§ 10-112. Waivers.

The setback requirements contained in this division may be reduced or eliminated in the following manner:

(a)

Where the owners of the land immediately adjacent to the mining area have expressly consented to a reduction of the applicable setback as evidenced by a recordable instrument executed with the formality of a deed and the applicant submits documentation which demonstrates that the public health, safety, and welfare will not be adversely affected. In that case, the board may approve the waiver of the setback requirement at a regularly scheduled public meeting and the applicant shall record the instrument described at its expense.

(b)

The board may, in its discretion, grant a waiver from the setback requirements upon a showing by the applicant that the public health, safety and welfare will not be adversely affected, notwithstanding the lack of consent of the affected property owners, provided the waiver is granted at a noticed public meeting, of which the affected property owners will be given full opportunity to comment on the requested waiver. Criteria to be considered by the board, in connection with a requested waiver will include, but not be limited to, the effects of noise, dust, vibrations, light and other mining related impacts on the affected property.

(Ord. No. 88-19, § 4-7, 9-20-88)