(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

The following are the general requirements for mineral extraction and excavation operations:

1. Property shall be rezoned through the County rezone process (section 17.02.030 of this title) prior to a Master Plan submittal except in the case of temporary operations as specified in this chapter.

(Ord. 2016-13, 8-23-2016, eff. 9-7-2016)

For a schedule of uses for the Mineral Extraction and Excavation Zone, refer to chapter 17.09, "Schedule Of Zoning Uses", of this title. All commercial mineral extraction or excavation projects and associated accessory uses shall be allowed with a conditional use permit issued to the owner and/or operator of the property in accordance with the procedures set forth in section 17.06.050 of this title.

(Ord. 2016-13, 8-23-2016, eff. 9-7-2016)

Site development standards for any mineral extraction or excavation operation shall conform to the base zoning district requirements as listed in section 17.10.040, table 17.10.040 of this title. In the instance of conflicting or multiple base zoning districts on a single parcel, the more restrictive zone shall be applied across the entire parcel. Base zoning districts may be combined with an overlay zoning district on all or a portion of a parcel to alter, restrict, or allow specific development regulations.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

All mineral extraction and excavation operations shall be classified as one of the following categories: (Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

1. Commercial operations must be a minimum of five (5) acres in size, and are operations that supply materials to the public on a continual, long term basis. All commercial mineral extraction and excavation operations shall file an operations and progress report with the Planning Commission every three (3) years. The report will summarize activities in fulfillment of the requirements for excavation and rehabilitation in compliance with the rehabilitation plan previously submitted to the Planning Commission. The conditional use permit shall remain in effect until such time that full reclamation has been made on the site. (Ord. 2014-03, 3-25-2014, eff. 4-9-2014; amd. Ord. 2016-13, 8-23-2016, eff. 9-7-2016)
2. Temporary mineral extraction and excavation operations and associated uses, which may include, but are not limited to, asphalt or concrete plants which are necessary to supply material for a specific project (i.e., road construction), or a minor extraction operation of less than five (5) acres. These operations shall be allowed within any zone of the County as a conditional use. These operations will have to operate under the same standards as a commercial operation; the termination of the specific project shall also terminate the conditional use permit and the use of the pit. Once the project is complete, the owner or operator shall begin closure and reclamation operations within six (6) months.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

All applications for a mineral extraction and excavation Master Plan shall be accompanied by the following materials:

1. A completed application form for a conditional use permit;
2. Evidence of ownership or control over the land and a legal description of the property where the extraction operation will be located;
3. A site plan showing the following:
   1. Dimensions of the excavation site and of the parcel;
   2. Locations of clearances, rights of way, easements, utility lines, existing watercourses and drainage;
   3. Property lines with names and parcel tax identification numbers of adjoining property owners;
   4. Proposed ingress and egress;
   5. A contour map based on the USGS 7.5 minute quadrangle and estimate of materials to be removed; and
   6. The location of the sand and gravel overlay area on the site.
4. Excavation operations plan that outlines the following:
   1. Traffic arrangements proposed on existing roads and streets adjoining the site;
   2. The location, arrangement and dimensions of loading and processing facilities; and
   3. On site control of surface and storm water drainage.
5. A reclamation plan addressing the following:
   1. Closure of the extraction operation stating the phasing, acreage and duration of the operation; and
   2. Financial guarantee for the rehabilitation and reclamation extraction operation.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

All mineral extraction and excavation operations shall comply with the following requirements:

1. Warning signs, fences, trees and berms may be required;
2. The operation shall obtain all necessary federal, state and local permits;
3. The hours of operation for an extraction operation shall be limited based on the following:
   1. Extraction operation may operate from six o'clock (6:00) A.M. until eight o'clock (8:00) P.M.;
   2. The operation of the crusher to be allowed only from seven o'clock (7:00) A.M. to five o'clock (5:00) P.M.;
   3. No operation shall occur within the extraction operation on the following holidays:
      1. Memorial Day;
      2. July 4 and 24;
      3. Labor Day;
      4. Thanksgiving;
      5. Christmas; and
      6. New Year's.
   4. The planning commission may allow for variation to the above hours and days of operation based on need and effect.
4. All activities shall be maintained and operated in such a way as to minimize light, fumes, dust, and smoke emissions.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

After the applicant has obtained approval of the mineral extraction and excavation master plan as described above, the approval shall be put in the form of a reclamation agreement negotiated by the county attorney and executed by the county executive pursuant subject to the direction of the planning commission. The agreement shall include the following: (Ord. 2014-03, 3-25-2014, eff. 4-9-2014; amd. Ord. 2016-13, 8-23-2016, eff. 9-7-2016)

1. A legal description of the land;
2. A copy of the conditional use permit;
3. A copy of the approved mineral extraction and excavation master plan;
4. All final grading and slope for reclamation of the extraction operation shall meet the requirements of appendix J of the currently adopted international building code;
5. A financial guarantee for the rehabilitation and reclamation;
6. Other specific requirements, rights and peculiarities pertinent to the project.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)

Compliance and enforcement under this chapter shall be subject to constitutional protections and state law regarding existing nonconforming uses. Requirements shall not be imposed that are unreasonable with respect to operations related to a nonconforming excavation that is legally proven to have occurred prior to the enactment of this chapter.

(Ord. 2016-13, 8-23-2016, eff. 9-7-2016)

1. Areas containing potential sand and gravel deposits have been identified and mapping is available when reviewing mineral extraction requests.

(Ord. 2014-03, 3-25-2014, eff. 4-9-2014)