The City of Foley has the power and authority to adopt and enforce the terms, conditions and regulations established in this Ordinance pursuant to its police powers to protect the public health, safety, morals and general public welfare.

(Ord. No. 25-2040, 11-3-25)

No mining or quarrying operations may be conducted within any residentially zoned district, any commercially zoned district, any Planned Unit Development, any Planned Development District, or the residential or commercial portions of any mixed-use district or development. Mining and quarrying operations may only occur in industrial districts or in the Agricultural/Open District, but even then only pursuant to the special regulations and restrictions contained herein, and only upon first receiving a Special Exception for the same.

(Ord. No. 25-2040, 11-3-25)

In addition to any other restrictions, mining and quarrying operations shall also adhere to the following special setbacks:

A.

Residential. No mining or quarrying operations shall be located within one thousand (1,000) feet of residentially zoned property or property being used for residential purposes, including all residential areas of planned unit developments, planned districts and mixed use districts.

B.

Waterway/Stormwater Detention or Retention Facilities. No mining or quarrying operations shall be located within one thousand (1,000) feet of any natural waterway or any engineered stormwater detention or retention facilities.

C.

Property Lines. No mining or quarrying operations shall be located within one hundred (100) feet of a property line.

D.

Public Road/Right-of-Way. No mining or quarrying operations shall be located within one hundred (100) feet of any public road or public right-of-way.

(Ord. No. 25-2040, 11-3-25)

Any mining or quarrying operations shall comply with the special exception procedures of this Ordinance. The applicant shall apply for and must first receive special exception approval from the Board prior to commencing operations. The Board of Adjustments and Appeals may, on a case-by-case basis, also require conditions of approval, including but not limited to: restricting days and hours of operation; requiring documentation regarding potential impacts on wells, groundwater, and surface water; and requiring that the mining and quarrying area be screened, and that a drainage plan be submitted and approved for the restoration of the site when mining and quarrying operations have been completed. Any special exception approval by the Board under this section shall not constitute approval of any item or matter that may require separate approval of any State or Federal body or agency.

(Ord. No. 25-2040, 11-3-25)