(A) Purpose. The purposes of the Industrial Mining (IM) Overlay Zone are to: permit mining, excavation or extraction operations of existing natural resources located within the rural areas of the county (designated with the non-urban service area on the
); permit the treatment, processing and manufacturing of such natural resources; and provide adequate regulation and control of such activity to ensure that it does not adversely impact the environment and/or surrounding uses, with the intention of furthering the public health, safety, and general welfare.
(B) General. An Industrial Mining (IM) Overlay Zone is a
of special interest (KRS 100.203(1)(e)) to the proper development of the county. In accordance with the recommendations of the
, this overlay
may be permitted to be superimposed over the Agricultural- One (A-1) Zone and HC Highway Commercial, only. Further, the IM Overlay Zone may not be superimposed on the
listed above unless all conditions and provisions of this section of the chapter are met, and a public hearing is held on the IM application.
(C) Application and processing. Application for an Industrial Mining Overlay Zone shall be processed in two stages, as follows:
(1) Stage I plan. Application for amendment to an IM Overlay Zone shall include a development plan, in accordance with the requirements of a Stage I plan established in division (I) of this section and the criteria established in division (D) of this section. The application shall then be processed as follows:
(a) The
shall hold a public hearing on the proposed application in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purpose of the IM Overlay Zone, the required elements of the Stage I plan established in division (I) of this section, the criteria for evaluation of an IM Overlay Zone in division (D) of this section, and other applicable requirements of this section. Upon holding such hearing, the
shall make one of the following recommendations to the legislative body: approval, approval with conditions, or disapproval. The
shall submit along with its recommendations a copy of the Stage I plan and the bases for its recommendations.
(b) 1. The legislative body shall, within 45 days after receiving the recommendations of the
, review said recommendation and take action to approve or disapprove said IM application. Such action may incorporate any conditions imposed by the
. However, should the legislative body take action to impose different conditions than were reviewed and considered by the
, then said conditions shall be resubmitted to the
for further review and recommendation in accordance with division (C)(1)(a) of this section. Approval of the IM Overlay Zone shall require that development be in conformance with the Stage I approved plan.
2. The legislative body shall forward a copy of the approved plan to the
for further processing in accordance with the requirements for Stage II plan.
3. Zoning map amendment. Upon approval of the IM Overlay Zone, the official zoning map shall be amended by adding the prefix "IM" to the existing underlying
(for example, IM-A-1) for the area as shown on the Stage I approved plan.
(2) Stage II plan. A Stage II plan shall be developed in conformance with the Stage I approved plan and in accordance with the requirements of division (J) of this section, and submitted to the
for its review and approval as follows:
(a) The
shall review the submitted Stage II plan with regard to its compliance with the required elements of division (J) of this section, the criteria in division (E) of this section, other applicable elements of this chapter, and other applicable regulations, and its conformity with the Stage I plan. The
, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan.
(b) Upon
approval of the Stage II plan, a copy of said plan shall be forwarded to the
who shall grant permits only in accordance with the Stage II approved plan and other regulations as may be required by this chapter.
(D) Criteria for evaluation of an IM Overlay Zone. The criteria established in this section are to be used as a basis in reviewing any application for amendment to an IM Overlay Zone. The criteria are as follows:
(1) A positive finding shall be made in regard to the following factors:
(a) The proposed application is in agreement with the planning unit's
.
(b) The area proposed for the IM Overlay Zone consists of a minimum size of 100 acres. However, development of a smaller tract adjacent to an existing IM Overlay Zone may be permitted if the proposed development conforms to and extends the original development.
(c) Sufficient research, testing, and other data to establish the actual existence of the natural resource for the property in question and that it is feasible to mine/extract said resource according to modern technical methods.
(2) Consideration shall also be given to the following factors:
(a) Compatibility of the proposed operation with the surrounding area. Compatibility shall be reviewed in terms of impact on the environment (such as, visual, noise, or air pollution, dust, and the like), the intensity of the use in relation to the general character of the surrounding area, and the ability to maximize compatibility and protect adjacent property owners by proposed design features (such as, provision of screening and/or earth berms, utilization of existing natural features, and the like).
(b) The proposed operation would not require the provision of urban services (for example, centralized water and sanitary sewers, and the like) in an area that is not planned for such services.
(c) The amount of traffic that would be generated by the proposed operation, including trucks, employees, and the like, which highways would be utilized, and the ability of the existing highway system to adequately handle said traffic. Where deficiencies exist, proposed traffic improvements that would correct such deficiencies may be considered. Also, utilization of other means of transportation, such as air, water, and rail, and its effect on the surrounding areas should be considered.
(E) Criteria for evaluation of a Stage II plan. The following criteria shall be used as a basis for reviewing a Stage II plan:
(1) The plan shall comply with the requirements of the Stage II plan and with other applicable sections of this chapter (for example, off- street parking requirements, industrial
, and the like).
(2) The location of all above-ground operations shall be a minimum of 200 feet from any property boundary of the IM Zone and 200 feet from any existing residence (an existing residence includes any
being occupied for ordinary living purposes; it does not include a residential
that has been permanently abandoned).
(3) Subsurface activities may not be permitted where they would endanger above- ground uses permitted in the underlying
, such as, residential or agricultural uses.
(4) Internal access roads should be located in accordance with the following:
(a) Access roads for trucks and/or employees (if the number of employees is substantial) should be via major
, to discourage the generation of large volumes of traffic on rural roads that are not designed for such purposes; and
(b) Access to potentially dangerous operations (for example, blasting, open excavated pit, and the like) should be designed to prevent access by the innocent and/or curious traveler.
(F)
. The following uses are permitted in the IM Overlay Zone, in accordance with an approved Stage II plan.
(1) Sand, gravel, rock, clay, shale, stone, and other mineral excavation, excluding coal, oil, gas, and other similar minerals that have potential fire or other safety hazards.
(2) Treatment, processing, and manufacturing of products from the raw natural resource permitted in division (F)(1) above, including washing and screening plants, cement and lime manufacturing, dryers, rock crushers, asphalt and/or concrete batching and mixing plants, warehousing operations and facilities necessary for rail and river barging operations.
(3) Fire and police stations.
(4) Any
in the underlying
.
(5) Transportation facilities developed in conjunction with another
in this overlay
, as listed below:
(a) Landing fields for light aircraft.
(b) Barge docking facilities.
(c) Rail facilities.
(d) Trucking terminals, related to exchange or distribution with other modes of transportation.
(G) Accessory uses.
and uses are permitted in conjunction with any permitted or
in this
(for example, maintenance shops, offices, power plants, cafeterias, and the like).
(H) Height,
, and setback regulations.
(1) Requirements as to height of
, size of
and setbacks, on the peripheral of the IM Zone and between various proposed uses and
shall be as approved in the Stage II plan, but in no event shall any above-ground operations be located closer than 200 feet from any property boundary of the IM Zone. In determining maximum height requirements, the
shall consider the type of operation and process proposed, and alternative methods of operation and processing that are available, to establish a reasonable requirement in each specific situation.
(2) In determining size of
and setback requirements, the
shall consider the distance necessary to ensure safety (such as adequate space for vehicular access, fire protection, and the like) and to minimize any adverse impacts on the environment.
(I) Stage I plan requirements. The Stage I plan shall include the following information:
(1) A map of the subject property, drawn to scale, indicating the extent of the property to be rezoned for the IM Overlay Zone. The scale of the map shall be at the largest scale reasonable, in light of the total amount of property involved, but in no case shall the scale be smaller than one inch equals 1,000 feet. (For example, a smaller scale would be 1 inch = 1200 feet; a larger scale would be 1 inch = 600 feet). Property to be rezoned may include property owned in fee simple or property for which mineral rights have been obtained.
(2) A statement identifying the types of mining to be conducted on the property. Said statement shall be supported by sufficient research indicating the actual existence of the natural resources and the feasibility to mine/extract said resource according to modern technical methods.
(3) The general identification of areas to be used for surface, and for subsurface mining including a statement, if applicable, of any conditions or contingencies which could affect a change in these general locations.
(4) The general location of all above- ground activities that exist and will be continued (such as, a single-family residence) or proposed activities (such as processing operations, transportation facilities, and the like), including approximate heights and location of proposed buildings and
.
(5) A statement indicating which modes of transportation will be used to provide access to the operations, and to ship/deliver incoming and outgoing goods and products.
(6) A statement as to the type and timing of reclamation programs that will be used in surface- mined areas.
(7) An indication of natural resource reserves and estimates as to the number of years the natural resource will last.
(J) Stage II plan requirements.
(1) The Stage II plan is the detailed plan which, when approved, authorizes the issuance of zoning and
. This plan may be submitted in phases, as development is to occur, or it may be submitted for the entire development at one time. The Stage II plan shall include the following information:
(a) A map of the entire property zoned IM, indicating which portions of the area are to be developed.
(b) Plans of the subject property drawn to a scale not smaller than one inch equals 100 feet that identify and provides the following information:
1. The specific location, and description of, all proposed surface mining areas and above-ground activities.
2. The location, height, arrangement, and identification of all buildings,
, and surface uses of land (including off- street parking and loading/unloading areas). The existing and proposed topography, shown by contour intervals not to exceed five feet, shall be included for these areas.
3. Location of
indicating their orientation, size, and height.
4. All existing utility lines and easements to be utilized by the proposed development and the location, line sizes, width of
of any proposed new lines or extensions.
5. Location and type of all transportation facilities including the location of all new streets, rail lines, aircraft landing fields, barge docking facilities or other facility. This information shall include grades, right-of-way, dimensions, type of surfacing, alignment, typical cross sections, and the like.
6. Provision for control of erosion, hillside slippage, and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
(c) A map of the subject property drawn to a scale not smaller than one inch equals 600 feet, indicating areas where subsurface mining will occur.
(L)
, walls, and
. The location, height, and type of all
, walls, and
shall be as approved in the plan.
(M) Erosion and sedimentation control. Effective erosion and sedimentation controls shall be planned and applied in accordance with § 154.042.
(N) Reclamation. All reclamation plans shall be subject to the regulations of the Department for Natural Resources and Environmental Protection, where applicable. In addition, plans for reclamation shall provide for the following:
(l) All earthen banks shall be left with a slope no greater than two feet horizontal to one foot vertical.
(2) The type and number per acre of trees, shrubs, ground cover, or legumes to be planted shall be approved by the
in consultation with the County Agricultural Extension Agent and according to the following guidelines:
(a) The objective in revegetation is to stabilize the area as quickly as possible after it has been disturbed. Plants that will give a quick, protective cover and enrich the soil shall be given priority. These plants should be considered only as a tool in obtaining productive land use and not the end result.
(b) Appropriate revegetation shall be seeded and/or planted as soon after grading as possible, provided that seeding and/or planting shall be performed in the proper season in accordance with accepted agricultural and reforestation practices.
(c) When planting is completed, the operator shall file a copy of the planting report with the
on a form to be furnished by the Division of Reclamation.
(d) The
, finding that some flexibility is required in the administration of regulations, where special conditions warrant, may provide for exceptions to the regulation, consistent with the requirements of the Division of Reclamation. All such exceptions shall be presented to the
for its approval or rejection.
(e) On all lands disturbed during the course of operation, the entire disturbed area shall be fertilized, seeded, and planted to legumes, perennial grasses, and trees, except as hereinafter provided.
1. Roads shall be seeded to legumes and perennial grasses only, no trees being required. This vegetative requirement for roads may be modified if, in the opinion of the
, the roadway will not contribute serious off-site damage to the public or to adjacent property owners.
2. On very stony areas that cannot be hand planted without difficulty, direct seeding of trees will be permitted by the
.
3. Shrubs for wildlife may be planted to include border plantings, clump planting and intervening strips, at a six-foot by six-foot spacing. These plantings shall not exceed 20% of the total area planted.
4. Where a seam or stratum of solid rock makes vegetation impractical, none shall be required.
(f) Inspection and evaluation for vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been established. In no instance shall this vegetative cover check be made until just prior to or after the completion of the first growing season.
(g) Annual grasses and small grains shall be considered only as a tool in establishing temporary vegetative cover for restoration. These types of annuals shall not be evaluated in the determination of vegetative cover.
(h) Standards for legumes and perennial grasses. There shall be established at least a 70% ground cover. Bare areas shall not exceed 1/4-acre (100 feet by 100 feet) in size nor total more than 30% of the area seeded.
(3) The location of all future public improvements shall be determined in consultation with the county engineer and the
.
(4) Restoration of areas shall begin as soon as possible and except for areas in constant use, within one year after they have been disturbed. All required restoration shall be completed within one year of final extraction.
(O) Pollution, blasting, and solid waste disposal. All operations permitted within the IM Overlay Zone must comply with the
for industrial
in § 154.205. In addition, all operations must comply with all regulations of each applicable division of the Kentucky Department for Natural Resources and Environmental Protection.
(P) Amendments. Any amendments to the Stage I plan, except for the minor adjustments which may be permitted by the
, shall be made in accordance with the procedure required by this chapter, subject to the same limitations and requirements as those under which such plan was originally approved.
(Q) Appeals.
(1) Any decision made by the
with respect to the Stage II plan that is considered a question of interpretation of the zoning code may be appealed, as an administrative review, to the
. Such appeal shall be taken within 60 days of the date of the decision.
(2) All other decisions made by the
, with respect to the Stage II plan or otherwise, shall be appealed to the county circuit court, in accordance with KRS 100.347.
(R) Establishment of
. In the event that an amendment to the zoning code, or a new zoning code, is subsequently adopted which would make any mining operations approved under this
a
, the scope and area of said mining operations shall be defined as the area and extent of operations approved in the Stage I plan.
(S) Noncompliance. Failure to comply with reclamation plans, solid waste disposal plans, other
, or other terms of the Stage II plan establishes the basis for the
and/or
to initiate a procedure to revoke existing permits and/or prevent the issuance of new permits until compliance is achieved. Said procedure shall be as follows:
(1) The
or
shall notify the property owner/developer of the activity that is not in compliance, including a general statement of what is necessary to bring the activity into compliance. The property owner/developer shall have ten days to respond to the notification and to indicate what steps he intends to take to bring the activity into compliance.
(2) If immediate compliance is achieved, or if the steps to achieve compliance are approved by the
(or
if it initiated this action), then no further action will be taken, provided the approved steps are complied with (if applicable).
(3) If compliance is not achieved in accordance with division (S)(2) of this section, then the
or
shall initiate a public hearing in accordance with the requirements of KRS Chapter 424, and written notice of the meeting shall be sent to the property owner/developer, by certified mail at least seven days prior to the hearing.
(4) At the public hearing, the property owner/developer shall have the opportunity to present his reasons for noncompliance. Based on the information presented, the
may modify the requirements that are being violated, or, the
may continue the effect of said requirements and revoke any existing permits or bar the issuance of any new permits, until compliance is achieved.
(T) Expiration. Any zoning map amendment to the IM Overlay Zone shall not be subject to expiration for failure to comply with reclamation plans, solid waste disposal plans, other
, or other terms of the Stage II plan.
(Ord. 0-11-82, passed 11-3-82; Am. Ord. O-13-04, passed 6-16-04) Penalty, see § 154.999