For the purpose of the Zoning Code, the following definitions shall apply:

(a)

Excavation means the digging, stripping or removal by mechanical process from their normal location of natural earth materials, including rock, stone, minerals, shell, sand, clay, marl, muck and soil, creating a hole, including borrow pits and those holes existing prior to August 14, 1973. The excavation may not include any type of processing, manufacturing or other activity that converts the natural materials into a product, unless the activity is a permitted use in the district or is specifically approved by exception.

(b)

Borrow pit means an excavation in the earth from which natural earth materials are removed for use off-site and a hole or pit is thereby created which has a depth greater than 15 feet as measured from the mean elevation of the uppermost rim of the excavation. An operation where earth materials are moved from one location to another on the same site shall not be construed to be a borrow pit usage even though a permanent pit may remain.

(c)

A lake or pond means an excavation in the earth from which natural materials are removed for use elsewhere and a hole or pit is thereby created which has a depth of 15 feet or less as measured from the mean elevation of the uppermost rim of the excavation and which is designed for and actually used for:

(1)

Boating, swimming, fishing, educational or other recreational purposes, or

(2)

The watering of livestock, commercial production of fish or other bona fide agricultural activity.

(d)

Mining means the process or business of extracting ore, minerals or materials from the earth.

(e)

Minerals means all solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soils or waters of the State.

(Ord. 91-59-148, § 1)

The provisions of this Part shall not be applicable to:

(a)

Roadbeds, drainage ditches, boat slips, canals or excavations on public rights-of-way.

(b)

Excavations which are incidental to a construction project on the same site upon which there is a valid permit issued by the City or are designed, sized and shored as a basin to accommodate storm water retention required by the City or State agencies as a condition of the approval of the construction project.

(c)

Small lily ponds, goldfish ponds, small decorative pools, and golf course water hazards.

(Ord. 91-59-148, § 1)

Excavations shall be located so that:

(a)

The minimum distance from land under different ownership or a public right-of-way shall be 25 feet or the depth of the excavation, whichever is greater.

(b)

If an excavation is located in wetlands within the regulatory jurisdiction of a regional, State or federal agency, appropriate permits in such excavation shall be obtained from affected agency prior to actual commencement of such excavation.

(Ord. 91-59-148, § 1)

A manmade lake or pond, if not already a permitted use in a specific zoning district or covered by the exclusions of Section 656.902, shall be a permissible use by exception in all zoning districts. The following requirements shall apply to excavations for a lake or pond:

(a)

The excavation shall not have a surface area, as measured on the horizontal plane bounded by the uppermost rim, exceeding 25 percent of the land area of the lands under common ownership of which it is a part;

(b)

The excavation shall not exceed a depth of 15 feet;

(c)

The excavation shall be sloped at not greater than 15 degrees (1:4 slope); and

(d)

The excavation shall be subject to the prior review and approval of the Public Works Department, which may require the approval of other interested agencies.

(Ord. 91-59-148, § 1; Ord. 94-906-653, § 1)

The following requirements shall apply to excavations for a borrow pit:

(a)

The provisions of Section 656.906 shall apply to an excavation or borrow pit usage;

(b)

An excavation or borrow pit shall be excavated in a manner that the sides of the excavation or pit shall slope at not greater than 25 degrees (1:2 slope) from the surrounding ground surface, throughout the excavated area, and where the borrow pit will be filled with water, it shall then slope not greater than 15 degrees (1:4 slope) from the water's edge to a depth of eight feet and not greater than 25 degrees (1:2 slope) thereafter;

(c)

In no event shall an excavation or borrow pit exceed the maximum depth fixed by the final order approving a zoning exception for the excavation;

(d)

The excavation may not include any type of processing, manufacturing or other activity that converts the natural earth materials into a product unless the activity is a permitted use in the district or is specifically approved by a final order approving a zoning exception.

(Ord. 91-59-148, § 1)

Prior to excavation, the owner or lessee of land containing excavations or a borrow pit shall construct and maintain substantial fences with locking gates not less than six feet in height at all points of access to the excavations or borrow pit with durable warning signs posted thereon not more than 200 feet apart bearing the words DANGER and NO TRESPASSING in letters not less than six inches in height, which shall be maintained by the owner or lessee so as to be clearly legible. All borrow pits existing prior to the effective date of this Chapter shall be completely surrounded and enclosed by the fences and gates described in this Section unless and until the borrow pits comply with the requirements for sloping contained in Section 656.905.

(Ord. 91-59-148, § 1)

The placing of natural earth materials upon a site shall not be considered to be a use of the land regulated by the Zoning Code. This Section shall not be construed to supersede regulations pertaining to the filling of submerged land, the interruption of natural drainage systems or another requirement of law that may be applicable to the earth-fill operation.

(Ord. 91-59-148, § 1)

The following requirements shall apply to mineral resource extraction:

(a)

All applications for zoning exception for mineral resource extraction shall be jointly reviewed by the Department and the Neighborhoods Department. The review shall include an evaluation of the project to determine whether such project will have adverse environmental and/or land use impacts.

(b)

All applications for zoning exception for mineral resource extraction shall contain a reclamation program which requires the reestablishment of the form and function of an appropriate land cover. A zoning application for mineral resource extraction shall also include provision for implementation of the reclamation program.

(Ord. 91-59-148, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)