(A) Generally.
(1) The following regulations shall pertain only to those mining and extracting operations initiated after the formal adoption of this chapter.
(2) All existing operations and contiguous lands owned or leased by the mining company for the purpose of mineral extraction shall not be subject to the conditions and requirements of this chapter. These areas need to be on file in the County Plan Commission office prior to the formal adoption of this chapter.
(3) Mineral extraction: nothing in this chapter shall prevent the use and alienation of mineral resources by the owner or alienee.
(4) No production shall be started until the Plan Commission has made a written determination with respect to the conditions under which such operation shall be conducted. The Plan Commission shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.
(B) Purpose. The purpose of this district is to provide land for the mining, excavation, processing and storing of mineral resources. This district is designed to ensure that these resources are properly managed and that all land which mineral extraction has occurred will be left in such condition, so as to not create a hazard or nuisance which either immediately or in the future affects the health, safety or general welfare of the community.
(C) Permitted uses. The plant area will be used for the following: the excavation, processing, storage, stockpiling, distribution and sale of the following:
(1) Stone;
(2) Gravel;
(3) Sand;
(3) Clay;
(5) Shale; and
(6) Other earth materials which exist in a solid state.
(D) Special exceptions. The following uses may be permitted when they are determined to be functionally beneficial to the extraction activity, appropriate to the location and environs, and not detrimental to adjoining lands:
(1) Concrete mixing plants;
(2) Manufacturing plants for portland cement;
(3) Mixing plants for asphaltic concrete; and
(4) Concrete block, pipe, beam, slab or panel plants.
(E) Development standards.
(1) Grading and slopes. In the properties final (reclamation) state the following grading and sloping standards shall apply.
(a) Where material is sand and gravel, a final slope shall not be steeper than one and one-half feet horizontal to one foot vertical.
(b) Unconsolidated materials other than sand and gravel shall not be sloped steeper than one and one-half foot horizontal to one foot vertical.
(c) In materials where vertical walls have a history of stability (such as limestone, dolomite, sandstone, shale and similar materials), no sloping shall be required if any overlaying unconsolidated materials are sloped as described in divisions (E)(1)(a) and (E)(1)(b) above and a horizontal shelf at least ten feet wide is present between the bottom of the slope and the top of the vertical wall.
(2) Fencing. If an open excavation greater than ten feet in depth exists, a substantial fence shall be maintained either on the property line or at least 200 feet outside the excavation. The fence shall be at least a six-wire, four-foot high fence, limiting access to the excavated area.
(3) Berming and screening. Earth berms must be constructed for the purpose of screening operations from the public. The height of the berm may be variable and will be supplemented with trees and shrubs.
(4) Blasting. Blasting shall be limited to Monday through Saturday, dawn to dusk.
(5) Ingress, egress and traffic safety. Plant areas shall have one primary access road and shall be constructed on a level with the pavement of any public street or highway for at least 80 feet. The 80 feet of road shall be improved with a concrete or asphalt surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the local highway authorities. Secondary access gates shall be kept closed except for passage.
(6) Off-street parking. Off-street parking shall be provided for all equipment and for cars of employees.
(7) Drainage. When the mineral extraction activity has been completed the property shall be well drained except for water impoundment and intended for wetlands. Erosion control will be implemented, storm water control will meet federal, state and county regulations.
(8) Setbacks. Extraction of the sought after mineral on leased or owned property shall not progress to a distance less than:
(a) One hundred feet from a property line, minor collector or lesser right-of-way (based on the County Thoroughfare Plan);
(b) Two hundred feet from an existing residential structure, not within a residential district, which existed before the mineral extraction operation, a major collector or greater road right-of-way (based on the County Thoroughfare Plan);
(c) Five hundred feet from an existing residential district which existed before the mineral extraction operation;
(d) One thousand feet from an existing public facility (buildings) which existed before the mineral extraction operation; and
(e) When improvements are considered on properties adjacent to a Mineral Extraction District, the setback for the adjacent use shall be increased to yield the same combined setback that would be required for an ME District to locate adjacent to a similar existing use.
(F) Rezoning. After the effective date of this chapter when rezoning to a Mineral Extraction District is sought, the following information shall be submitted to the Board:
(1) Maps of the site proposed for rezoning including the land within 1,000 feet in all directions and:
(a) Contour (U.S.G.S. seven and one-half degrees quadrangle maps recommended);
(b) Description of adjacent land use;
(c) Zoning classification of the proposed site and adjacent lands;
(d) Public right-of-way roads, railroad lines and easements;
(e) The area proposed for processing facilities and storage; and
(f) The proposed structures and their intended use.
(2) A description of the methods to be employed in the removal of overburden and the extraction of the sought after mineral;
(3) A description of potential post reclamation uses of the property; and
(4) All division (E) above.
(Ord. passed 7-20-1992; Ord. 2004-9-20, passed 9-20-2004)