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§ 152.182 BOARD AUTHORIZATION.
   Any conversion which would result in one or more dwelling units containing less than 600 square feet of gross floor area shall be permitted only upon authorization by the Board in accordance with the provisions of §§ 152.235 through 152.244.
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80)
EXTRACTION OF MINERALS
§ 152.195 PROCEDURE; APPLICATION; HEARING.
   (A)   Any owner, lessee or other person, firm or corporation having an interest in mineral lands in any A District may file with the Board an application for authorization to mine minerals therefrom.
   (B)   An application for such operation shall set forth the following information:
      (1)   Name of the owner or owners of land from which removal is to be made;
      (2)   Name of the applicant making request for such a permit;
      (3)   Name of the person or corporation conducting the actual removal operation;
      (4)   Location, description and size of the area from which the removal is to be made;
      (5)   Location of processing plant used;
      (6)   Type of resources or materials to be removed;
      (7)   Proposed method of removal and whether or not blasting or other use of explosives will be required;
      (8)   Description of equipment to be used;
      (9)   Method of rehabilitation and reclamation of the mined area.
   (C)   Upon receipt of such application the Board shall set the matter for a public hearing in accordance with the provisions of §§152.235 through 152.244.
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80)
§ 152.196 MINIMUM STANDARDS.
   Structures and equipment, their use and operation shall comply with all requirements of the district in which said property is located, and with the following additional requirements:
   (A)   Distance from property lines. No quarrying operation shall be carried on or any stockpile placed closer than 50 feet to any property line, unless a greater distance is specified by the Board where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to 25 feet by written consent of the owner or owners of the abutting property.
   (B)   Distance from public right-of-way. In the event that the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.
   (C)   Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Board such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Board.
   (D)   Equipment. All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dustfree condition by surfacing or other treatment as may be specified by the City Engineer.
   (E)   Processing. The crushing, washing and refining or other similar processing may be authorized by the Board as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located, and shall not be located within 200 feet of any boundary of the site.
(Ord., passed - -79) Penalty, see § 152.999
§ 152.197 REHABILITATION.
   To guarantee the restoration, rehabilitation, and reclamation of mined-out areas, every applicant, granted a mining permit as herein provided shall furnish a performance bond running to the city, in an amount of not less than $1,000 and not more than $10,000, as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Board meet the following minimum requirements:
   (A)   Surface rehabilitation. All excavation shall be made either to a water-producing depth, such depth to be not less than five feet below water mark, or shall be graded or backfilled with non-noxious, noninflammable and noncombustible solids, to secure that the excavated area shall not collect and permit to remain therein stagnant water; or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof and to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
   (B)   Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as hereinabove provided.
   (C)   Banks of excavations not backfilled. The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical and said bank shall be seeded.
   (D)   Additional requirements. In addition to the foregoing the Board may impose such other conditions, requirements or limitations concerning the nature, extent of the use and operation of such mines, quarries or gravel pits as the Board may deem necessary for the protection of adjacent properties and the public interest. The said conditions and the amount of the performance bond shall be determined by the Board prior to issuance of the permit.
(Ord., passed - -79) Penalty, see § 152.999
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