Within the EX-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Farming, truck gardening, raising of livestock, and nurseries;
(2) Public or private utilities, buildings, and appurtenances;
(3) Industrial operations involving the extraction of rock, gravel, sand, and soil from the earth, and subsequent processing, including crushing these products; and
(4) Level 1 solar energy systems (see definitions for requirements).
(B) Conditional uses. The following uses may be permitted subject to the Town Commissioners issuing a conditional use permit in accordance with § 154.053:
(1) Level 2 solar energy systems (see definitions for requirements); and
(2) Level 3 solar energy systems (see definitions for requirements).
(C) Required yards.
(1) In no case shall any structure, storage area, truck loading, or appurtenance be located within 50 feet of the operator’s property line; and
(2) No excavation or processing shall be conducted within 100 feet of the operator’s property line.
(D) Required fencing. The quarry area being excavated shall be entirely enclosed within a fence, referred to in the trade as a non-climbable fence. The fence shall be minimum of six feet in height, of a wire mesh, rectangular shape, the size of such rectangle not to exceed two inches by four inches and is to be located a minimum of ten feet back from the edge of the excavated area.
(E) Required lot area, lot widths, and yards. No building or structure shall exceed 100 feet in height.
(G) Off-street loading and unloading. Off-street loading and unloading space shall be provided for all uses as required by § 154.048.
(I) Access. An access road shall be maintained for any use permitted in division (C) above from the property in a dust-free condition, until such time as the maintenance of the access road is assumed by the State Highway Commission.
(J) Operative requirements.
(1) Records shall be made and maintained of all blasting or explosive activity taking place on the site. The records shall be in sufficient detail and completeness to enable technically qualified experts to determine that safe and non-objectionable maximum limits are not being exceeded. In no case, however, shall the ground motion, measured in the home or business establishment of the nearest neighbor, exceed the movement as
hereinafter shown.
Frequency of Ground Motion in Cycles per Second | Maximum Amplitude of Ground Motion in Inches |
up to 10 | not more than 0.0305 |
20 | 0.0153 |
30 | 0.0102 |
40 | 0.0076 |
50 | 0.0061 |
60 | 0.0051 |
(2) Operators shall take such reasonable measures as are necessary to minimize the creation and emission of noise, dust, vibration, glare, and odor from their extractive industry operations.
(K) Abandonment of site. Upon the permanent abandonment of all extractive activity upon site, the Board shall consider rezoning it to its best and most desirable use, taking into consideration the then existing use and zoning of surrounding properties.
(Prior Code, § 9-4041) (Ord. passed 4-27-1970)