The purpose of this section is to protect the operation of the Iron Mountain Quarry from adverse impacts of nearby development and to protect development within the area from adverse impacts from quarry operations, while recognizing that some impacts upon each use are unavoidable. It is also the intent of this section to implement the Comprehensive Plan as it relates to the Iron Mountain Rock Quarry.

An Iron Mountain Impact Area Overlay Zone is hereby established and applied to any area within the city limits that is within the impact area as defined in the city's Comprehensive Plan. All restrictions and criteria established by this section shall be complied with prior to the issuance of any building permit within the overlay zone. The Iron Mountain Impact Area shall be designated on the official Zoning Map with the symbol "(IMIA)" beside the symbol for the underlying zoning district.

The following uses are permitted subject to the criteria and standards of the underlying zone and the criteria and standards contained in Section 14.28.140 of this code:

A.

Forest Services.

B.

Building Construction - General Contractors and Operative Builders.

C.

Construction Other than Building Contractors - General Contractors.

D.

Construction - Special Trade Contractors.

E.

Manufacturing of Apparel and Other Finished Products Made from Fabrics and Similar Materials.

F.

Manufacturing of Furniture and Fixtures.

G.

Printing, Publishing, and Allied Industries.

H.

Local and Suburban Transit and Interurban Highway Passenger Transportation.

I.

Motor Freight Transportation and Warehousing.

J.

U.S. Postal Service.

K.

Transportation by Air.

L.

Transportation Services.

M.

Wholesale Trade—Durable Goods.

N.

Wholesale Trade—Nondurable Goods.

O.

Automotive Repair, Services, and Garages.

P.

Miscellaneous Repair Services.

Q.

Bowling Alleys and Billiard and Pool Establishments.

(Ordinance No. 1691, November 5, 1993; Ordinance No. 1775, September 2, 1997)

The following uses are permitted subject to the criteria and standards of the underlying zone, the criteria and standards contained in Section 14.28.140 of this code, and the issuance of a conditional use permit in accordance with the provisions of Chapter 14.34, Conditional Uses, and Chapter 14.52, Procedural Requirements.

A.

Manufacturing of Beverages.

B.

Miscellaneous Manufacturing Industries.

C.

Building Materials, Hardware, Garden Supplies, and Mobile Home Dealers.

D.

Eating and Drinking Places.

E.

Dance Halls, Studios, and Schools.

F.

Commercial Sports.

G.

Miscellaneous Amusement and Recreation Services.

H.

Tobacco Manufacturing.

I.

Manufacturing of Wood Containers.

J.

Miscellaneous Services.

K.

Leather and Leather Products.

L.

Manufacturing of Fabricated Metal Products (Except Machinery and Transportation Equipment).

M.

Manufacturing of Machinery (Except Electrical).

N.

Manufacturing of Electric and Electronic Machinery, Equipment, and Supplies.

O.

Manufacturing of Transportation Equipment.

P.

Pipe Lines (Except Natural Gas).

Q.

Electric, Gas, and Sanitary Services.

Other uses not listed in Section 14.28.030 and 14.28.040 of this code are prohibited.

The following uses are allowed subject to the criteria and standards of the underlying zone and the criteria and standards contained in Section 14.28.140 of this code:

A.

Single-Family Dwellings.

B.

Manufactured Homes.

C.

Two-Family Dwellings.

D.

Townhomes.

E.

Cottage Clusters.

F.

Multi-Family.

G.

Manufactured Dwelling Parks.

H.

Child Care Facilities.

I.

Uses Related to Federal or State Subsidized Low Income Housing Projects, Including, but not limited to, Head Start, Tenants Associations, and the like.

J.

Accessory Uses and Structures pursuant to Section 14.16.

(Ordinance No. 1775, September 2, 1997; Ordinance No. 1989, January 1, 2010; Ordinance No. 2182, May 17, 2021)

The following uses are prohibited in the Iron Mountain Impact Area:

A.

Hospitals.

B.

Schools, Libraries, Colleges, Churches, Clubs, Lodge Halls, and Museums.

C.

Motels, Hotels, and Time-Share Projects.

D.

Bed and Breakfast Facilities.

E.

Single Room Occupancies.

F.

Golf Courses.

G.

Recreational Vehicle Parks.

H.

Hostels.

I.

Any other use not listed in the permitted list contained in Section 14.28.060 of this Code.

(Ordinance No. 1775, September 2, 1997; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

(Ordinance No. 1878, October 19, 2004)

The following land use categories authorized by the I-2 zoning in Section 14.03.070 (Commercial and Industrial Uses) either as uses permitted outright or conditionally may be allowed within the impact area subject to the underlying zone requirements and any applicable standard of Section 14.28.140 (Iron Mountain Impact Area Development Requirements), excluding the noise standards for residential development provided in Section 14.28.140(D):

A.

Retail Sales and Service (sales-oriented, general, and bulk);

B.

Retail Sales and Service (repair-oriented);

C.

Vehicle Repair;

D.

Self-Service Storage;

E.

Parking Facility;

F.

Contractors and Industrial Service;

G.

Manufacturing and Production (light and heavy);

H.

Warehouse, Freight Movement, and Distribution;

I.

Wholesale Sales;

J.

Waste and Recycling Related;

K.

Basic Utilities and Roads;

L.

Utility, Road, and Transit Corridors;

M.

Community Service (post offices only);

N.

Mining;

O.

Communication Facilities.

The following land use categories authorized by the I-2 zoning in Section 14.03.070 (Commercial and Industrial Uses) either as uses permitted outright or conditionally may be allowed within the impact area subject to the underlying zone requirements and any applicable standard of Section 14.28.140 (Iron Mountain Impact Area Development Requirements), including the noise standards for residential development provided in Section 14.28.140(D):

A.

Office;

B.

Retail Sales and Service (Personal Services);

C.

Retail Sales and Service (Entertainment);

D.

Child Care Center;

E.

Educational Institutions (Trade/Vocational Only).

(Ordinance No. 2194, May 16, 2022)

The following land use categories authorized by the I-2 zoning in Section 14.03.070 (Commercial and Industrial Uses) either as uses permitted outright or conditionally may be allowed within the impact area subject to the underlying zone requirements and any applicable standard of Section 14.28.140 (Iron Mountain Impact Area Development Requirements), excluding the noise standards for residential development provided in Section 14.28.140(D):

A.

Retail Sales and Service (sales-oriented, general, and bulk);

B.

Parking Facility;

C.

Contractors and Industrial Service;

D.

Manufacturing and Production (light and heavy);

E.

Warehouse, Freight Movement, and Distribution;

F.

Wholesale Sales;

G.

Waste and Recycling Related;

H.

Basic Utilities and Roads;

I.

Utility, Road, and Transit Corridors;

J.

Mining;

K.

Communication Facilities.

The following land use categories authorized by the I-3 zoning in Section 14.03.070 (Commercial and Industrial Uses) either as uses permitted outright or conditionally may be allowed within the impact area subject to the underlying zone requirements and any applicable standard of Section 14.28.140 (Iron Mountain Impact Area Development Requirements), including the noise standards for residential development provided in Section 14.28.140 (D):

A.

Educational Institutions (trade/vocational only).

In order to approve any change of zone or use in the Iron Mountain Impact Area, the city shall amend the Comprehensive Plan to incorporate a revised analysis of the economic, social, environmental, and energy (ESEE) consequences on the Iron Mountain Quarry. A change of zone may require that the permitted use list in Section 14.03.070 be amended. Uses added to the permitted use list must be compatible with the intent and purpose of the Iron Mountain Impact Area Overlay Zone and the Comprehensive Plan.

In addition to the criteria established in the underlying zone, all development within the Iron Mountain Impact Area shall comply with the following requirements:

A.

The minimum setback for dwelling structures shall be 50 feet from the property line between the Iron Mountain Quarry and its haul road and the structure, and 25 feet from the property line between the Oregon Department of Transportation (ODOT) stockpile site (Tax Lot 800) and the structure. Setbacks from other property lines shall be as required in the underlying zone.

B.

All residential development shall install fences or walls or similar site-obscuring structures, including vegetative barriers such as hedgerows and the like, which shall be no less than six feet in height, between living areas and the Iron Mountain Quarry, haul road, and stockpile site.

C.

To the extent it is practicable, all developments shall retain existing vegetation within required setback areas between living areas and the Iron Mountain Quarry, haul road, and stockpile site to serve as visual screening, except for vegetation removed to accommodate required fencing or walls. Nothing set forth herein shall be construed so as to prevent a development from creating lawn areas, playground areas, or similar common areas outside the setback area which are designed to serve the development.

D.

Noise Standards.

1.

Except as provided in subsection (D)(4) of this section, residential developments shall be designed so that lawful mining, crushing, and processing activities at the Iron Mountain Quarry will not result in anticipated sound levels that violate applicable noise control regulations adopted by the Oregon Department of Environmental Quality (ORS Chapter 340, Division 35).

2.

"Anticipated sound levels" refers to sound levels which would be produced by typical quarry operations conducted in compliance with the following:

a.

The Department of Geology and Mineral Industries (DOGAMI) mining permit and application for the quarry;

b.

ODOT's mining plans set forth in the ESEE analysis adopted as part of the Comprehensive Plan;

c.

Any ordinance or regulations adopted by Lincoln County;

d.

Refraining from the use of explosives or rock drills before 7:00 A.M. and after 7:00 P.M.; and

e.

Utilizing portable noise barriers to attenuate noise from rock drills and compressors, except where topographical features provide equal or better attenuation.

3.

In view of the sporadic operation of the quarry, anticipated sound levels may be determined utilizing acoustical modeling techniques based on noise studies of typical aggregate plants.

4.

The requirements set forth in subsection (D)(1) of this section shall not apply in the event the provisions of 24 CFR 51 subpart B or successor regulations apply to the development. In that case, the development shall provide evidence of compliance with such provisions which shall be deemed satisfactory compliance with this section.

E.

The owner/developer of land in the Iron Mountain Impact Area shall record an easement in favor of the owner and operators of the Iron Mountain Quarry. The easement shall:

1.

Identify the Iron Mountain Quarry, haul road, and stockpile site as lawful, preexisting uses of adjacent property described as Tax Lots 600, 700, and 800, Lincoln County Assessor's Map 10-11-20, and state that the quarry is identified as a protected aggregate resource site in the Lincoln County Comprehensive Plan.

2.

Identify the Iron Mountain Quarry as an "existing industrial or commercial noise source" as defined by Oregon Department of Environmental Quality administrative rules.

3.

Identify that mining and processing of rock and aggregate products for road construction projects occurs on adjacent property. Activities involving the mining and processing or rock and aggregate products includes, but is not limited to, drilling, blasting, excavation, crushing, sorting, and transportation of these products off of the site on the preexisting haul road, and may include manufacture and transportation of asphaltic and Portland cement concrete.

4.

State that the owner shall include notice in any rental or lease agreement to advise tenants and occupants of the existence of the quarry and the possibility of residents being disturbed by lawful mining, processing, and transportation activities at the Iron Mountain Quarry.

5.

State that residents, tenants, and occupants agree that operations of the quarry are regulated by Lincoln County and agencies of the State of Oregon.

6.

State that owners, tenants, and occupants agree not to object to or contest the terms of a permit issued by regulatory authorities for lawful operation at the Iron Mountain Quarry. Owners, tenants, and occupants agree not to initiate or seek any change of land use designation or permit modification which would limit or curtail lawful operation of the quarry.

7.

State that the owner of the property grants to the owners and operators of the Iron Mountain quarry, their successors and assigns, an easement to create noise across the owner's property at levels not in excess of the noise standards referenced in this section.

8.

State that owners, tenants, and occupants of the property agree to hold the owner and operators of the Iron Mountain Quarry, their successors and assigns, harmless from any claims, demands, and causes of action, of whatever nature, whether legal, equitable, or administrative, arising out of noise produced by the owner or operators of the Iron Mountain Quarry within the standards referenced in this section.

9.

State that the owner releases the owners and operators of the Iron Mountain Quarry, their successors and assigns, from all claims of whatever nature, whether legal, equitable, or administrative, present or future, relating to noise produced by the owner or operators of the Iron Mountain Quarry within the standards referenced in this section.

10.

State that the easement shall run with the land and bind the parties and their successors, and the tenants and occupants of the property.

11.

State that the easement shall terminate when mining quarry is completed and the quarry has been reclaimed in accordance with state laws regulating reclamation.

Permitted uses listed herein shall be reviewed as follows:

A.

Applicants for permitted uses shall submit a site plan conforming to the requirements of Section 14.28.140 and other applicable sections of this Ordinance.

B.

Applicants for permitted uses shall submit a report prepared by a registered engineer indicating that the development is designed and will be built to meet the standards of Section 14.28.140.