CHAPTER 1169

Extraction of Minerals

1169.01 General requirements.
1169.02 Financial ability of applicant.
1169.03 Application; contents and procedure.
1169.04 Rehabilitation.

CROSS REFERENCES

Surface and grades - see S.U. & P.S. Ch. 907
Mineral defined - see P. & Z. 1101.04(61)
R-1 Residence District - see P. & Z. Ch. 1117
M Manufacturing District - see P. & Z. Ch. 1141
Board of Zoning Appeals - see P. & Z. Ch. 1193


1169.01 GENERAL REQUIREMENTS.
Any person having an interest in mineral lands in any R-1 or M District may file with the Board of Zoning Appeals an application for authorization to mine minerals therefrom. However, he shall comply with all requirements of the District in which such property is located and with the following additional requirements:

(a) Distance from Property Lines. No quarrying operation shall be carried on or any stock pile placed closer than fifty feet to any property line, unless a greater distance is specified by the Board where such is deemed necessary for the protection of adjacent property. However, this distance requirement may be reduced to twenty-five feet by written consent of the owner of the abutting property.

(b) Distance from Public Right of Way. In the event that the site of the mining or quarrying operation is adjacent to the right of way of any public street or road, no part of such operation shall take place closer than twenty-five feet to the nearest line of such right of way.

(c) Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board, such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Board.

(d) Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the City Engineer.

(e) Processing. The crushing, washing and refining or other similar processing may be authorized by the Board as an accessory use. However, such accessory processing shall not be in conflict with the use regulations of the District in which the operation is located.
(Ord. 196. Passed 11-21-63.)


1169.02 FINANCIAL ABILITY OF APPLICANT.
In accepting such plan for review, the Board of Zoning Appeals must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications.
(Ord. 196. Passed 11-21-63.)


1169.03 APPLICATION; CONTENTS AND PROCEDURE.
An application for such operation shall set forth the following information:

(a) The name of the owner or owners of land from which removal is to be made;

(b) The name of the applicant making request for such a permit;

(c) The name of the person or corporation conducting the actual removal operation;

(d) The location, description and size of the area from which the removal is to be made;

(e) The location of the processing plant used;

(f) The type of resources or materials to be removed;

(g) The proposed method of removal and whether or not blasting or other use of explosives will be required;

(h) A description of the equipment to be used; and

(i) The method of rehabilitation and reclamation of the mined area.


Upon receipt of such application, the Board of Zoning Appeals shall set the matter for a public hearing in accordance with the provisions of
Chapter 1193.
(Ord. 196. Passed 11-21-63.)


1169.04 REHABILITATION.
To guarantee the restoration, rehabilitation and reclamation of mined-out areas, every applicant granted a mining permit as herein provided shall furnish a performance bond running to the City, in an amount of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall, within a reasonable time and to the satisfaction of the Board of Zoning Appeals, meet the following minimum requirements:

(a) Surface Rehabilitation. All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, noninflammable and noncombustible solids to secure:

(1) That the excavated area shall not collect stagnant water; or

(2) That the surface of such area, which is not permanently submerged, is graded or backfilled as necessary so as to reduce the peaks and depressions thereof in order to produce a gently running surface that will minimize erosion due to rainfall, and which will be in substantial conformity to the adjoining land area.

(b) Vegetation Restoration. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of such mining area where such area is not to be submerged under water as hereinabove provided.

(c) Banks of Excavations Not Backfilled. The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical, and such bank shall be seeded.

(d) Additional Requirements. In addition to the foregoing, the Board may impose such other conditions, requirements or limitations concerning the nature or extent of the use and operation of such mines, quarries or gravel pits as the Board may deem necessary for the protection of adjacent properties and the public interest. Such conditions and the amount of the performance bond shall be determined by the Board prior to issuance of the permit.
(Ord. 196. Passed 11-21-63.)


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