(A) Resource extraction. Resource extraction, where permitted, is subject to the following additional requirements.
(1) Erosion control. A resource extraction use may not increase the amount of storm runoff onto adjacent properties. Erosion control facilities, including retention or detention and sediment basins, are required of each facility if necessary to meet this standard.
(2) Ponding of water. The site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Planning Commission and the Lower Loup Natural Resources District.
(3) Storage of topsoil. Topsoil shall be collected and stored for redistribution at the site where mining took place following the end of the operation, except where ponding is approved.
(4) Elimination of hazards. Excavation shall not result in a hazard to any person or property. The following measures are required:
(a) Restoration of slopes to a gradient not exceeding 33% as soon as possible;
(b) Installation of perimeter safety fencing of at least six feet in height; when located within 300 feet of any residential or public use district. Acceptable fencing types include chain link, wood, metal or vinyl with no opening which would allow a four-inch sphere to pass through; and
(c) Installation of visual screening adjacent to any property within a residential or public use district. If fencing required in (A)(2) above is solid, it may be used to fulfill this requirement.
(5) Restoration of landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion.
(6) Topographic and site plan. Submittal must include a proposed topographic plan and, if applicable, a subdivision layout of the completed project.
(B) Salvage services; screening. The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing, or screen walls. Minimum height of this enclosure shall be ten feet. Any such enclosure shall be constructed behind required landscaped bufferyards. Each existing salvage services facility shall be screened as provided above within one year of the effective date of this chapter.
Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall. No salvage services use may be established within 300 feet of the nearest property line of a residential or public use zoning district.
(C) Development within county designated industrial areas.
(1) Review. All applications for industrial areas proposed for designation by the county under Neb. Rev. Stat. §§ 13-1111 through 13-1121 shall be referred by the city to the Planning Commission for review and recommendations. Following Planning Commission action, the City Council shall act on the request.
(2) Agreement. Any agreement between the city and the county involving approval of such a designation may include, but not be limited to, the following conditions:
(a) The proposed industrial area designation is consistent with the principles and objectives of the Comprehensive Plan;
(b) The city reserves the right to request and receive an annual report from any owner or renter of property within the designated industrial area, accurately indicating the current and proposed use of any land, buildings or facilities within the area. The annual report may be requested in January of each year is due on or before March 1 of that year. Failure to submit an acceptable annual report within this schedule shall result in revocation of occupancy permits and zoning privileges granted by the city;
(c) Any newly created industrial area shall be designated for a period not to exceed ten years. The City Council, after recommendation by the Planning Commission, may extend this term in two-year increments, up to a maximum term of 20 years; and
(d) These provisions do not apply to industrial areas designated before December 5, 1983. However, the city may request the County Board to review existing industrial areas within the city’s jurisdiction from time to time.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999