(A) No extraction activity may occur within 1,000 feet of any dwelling and within 50 feet of any adjacent property line, road right-of-way or public utility except by adoption of specific conditions (see division (B)). Screeners or other processing equipment must be specified in the application and must be specifically approved. If approved, such equipment may not be located closer than 1,000 feet from a dwelling nor closer than 100 feet from any adjacent property line, road right-of-way or public utility. Setbacks from existing dwellings shall take precedence over setbacks for road right-of-way, adjacent property line and public utility. If the processing equipment is placed within an enclosed structure, the Planning Commission may consider shorter setback distances. Grading plans affecting pipelines or power line corridors will be evaluated on a case-by-case basis. The city may waive setback requirements when the common boundary is not within 1,000 feet of a residence, and both property owners have agreed to a common reclamation plan and have a written agreement with the city establishing responsibility for reclamation.
(B) Notwithstanding the setback requirements set forth above, at the time of permit review and issuance, the city may impose lesser setback requirements if the Planning Commission finds the following:
(1) Practical difficulties exist in complying with the setback requirements set forth above; and
(2) The protections afforded surrounding lands are not significantly lessened by the reduced setbacks when taking into account the following:
(a) The scope and size of the natural resource extraction;
(b) The time of day and duration that the extraction will occur in proximity to surrounding lands;
(c) Reduced operating hours, limitations on consecutive days, or restricted seasons of operation or additional berming, screening, special fencing, type of equipment used, or other measures can be imposed to ameliorate the impact of mining in closer proximity to the surrounding lands than would be allowed by the setbacks stated above;
(d) The lesser setbacks are reasonable in light of all circumstances; and
(e) There is a substantial volume of minerals or the nature of the materials varies in the more restrictive setback areas and it is reasonable to extract the substantial volume of natural resource in the more restrictive setback areas in light of the relatively small volume of natural resource that can be extracted on the remainder of the subject property.
(C) If the city receives a request for lessened setbacks, then consideration of such request shall be referred to the Planning Commission for a recommendation unless such consideration was approved as part of the initial review.
(Ord. 508, passed 9-12-16)