning districts may only be located in areas that are
inventoried and mapped as areas of known reserves or in areas with existing aggregate
mining operations. Subject to subsections E and F of this section, a county and the state
mine inspector may jointly adopt, as internal administrative regulations, reasonable
aggregate mining operations zoning district standards limited to permitted uses,
procedures for approval of property development plans and site development standards for
dust control, height regulations, setbacks, days and hours of operation, off-street
parking, screening, noise, vibration and air pollution control, signs, roadway access
lanes, arterial highway protection and property reclamation for which aggregate mining
operations are not otherwise subject to federal, state or local regulation or a
governmental contractual obligation. Regulations jointly adopted pursuant to this
subsection by the county and the state mine inspector shall not prohibit the activities
included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate,
conflict with or be more stringent than applicable federal, state or local laws.
D. The board of supervisors of any county that establishes an aggregate mining
operations zoning district shall appoint an aggregate mining operations recommendation
committee for the district. The committee consists of not more than seven operators, or
representatives of operators, of active aggregate mining operations in any district
within the county and an equal number of private citizens, who are not operators, who are
not employed by operators and who do not represent operators, residing within three miles
of the boundaries of aggregate mining operations or a proposed aggregate mining operation
in the district for which the committee is established. The initial members appointed to
the committee shall be deemed the primary members, and the board of supervisors shall
appoint no more than five alternate members who represent operators and shall appoint no
more than five alternate members who are private citizens. Alternate members may serve at
meetings of the committee when a primary member is unable to attend. An aggregate mining
operator may serve on more than one committee in the same county. The board of
supervisors shall determine the length of terms of members of the committee and shall
stagger the initial appointments so that not all members' terms expire at the same time.
Members of the committee who no longer qualify for membership as provided by this
subsection are subject to removal and replacement by the board of supervisors. The
committee shall elect a member who is an aggregate mining operator to serve as
chairperson for the first year in which the committee is created. For each year
thereafter, the chairperson shall be elected by the members of the committee with a
member who is a private citizen and a member who is an aggregate mining operator serving
as chairperson in alternate years. The committee is subject to the open meeting
requirements of title 38, chapter 3, article 3.1.
E. Within ninety days after an aggregate mining operations recommendation committee
is established, the committee shall notify all existing aggregate mining operators in the
district of the application of this section and title 27, chapter 3, article 6 to the
aggregate mining operation. In addition, the committee shall:
1. By a majority vote of all members make recommendations to the board of
supervisors for aggregate mining zoning districts and administrative regulations as
provided in this section. The board of supervisors may adopt or reject the
recommendations but may not make any modifications to the recommendations unless the
modification is approved by a majority of the members of the recommendation committee.
2. Serve as a forum for mediation of disputes between members of the public and
aggregate mining owners or operators. If the committee is unable to resolve a dispute,
the committee shall transmit the matter to the state mine inspector, with written
findings and recommendations, for further action.
3. Hear written complaints filed with the state mine inspector regarding alleged
material deviations from approved community notices for aggregate mining operations and
make written recommendations to the state mine inspector pursuant to section 27-446.
F. Any administrative regulations adopted by a board of supervisors pursuant to
this section are not effective until the regulations are approved by the state mine
inspector. The inspector may disapprove the administrative regulations adopted by the
board of supervisors only if they duplicate, conflict with or are more stringent than
applicable federal, state or local laws, rules or regulations. If the inspector
disapproves the administrative regulations, the inspector must provide written reasons
for the disapproval. The inspector shall not make any modification to the administrative
regulations as adopted by the board of supervisors unless the modification is approved by
a majority of the members of the board of supervisors.
G. A person or entity is subject to this chapter if the use or occupation of land
or improvements by the person or entity consists of or includes changing, remanufacturing
or treating human sewage or sludge for distribution or resale. These activities are not
exempt from this chapter under subsection A, paragraph 2 of this section.
H. A county shall not require as a condition for a permit or for any approval, or
otherwise cause, an owner or possessor of property to waive the right to continue an
existing nonconforming outdoor advertising use or structure without acquiring the use or
structure by purchase or condemnation and paying just compensation unless the county, at
its option, allows the use or structure to be relocated to a comparable site in the
county with the same or a similar zoning classification, or to another site in the county
acceptable to both the county and the owner of the use or structure, and the use or
structure is relocated to the other site. The county shall pay for relocating the outdoor
advertising use or structure including the cost of removing and constructing the new use
or structure that is at least the same size and height. This subsection does not apply to
county rezoning of property at the request of the property owner to a more intensive
zoning district.
I. For the purposes of this section:
1. "Aggregate" has the same meaning prescribed in section 27-441.
2. "Aggregate mining" has the same meaning prescribed in section 27-441.
3. "Aggregate mining operation" means property that is owned, operated or managed
by the same person for aggregate mining.
4. "Operators" means persons who are actively engaged in aggregate mining
operations within the zoning district or proposed zoning district and who have given
notice to the state mine inspector pursuant to section 27-303.
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