1122.16   AM AGRICULTURAL AND MINERAL.
   (a)   Purpose.  The "AM" Agricultural and Mineral District is intended to permit agricultural and mining, extraction, storage, sales and processing of minerals as a matter of right where a property owner owns more than 500 contiguous acres of land, whether separated by a road or highway owned in fee or by easement by a governmental entity or not, is able to meet the criteria below and provides buffer areas by way of setbacks, mounding or screening from adjoining non-compatible uses on property not owned by the owner.
   (b)   Lot Development Standards
 
Table 1122-17: Lot Development Standards for the AM Agricultural and Mineral District
Lot Area Dimensions
Use
Standard
Lot Area
All
500 acres minimum
Lot Width
All
None
Setbacks
Principal
Front Yard
All
None
Side Yard
All
None unless abutting a Residential District, then 100 feet minimum
Rear Yard
All
None unless abutting a Residential District, then 100 feet minimum
Accessory
From Principal Structure
Not applicable
Front Yard
Not applicable
Side Yard
100 feet minimum
Rear Yard
100 feet minimum
Size
Not applicable
Coverage
Maximum Lot Coverage
All
Not applicable
Height
Principal Building
All
50 feet maximum or no higher than WPAFB Airport Zoning Regulation, whichever is less
1 additional foot of height may be added for each 3 feet of additional setback
Accessory Building
25 feet maximum or no taller than principal structure, whichever is less
   (c)   Accessory Uses. Accessory uses, structures, buildings, or facilities customarily incidental and subordinate to the principally permitted use, structure, building, or facility shall be as permitted on the same lot, subject to the standards of Chapter 1128: Supplemental and Accessory Regulations.
   (d)   Permitted Uses in the AM District
 
Agricultural
Agricultural
Agricultural Display Stand
Extraction of Minerals
Institutional/Public/Semi-Public
Essential Public Services and Utilities
Park, Playground
Public Recreation and Community Center
   (e)   Conditional Uses in the AM District
 
Institutional/Public/Semi-Public
Golf Course
Government Office Building
Public Works/Maintenance Facility
Wireless Telecommunications Antenna, Facility and/or Tower
Essential Public Services and Utilities
(Ord.  34-17.  Effective 12-7-17.)
   (f)    Lot Area, Height and Yard Requirement.
      (1)   Lot area, height and yard requirements for uses set out in Section 1131.02 shall be those requirements set out in Section 1131.05.
      (2)    The following requirements shall be observed for Mineral Extraction:
         A.   Maximum height: 50 feet, provided however, an additional one (1) foot in height shall be added to the maximum height for each additional three (3) feet of building setback the structure is setback from the property line.
         B.   Minimum lot area: 500 contiguous acres.
         C.   Side yard: 100 feet to an existing residentially zoned district.
         D.   No excavations shall be made within fifty (50) feet of the right of way of a public highway.
         E.   All significant additions to mineral processing plants and new mineral processing plants shall employ, as far as practical, the best available technology to minimize objectionable elements or conditions which may affect the adjacent properties not owned by the owner of the quarry. Operations of all equipment shall comply with industry standards. Buildings and structures designed and constructed exclusively for Mineral Extraction or processing for which no future use is contemplated and no other adopted uses are practical shall be demolished and removed within three years after all mining operations and/or processing is completed.
         F.   Screening. When the floor of a quarry is greater than five (5) feet below the average elevation of an adjacent public street or adjacent private property not owned by the owner of the quarry, the quarry property boundary adjacent to such street or property shall be completely enclosed by an earthen mound of not less than six (6) feet in height to provide visual and noise barrier from such activity or screened by an opaque fence of not less than six (6) feet in height or a combination.
         G.   Noise. Impulsive noise: when measured at any public street or private property line, the maximum instantaneous sound intensity resulting from any blasting shall not exceed 125 decibels when measured on a sound meter or at the maximum amount that is allowed by state or federal law, whichever is less. Sounds generated or emitted by government required safety devices (such as back up alarms) and sounds generated incidental to construction of barriers or mounds are exceptions from the sound limits.
         H.   Dust. All equipment used in quarrying and processing operations shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable, dust which would be a nuisance. Trucks shall not track excessive dust onto public rights-of-way. Any foreign material tracked on the public highway will be cleaned up by the owner/operator within a reasonable time. All roads and access ways located within the mineral extraction property shall comply with dust emission standards of the Ohio EPA.
         I.   Lateral Support. To ensure lateral support, all excavations shall be located at least 50 feet from all public rights-of-way or waters or 100 feet from adjacent property not owned by the owner of the quarry. When quarrying activities are completed, they shall be backfilled and reclaimed as required by the Ohio Department of Natural Resources.
         J.   Depth: Mineral Extraction to a depth not exceeding six feet may be conducted not closer than one hundred feet of any existing residential district, provided the operation is conducted over a temporary period not to exceed twelve (12) months and no blasting is used in the extraction process. Mineral extraction to a depth exceeding six (6) feet may be conducted not closer than 150 feet of any existing residentially occupied building not owned by the landowners. All other mineral extraction activities utilizing blasting may be conducted not closer than 250 feet from any existing occupied residential structure.
         K.   Blasting. Blasting is permitted within the district in accordance with all rules and regulations promulgated by the United States Department of Homeland Security, United States Bureau of Alcohol, Tobacco and Firearms, and Ohio Department of Transportation and the Ohio Department of Natural Resources related to the use, storage and transportation of explosive materials. The applicant/operator shall maintain complete records on all blasting operations and comply with all state and federal laws and regulations.
         L.   Notice of Mining and Mineral Extraction Activity. At least sixty (60) days prior to commencement of Mineral Extraction, the property owner will provide a Notice of Mining and Mineral Extraction Activity with the Zoning Administrator which contains the following:
            1.   The name and address of the operator.
            2.   The name and address of the property owner, surface owner, or mineral rights owner if different from the operator.
            3.   The types of materials or minerals to be extracted and the method for such extraction.
            4.   A statement as to the nature of the use of any public rights-of-way for the movement of materials to and from the quarry property.
            5.   A copy of the Ohio Department of Natural Resources application filed by the owner/operator requesting a new or continued surface mining permit with its attachments.
            6.   In the event the Zoning Administrator finds, upon review of the notice, that the Notice of Mining and Mineral Extraction Activity complies with the above, the use shall be approved and the Zoning Administrator shall issue a certificate of zoning compliance to the owner/operator within fourteen (14) days. Mineral extraction may commence in accordance with such approval.
            7.   In the event the Zoning Administrator (or in the absence or disability, the Development Services Director acting in the capacity as temporary or acting Zoning Administrator) finds, upon review of the Notice, that the Notice of Mining and Mineral Extraction Activity does not comply with the provisions above, the use shall be deemed disapproved and mineral extraction shall not begin on the property. In the event the use is disapproved by the administrative decision of the Zoning Administrator, the Zoning Administrator shall provide written notice to the applicant within three (3) days of the decision of the denial. Upon receipt of the denial, in whole or in part, the applicant shall have the right to appeal such disapproval to the Board of Zoning Appeals within thirty (30) days. The Board of Zoning Appeals shall review such Notice and decision in accordance with the rules of the board. Further appeal of the denial by the Board of Zoning Appeals may be taken by the owner to City Council, then to the Greene County Court of Common Pleas.
   (g)   Conflicts.
      (1)   To the extent the state or federal laws set standards on a specific subject, such standards control over conflicting sections of the chapter.
   (h)   Bond.
      (1)    The owner/applicant will provide the Zoning Administrator with a copy of the bond posted with the Ohio Department of Natural Resources in connection with its mining permit with the city named as an additional insured.
   
   (i)    Mineral Extraction.
      (1)    "Mineral Extraction" means the quarrying and extraction of minerals from the ground, and the storage, processing and sales of minerals, aggregates, sand, limestone, stone, gravel, clary, overburden, topsoil and other minerals; provided however, mineral extraction shall not include extraction of oil and gas.  (Ord.  21-19.  Passed 4-1-19.)