1143.13 COAL, CLAY AND OTHER MINERAL EXTRACTION, STORAGE AND PROCESSING.
The extraction and processing of minerals in an "M-2" District shall be conducted in accordance with the requirements of this section, and other sections of this Zoning Ordinance inconsistent with this section shall have no application to mineral extraction and processing in an "M-2" District.
(a) Existing Operations. The provisions of this section shall not apply to existing buildings, structures and areas utilized for the extraction and processing of minerals prior to the enactment of this Zoning Ordinance, except that the extension of any existing extraction operations shall not be conducted closer than 300 feet to any lot line in any "R", "B" or "M-1" District, and not closer than one hundred feet to any lot line in any "S" or "M-2" District, except that in no case shall extraction operations be conducted within 500 feet of a structure used for human occupancy. Owners of buildings, structures and excavations on tracts of land where no further extractions or processing is contemplated shall comply with the requirements of subsection (e) of this section.
(b) Extension of Existing or New Operations. The extension of any existing or new extraction operations shall not take place closer than fifty feet to the right of way of any public street or road.
(c) Control of Objectionable Elements. The owners and operators of existing and proposed extraction industries shall minimize the harmful effects on water supply, stream pollution and degrees of noise and vibration upon surrounding properties in accordance with the customary and accepted practices of the extraction industry.
(d) New Operations and Major Expansion of Existing Operations.
(1) The operator of a proposed extraction and processing operation in an area outside an established "M-2" District, or the operator of an existing extraction and processing operation where an expansion is contemplated beyond the established limits of an "M-2" District, shall submit to the Planning Commission for approval, copies of plans showing the proposed location and type of buildings or structures to be erected and the areas from which minerals are to be extracted. The plans shall show the type of restoration or re-use contemplated for the land upon completion of the extraction and processing operation.
(2) Proposed operations and major expansion of existing operations for the extraction and processing of minerals shall provide off-street parking and loading facilities sufficient to meet personnel and operating requirements at all times.
(3) Buildings and structures used for the processing of minerals shall be located at a minimum distance of 300 feet from any "S", "R" or "B" District. Mineral extraction operations shall not be conducted closer than 300 feet to any lot line in any "R", "B" or "M-1" District, and not closer than one hundred feet to any lot line in any "S" or "M-2" District, except that in no case shall extraction operations be conducted within 500 feet of a structure used for human occupancy. Owners of buildings, structures and excavations on tracts of land where no further extraction or processing is contemplated shall comply with the requirements of subsection (e) of this section.
(4) Where the proposed operations abut any "S-1", "R", "B" or "M-1" District, a landscaped intervening border of not less than fifty feet shall be provided and maintained in a satisfactory natural state. Such border shall be planted with trees or shrubs to provide an eventual screen. Portions of the border not planted with trees or shrubs shall be seeded.
(5) Border plantings. Along all right-of-way or property lines, prior to the beginning of any intended excavations, there shall be planted and maintained at least two staggered rows of evergreens of an approved species not more than eight feet apart in the row and not closer than five feet to the right-of-way or property line. In lieu of evergreens, such other suitable plantings may be made as may be agreeable to the Planning Commission.
(6) These screening requirements as listed in subsections (d)(4) and (5) of this section shall be considered minimum requirements and may be modified by the mutual agreement of the extractors, property owners and the Board of Zoning Appeals or, if along a right-of-way line, the Planning Commission. It is not intended that the extractors, at their option, and with the consent of the Board of Zoning Appeals, may not level the whole area for farming, reforestation or, if the occasion arises, for a sanitary landfill in presently extracted areas.
(7) Upon determination by the Planning Commission that proposed buildings and structures and the extraction and processing of minerals as shown on the submitted plans conform to the requirements of this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit the plans and the application for a zone change, together with its report and recommendations, to Council, which shall hold a public hearing on both the proposal as shown by the plans and the application for any required change in zoning.
(8) Following the public hearing, Council may require modifications in the plans, consistent with the intent and meaning of this Zoning Ordinance and may approve any required rezoning of property to an "M-2" classification.
(e) Abandoned Buildings, Structures and Excavations. Buildings and structures for which no further use is contemplated in the extraction and processing of minerals, and for which no other acceptable use is practicable or feasible, shall be demolished and removed. Excavated areas shall be regraded to remove abrupt and precipitous slopes and quarry banks and planted with appropriate plant material. Where such grading is impracticable because of rock formations, the excavated area shall be enclosed by a six-foot fence which shall be maintained in good condition.
(f) Proposed Location of Allied Industries. The operator of a proposed industry which uses the products of the mineral extraction and processing industry in its manufacturing process, and therefore desires to locate in an "M-2" District adjacent to an existing processing plant in order to have direct delivery from such processing plant by conveyor belts or otherwise, shall submit a plan of the proposed development to the Board of Zoning Appeals for approval.
(Ord. 40-63. Passed 12-12-63.)