(A) Purpose. The I-4, Temporary Industrial Zone/Extraction Site District, is intended to provide a district which will allow for industrial mining activities, which because of their nature, would not conform in the I-1 Planned Industrial District, I-2 General Industrial District or I-3 Planned Industrial District.
(B) Applicability. The I-4, Temporary Industrial Zone/Extraction Site District can only be created temporarily from an R-A, Agricultural-Residence District. After an agreed upon duration, not to exceed five years, the I-4 Temporary Industrial Zone/ Extraction Site District must be converted to an R-1, One- Family Residence District, an R-2, One- and Two-Family Residence District, an R-3, Multi-Family Residence District, an R-4, Multi-Family Residence District or an R-5, Multi-Family District.
(C) Permitted Uses. Within an I-4, Temporary Industrial Zone/Extraction Site District, there shall be no other permitted uses.
(D) Uses by conditional use permit. Within an I-4, Temporary Industrial Zone/Extraction Site District, no building or land shall be used for one or more of the following uses, except by conditional use permit: any mining activities and related operations.
(E) Permitted accessory uses. Within an I-4, Temporary Industrial Zone/Extraction Site District, the following uses are permitted accessory uses: employee and site equipment parking.
(F) Height, yard and lot average regulations. Any regulations in an I-2, General Industrial District, shall apply to an I-4, Temporary Industrial Zone/Extraction Site District.
(G) Performance standards. The following performance standards shall apply to all mining activities and similar operations approved after the effective date of this chapter.
(1) General provisions. All equipment used for mining activities and related operations shall be constructed, maintained and operated in a manner as to minimize, as far as practical, noise, dust and vibrations adversely affecting the surrounding property. Additionally, the excavation shall be properly gated and fenced.
(2) Water resources. The mining activities and related operations shall be conducted in such a manner as to minimize interference with the surface water drainage outside the boundaries of the mining activities.
(3) Safety fencing. Safety fencing may be required around all or portions of the mining activities and related operations at the discretion of the Planning Commission. Any mining activities or related operations adjacent to a residential zone, or within 300 feet of four or more residential structures, shall adhere to the following standards.
(a) Where collections of water occur that are one and one-half feet or more in depth exist for any period of greater than seven consecutive days and occupy an area of 700 square feet or more, all access to such collections of water shall be barred by a fence or similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet. In locations where slopes occur that are steeper than one foot vertical to three feet horizontal existing for a period of seven days or more, access to such slopes shall be barred by a fence or some similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet.
(b) As an alternative to the fencing requirements of the above section, the entire perimeter of the property on which a mining activity or related operation is located may be fenced or protected by some other similarly effective barrier of at least four feet in height with support posts spaced no farther apart than ten feet.
(4) Hours of operation. All hours of operation shall be set in the conditional use permit.
(H) Land reclamation. All mining operation sites shall be reclaimed immediately after mining activities cease or upon expiration of the conditional use permit. Reclamation shall be completed within one year. The following standards shall apply.
(1) Within a period of three months after final termination of a mining activity or within three months after abandonment of the operation for a period of six months, or within three months after expiration of the conditional use permit for industrial mining activities, all buildings, structures and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator last operating the buildings, structures and plants.
(2) The peaks and depressions of the mined area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding. Finished slopes shall be stabilized to minimize erosion due to rainfall.
(3) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining activities cease.
(4) A performance surety, payable to the city, shall be provided. The permit shall specify the amount and type of surety required. The surety shall be used to reimburse the city for any moneys, labors and/or materials expended to bring the operation into compliance with the conditions of the permit or ordinance requirements. The surety may be used after expiration or revocation of the conditional use permit and failure to execute a phase of a restoration plan specifically scheduled in the permit or ordinance.
(2002 Code, § 7.32) (Ord. 17, Seventh Series, effective 7-6-2015)