The following facts establish the need to place coal mining into an exclusive use zoning district.

12a.11 Characteristics of Coal Mining. Coal mining of land for the removal of valuable and needed coal deposits is a part of the community's economy. The high volume of truck traffic associated with transporting coal and the noise, dust and other potential nuisance-like characteristics suggest industrial zoning would be appropriate. However, coal mining of land is a limited duration use, and once such use is terminated in Daviess County, it is found that the areas are not within immediate reach of public utilities and other facilities which are necessary to sustain concentrated urban growth. This limitation makes industrial zoning inappropriate for subsequent uses to be located on this land within the foreseeable future. Major factors in determining proper site location for coal mining are the particular locations for coal deposits, the depth below the surface at which the mineral is found and the possible destruction of other natural amenities. These factors are not usually considered in the location of industrial zones. Therefore, coal mining and location criteria for such uses must be defined separately.

12a.12 Need For Specific Standards. If proper coal mining standards are not adhered to, the operation may result in the pollution of streams; severe soil erosion and a total loss of the land for other compatible uses for years to come. Coal mining will involve extensive reclamation practices. As a result of the factors listed above, coal mining must be placed in an exclusive use zone, which includes specific operational and reclamation standards and appropriate protection for subsequent use.

The major purpose and objectives of this zone are to place coal mines in an exclusive use zone in order to establish site location and design standards which will:

12a.21 Protect Public Health. By preventing water pollution, noise pollution, air pollution or other such health hazards as would occur as a result of improper location, operation and reclamation standards.

12a.22 Protect Public Safety. By requiring proper use and design of thoroughfares to accommodate the heavy equipment necessary for transportation of coal.

12a.23 Improve Compatibility. With adjacent uses by requiring adequate setback and regular policing of heavily traveled routes to the site.

12a.24 Promote Public Welfare. By providing a reasonable control for the extraction of this valuable and vital natural resource of Daviess County.

Exclusive use zone (EX-1) shall have as its only permitted uses coal mining and agricultural and those accessory uses as are necessary to the operation of coal mining and agriculture. All other uses including residential, commercial and industrial are prohibited.

12a.31 Subsequent Zoning. The exclusive use zone designation replaces the previous industrial zoning classification for coal mining and upon completion of the coal mining operation no other use shall be permitted, other than agriculture without placing the property in the appropriate zoning classification. The site shall revert to its original zone after mining.

Due to potentially adverse environmental impact of coal mining, detailed site and operational plan information shall be submitted to the State. The applicant also must obtain the necessary permits from federal, state and local agencies having jurisdiction over any phase of the operation prior to the beginning of said operation. The OMPC or the respective authority may require the posting of sufficient bond for maintenance and repair of those public facilities which are not otherwise bonded.

12a.41 Site Standards, Operational and Reclamation Procedures shall be the same as that required by the Kentucky Department of Natural Resources and Environmental Protection and in accordance with state regulations adopted pursuant to Kentucky Revised Statute Chapters 350, 351 and 352.

The following site location standards must be met, if at all possible, for they are designed to protect the public health, safety, and welfare; and these standards must be balanced against the community's economic and environmental costs for the extraction of such minerals.

12a.51 Soil And Geologic Criteria. The geologic quadrangle map of Daviess County, Kentucky, 1972, prepared by the Kentucky Geological Survey, designates areas within Daviess County where coal deposits may be found. The Owensboro Metropolitan Planning Commission shall make use of such maps as a general guide in reviewing applications for (EX-1) zoning classifications.

12a.511 Soil Characteristics. An investigation must be made to determine:

a.

the agricultural potential of the land, Prime agricultural land as defined by the U. S. Soil Conservation Service shall be protected from normal mining procedures as permitted under K. R. S. 350, 351 and 352.

12a.52 Restricted Buffer Areas. Coal mining shall not be permitted within a minimum of one hundred (100) feet of a public right-of-way nor within a minimum of three hundred (300) feet of a neighboring residential, commercial or industrial developed property. This minimum may not be adequate in all cases and may be re-established dependent on circumstances of individual cases. Factors to be considered are set out in Article XII, Subsection 12.53.

12a.53 Access Design. Particular attention must be given to proper, safe design of entrances and exits to public highways. Entrance onto a public highway should not exceed a maximum of three per cent (3%) minus grade for a distance of one hundred feet (100') from the highway right-of-way. Proposed entrance and exit locations with existing plus grades shall be leveled (to zero grade) for a distance of thirty (30) feet from the right-of-way. An additional seventy (70) feet with a maximum three per cent (3%) plus grade shall also be provided. Sight distance along the through roadway at such intersections or entrances shall be ten (10) feet for each one (1.0) MPH of speed limit but not less than three hundred fifty (350) feet. In addition, sight distance along the stop leg of the intersection or entrance shall be not less than thirty (30) feet.

12a.54 Signs and Directions. Only necessary identification and directional signs shall be permitted. Signs shall not exceed forty (40) square feet in area and shall not be located on public right-of-way.

For the interpretation of this Article, definitions of Kentucky Revised Statute, Chapters 350, 351 and 352 shall apply.

Violators of Kentucky Revised Statutes 350, 351 and 352 and applicable ordinances and orders, as determined by the respective legislative body or any other agency of the state or federal government, shall not have additional sites zoned (EX-1) for coal mining, until such violation is corrected.