1. 1.
   Shall only take place in an enclosed, locked facility.
2. 2.
   Shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or daycare center.
3. 3.
   Shall not be located within five hundred (500) feet of a public park or playground.
4. 4.
   Shall not be located within five hundred (500) feet of a religious assembly facility.
5. 5.
   Shall not be located within five hundred (500) feet of a sexually oriented business.
6. 6.
   A dispensary shall not be located within one thousand (1,000) feet of an existing dispensary. 
7. 7.
   Within the City of Florence, a cannabis activity shall not locate within a Planned Development Overlay (PD) Zone unless a Concept Development Plan or change in an approved Concept Development Plan Application is applied for and approved to allow that medical cannabis business activity.
8. 7.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited..

1. 1.
   Shall be limited to a maximum of fifty (50) vehicles.

1. 1.
   Shall only take place in an enclosed, locked facility.
2. 2.
   Shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or daycare center.
3. 3.
   Shall not be located within five hundred (500) feet of a public park or playground.
4. 4.
   Shall not be located within five hundred (500) feet of a religious assembly facility.
5. 5.
   Shall not be located within five hundred (500) feet of a sexually oriented business.
6. 6.
   A dispensary shall not be located within one thousand (1,000) feet of an existing dispensary. 
7. 7.
   Within the City of Florence, a cannabis activity shall not locate within a Planned Development Overlay (PD) Zone unless a Concept Development Plan or change in an approved Concept Development Plan Application is applied for and approved to allow that medical cannabis business activity.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited.

1. 1.
   Shall only take place in an enclosed, locked facility.
2. 2.
   Shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or daycare center.
3. 3.
   Shall not be located within five hundred (500) feet of a public park or playground.
4. 4.
   Shall not be located within five hundred (500) feet of a religious assembly facility.
5. 5.
   Shall not be located within five hundred (500) feet of a sexually oriented business.
6. 6.
   A dispensary shall not be located within one thousand (1,000) feet of an existing dispensary. 
7. 7.

   Within the City of Florence, a cannabis activity shall not locate within a Planned Development Overlay (PD) Zone unless a Concept Development Plan or change in an approved Concept Development Plan Application is applied for and approved to allow that medical cannabis business activity.

Kennel

1. 1.
   Within the City of Florence, kennels are only allowed when not adjoining a residential zoned property.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited.

1. 1.
   Shall only take place in an enclosed, locked facility.
2. 2.
   Shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or daycare center.
3. 3.
   Shall not be located within five hundred (500) feet of a public park or playground.
4. 4.
   Shall not be located within five hundred (500) feet of a religious assembly facility.
5. 5.
   Shall not be located within five hundred (500) feet of a sexually oriented business.
6. 6.
   A dispensary shall not be located within one thousand (1,000) feet of an existing dispensary. 
7. 7.
   Within the City of Florence, a cannabis activity shall not locate within a Planned Development Overlay (PD) Zone unless a Concept Development Plan or change in an approved Concept Development Plan Application is applied for and approved to allow that medical cannabis business activity.

1. 1.
   Within the City of Florence, kennels are only allowed when not adjoining a residential zoned property.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited.

1. 1.
   STAGE I – APPLICATION

   1. a.
      If a site is not currently zoned I-3, then a Zoning Map Amendment application must be submitted in accordance with ARTICLE 3 of this document. Applications for Industrial Three (I-3) District zoning shall include a development plan with the following information in triplicate:

      1. 1.
         A written description of the proposed operation addressing each of the following:

         1. a.
            Ultimate Land Use Plan: the use of the land after final reclamation. This plan shall describe the use of the land after final reclamation. This plan shall be prepared by a Professional Engineer, licensed in the State of Kentucky, and shall include the following:

            1. A.
               A written consent by the applicant and owner of the property that notice of conditions of any development plan or other restrictions are to be recorded in the records of the Boone County Clerk's office and the applicant and owner of the property agree to furnish all necessary information to properly record the notice, it being understood the recording is to subject the property to such conditions and restrictions to successors in title to the property.
            2. B.
               Applications for Surface Mining District zoning shall be made on forms available at the Boone County Planning Commission office. The application shall be signed by the owner of the property described in the application. Where the developer is other than the owner, the developer must also sign the application.
            3. C.
               Metes and bounds description of the property for which the zone change is required.
            4. D.
               A list of the names and current mailing addresses of all abutting property owners. Property located on public right-of-ways opposite the site are considered to be abutting the site. Current mailing address is the address on file at the Property Valuation Office at the Boone County Courthouse.
            5. E.
               The detailed cost estimate to finalize reclamation and complete the site for ultimate use. Such estimates shall be based on the costs to the owner or operator of hiring a third party to complete final reclamation and site preparation for ultimate land use. Bonding shall include these costs.
            6. F.
               A detailed description of any additional work; whether construction of structures, earthwork, or any other requirements that are necessary to make the ultimate land use possible.
            7. G.
               The time frame of proposed final closure plans.
            8. H.
               A detailed design of final reclaimed topography, drainage, and solid content of the site. This information shall include survey plats, topographical drawings, and soil content core thickness assays.
            9. I.
               Contemporaneous Reclamation Plan: a written description, prepared by a Professional Engineer licensed in the State of Kentucky, which establishes operational design plans for keeping reclamation operations, including backfilling, grading, soil preparations, and revegetation, contemporaneous with operations. This Plan, which promotes the protection of people, property, land, water, and other natural resources and aesthetic values, during operations shall include the following:

               1. 1.
                  A detailed description of the division of property into sections (each section no larger than the maximum "Active Area" under A.1.a.i.(a).(12) of this section) and the design plan of the time frame and reclamation plans of each section through the Active Area phase and Reclamation Area phase, along with other details such as erosion controls and preparation for the Ultimate Land Use Plan upon final reclamation as described below.
               2. 2.
                  A description of the "Reclamation Area", which is defined as that quantity of land no longer producing material, (i.e. inactive) until final reclamation is complete.
               3. 3.
                  A description of the "Active Area", which is defined as "the maximum quantity of acreage that shall have surface disturbance." "Surface disturbance" is that condition of land after initial disturbance of top soil and before reclamation has begun. The Active Area minimization efforts shall be described in detail in this Plan.
               4. 4.
                  General reclamation operations including, but not limited to, backfilling, grading, top soil redistribution, liming, fertilization, other soil preparation, seeding, planting, mulching, and revegetation of all land that is disturbed by the operations.
               5. 5.
                  A detailed site description and overview of the operations.
               6. 6.
                  Water pollution control: summary of the operator's requirements of all water pollution monitoring and waste handling requirements pursuant to U.S. EPA's and Kentucky Department of Natural Resources and Environmental Protection's National Pollutant Discharge Elimination System (NPDES) permit, groundwater, hazardous waste, hazardous substance regulations, and any other applicable environmental regulations. Details of any anticipated use or disturbance of any lakes, ponds, streams, rivers, creeks, or the creation of any dikes, impoundments, settling ponds, or other method for water retention for the purpose of operation, water supply, reclamation, treatment, ultimate land use, or otherwise, including, but not limited to, any such activity that requires application and approval from the U.S. Army Corps of Engineers. Details of any underground storage tanks including description of use and methods of compliance under U.S. EPA, the Kentucky Department of Natural Resources and Environmental Protection regulations.
               7. 7.
                  Erosion control: description of surface soil quantities and proposed stockpiling of such for subsequent reclamation after closure of each active area, as set forth in item f. below.
               8. 8.
                  Noise control: detailed design plan including a list of equipment to be used that may impact noise pollution. Projections of average and maximum decibel levels at site boundaries, adjacent public roads, and all adjacent property owners buildings and/or dwellings.
               9. 9.
                  Dust control: detailed design plan including a list of equipment to be used for dust abatement along with a written summary of operator's fugitive dust requirements pursuant to current U.S. EPA, and Kentucky Department of Natural Resources and Environmental Protection as they specifically apply to the proposed operation.
               10. 10.
                   Hours of operation: hours of operation within proposed operational boundaries, and hours of operation of off-site hauling, using public roads.
               11. 11.
                   A site plan of the site drawn to a scale of one (1) inch equal not more than one hundred (100) feet showing:

                   1. a.
                      Proposed ultimate land use after full reclamation.
                   2. b.
                      Routes of anticipated hauling travel on public roads with descriptions of maximum load weight limits of each public road, or road section anticipated to be utilized for transportation of the materials.
                   3. c.
                      Schedule of development showing estimated time frame for development and reclamation of the site; including a description of maximum active area for operation, on-going reclamation area, and design of site work to minimize active area and minimize the time unreclaimed non-active area exists.
                   4. d.
                      Existing drainage courses with proposed relocations, channel changes, diversions, retention basins, sedimentation basins, and drainage structures.
                   5. e.
                      All existing public roads abutting the site with width and type of pavement, existing and proposed right-of-way width, and existing and proposed drainage structures.
                   6. f.
                      Location, dimension, and description of proposed buffer strips, screening, and embankments.
                   7. g.
                      General layout of proposed development showing proposed limits of excavation and all proposed structures.
                   8. h.
                      All existing structures on the property and within two hundred (200) feet of the property lines on adjacent property.
                   9. i.
                      Existing and proposed contours shown with intervals sufficient to show existing and proposed drainage, but not more than ten (10) feet.
                   10. j.
                       All public and private right-of-ways and easements on or abutting the property with notation as to proposed continuation, creation, enlargement, relocation, or abandonment.
                   11. k.
                       Names of abutting property owners.
                   12. l.
                       The total area of the property owned or leased by the applicant.
                   13. m.
                       A vicinity map showing the area within a three mile radius of the center of the proposed site. Current 7-1/2 minute topographic at a scale of one (1) inch equal to 2000 feet shall be used as the base map with existing zoning drawn thereon. Proposed routes for shipping and receiving materials and equipment shall be indicated along with daily, monthly and yearly average and maximum quantities of materials transported to and from the site. Recorded historical and archaeological sites, public facilities such as parks, schools, churches, cemeteries, fire stations, and government offices and the boundaries of cities, counties, and states shall be identified. The boundary of the proposed site shall be shown.
                   14. n.
                       STAGE II - PUBLIC HEARING

                       1. 1.
                          Upon receipt of the application, development plan, and required fees, the Planning Commission will conduct a public hearing in accordance with Kentucky Revised Statutes. The development plan shall be available for public inspection at the Planning Commission office during the required public notice time period and shall be presented at the public hearing.
                   15. o.

                       STAGE III - DEVELOPMENT PLAN APPROVAL AND/OR RECOMMENDATION

                       Following the public hearing, the Planning Commission shall approve or disapprove the development plan. When the Planning Commission finds that changes in the development plan are necessary prior to approval, and based on information developed in the public hearing, the applicant shall be given thirty days in which to submit a revised development plan. No revisions shall be made other than those discussed at the public hearing and ordered by the Planning Commission. If the development plan is approved, the Planning Commission shall make a recommendation for a Zoning Map Amendment to the appropriate legislative body. The recommendation shall contain the findings of fact developed at the public hearing in support of the zone change. If the development plan is disapproved, the Planning Commission shall make a recommendation to deny the zone change to the appropriate legislative body with a copy of the recommendation to the applicant. The recommendation shall contain the reasons for denying the zone change.

1. 1.
   A site plan of the site drawn to a scale of one (1) inch equal to not more than one hundred (100) feet, showing:

   1. a.
      All information shown on the approved site plan of the Development Plan.
   2. b.
      Dimension, location of all proposed structures.
   3. c.
      Typical cross-section through site showing limits of excavation, location of embankments, location of buffer strips, species and density of proposed plantings.
   4. d.
      Erosion control measures.
   5. e.
      Location, width and surface types of access road to public road.
   6. f.
      Description of Active Area minimization, and time frame of contemporaneous reclamation of each section. This includes an itemized cost estimate of the reclamation of all property to be disturbed. Estimate will include cost of removing and disposing of structures, grading, fertilizing, seeding, mulching, and planting costs of the final preparations for the Ultimate Land Use Plan.
2. 2.
   Copies of applications for permits and/or licenses from local, State and Federal agencies having jurisdiction.
3. 3.
   Statement that the Planning Commission shall be furnished a copy of all inspection reports from the Kentucky Department of Natural Resources and Environmental Protection.
4. 4.
   Contemporaneous Reclamation Plan, which is a written description, prepared by a professional engineer licensed in the State of Kentucky, which establishes operation design plans for keeping reclamation operations, including backfilling, grading, soil preparations, and revegetation, contemporaneous with operations. This Plan, which promotes the protection of people, property, land, water, and other natural resources and aesthetic values, during operations shall include the following:

   1. a.
      A detailed site description and overview of the operations.
   2. b.
      General reclamation operations including, but not limited to, backfilling, grading, top soil redistribution, liming, fertilization, other soil preparation, seeding, planting, mulching and revegetation of all land that is disturbed by the operations.
   3. c.
      A description of the “Active Area”, which is defined as “the maximum quantity of acreage that shall have surface disturbance.” “Surface disturbance” is that condition of land after initial disturbance of top soil and before reclamation has begun. The Active Area minimization efforts shall be described in detail in this Plan.
   4. d.
      A description of the “Reclamation Area”, which is defined as that quantity of land no longer producing material, (i.e. inactive) until final reclamation is complete.
   5. e.
      A detailed description of the division of property into sections (each section no larger than the maximum “Active Area” under A.4.c of this section) and the design plan of the time frame and reclamation plans of each section through the Active Area phase and Reclamation Area phase, along with other details such as erosion controls and preparation for the Ultimate Land Use Plan upon final reclamation as described below.
5. 5.
   Ultimate Land Use Plan, which is the use of land after final reclamation. This plan shall describe the use of the land after final reclamation. This plan shall be prepared by a professional engineer, licensed in the State of Kentucky, and shall include the following:

   1. a.
      A detailed design of final reclaimed topography, drainage and solid content of the site. This information shall include survey plats, topographical drawings, and soil content core thickness assays.
   2. b.
      The time frame of proposed final closure plans.
   3. c.
      A detailed description of any additional work, whether construction of structures, earthwork, or any other requirements that are necessary to make the ultimate land use possible.
   4. d.
      The detailed cost estimate to finalize reclamation and complete the site for ultimate use. Such estimates shall be based on the costs to the owner or operator of hiring a third party to complete final reclamation and site preparation for ultimate land use. Bonding under Section 1104.4.A.6 shall include these costs.
6. 6.
   A bond, payable to the legislative body having jurisdiction, in an amount equal to the estimated cost of reclamation times an escalation factor approved by the Planning Commission. The escalation factor shall be based on the average annual rate of inflation as published by the U.S. Bureau of Labor Statistics for the preceding five years times the number of years or fraction thereof proposed in the schedule of development. The bond shall be in a form approved by the legislative body having jurisdiction. Additional bond may be required during the course of the operation of the site when time extensions are granted by the Planning Commission, revisions are made to the development plan, or when the Planning Commission or the legislative body having jurisdiction has reasonable cause to believe the reclamation cannot be completed with the amount of bond posted.
7. 7.
   Applications for Surface Mining Special Use Permits shall be made on forms available at the Boone County Planning Commission office. The application shall be signed by the owner of the property described in the application. Where the developer is other than the owner, the developer must also sign the application.
8. 8.
   A written consent by the applicant and owner of the property that notice of conditions of any development plan or other restrictions are to be recorded in the records of the Boone County Clerk's office and the applicant and owner of the property agree to furnish all necessary information to properly record the notice, it being understood the recording is to subject the property to such conditions and restrictions to successors in title to the property.

1. 1.
   Time Limit: The approved facility shall be in substantial operation one year after approval of the Surface Mining Special Use Permit. The applicant, or permittee, shall be subject to annual review by the Planning Commission to assure the permittee’s compliance with the Development Plan, Contemporaneous Reclamation Plan, and the Ultimate Land Use Plan as approved by the Planning Commission.
2. 2.
   The active mining area, as defined in the Development Plan, shall be maintained at or below the approved permitted size. The reclamation area, as described in the Development Plan, shall be reclaimed contemporaneously as set forth in the Contemporaneous Reclamation Plan and as expeditiously as possible. A map shall be submitted annually by the permittee to the Planning Commission showing the status of the affected area and reclamation.
3. 3.
   Failure to complete contemporaneous reclamation of inactive areas will result in disallowance of advancement. If the Planning Commission determines that the development and reclamation of the site has not proceeded in accordance with the approved or amended time frames and plans, the Planning Commission shall notify the permittee of its finding. If the noncompliant activity is not corrected within forty-five (45) days of written notification, the Surface Mining Special Use Permit shall be revoked. If revoked, the permittee shall apply for a Surface Mining Special Use Permit. In addition, a public hearing may be held to rezone the site based upon the recommendation from the Planning Commission and action from the legislative body.
4. 4.
   All mining operations and reclamation activity shall be completed no later than twelve (12) years after approval of the Surface Mining Special Use Permit. The Special Use Permit shall be extended for another twelve (12) years depending on the following criteria:

   1. a.
      The site is in compliance with its currently approved plans.
   2. b.
      No pending violations, either in the past or currently, still exist on the site.
5. 5.
   All provisions in the Industrial Three (I-3) zoning classification still apply in the above extension process. Also, any unapproved changes on the site or to the approved plans shall require a new application submittal. Major amendments to the scope of the operation as permitted by the current Surface Mining Special Use Permit shall be submitted for review and approval by the Planning Commission in accordance with Section 1104.2. Major amendments include exceeding the scope or size of the operation beyond that approved through the current Surface Mining Special Use Permit, altering supplemental conditions of approval, or altering any plan element of substantive effect. Minor amendments do not involve exceeding the scope or size of the operation beyond that currently approved, do not involve alterations in any supplemental conditions of approval, and do not involve altering any plan element of substantive effect. Minor amendments may be approved by the Zoning Administrator.
6. 6.
   Operations: The approved facility shall be operated at all times in accordance with the following rules and regulations:

1. 1. a.
      Contemporaneous Reclamation Plan: All operations must be conducted in a manner consistent with the Contemporaneous Reclamation Plan. In addition, hours of operation designations must be maintained. Any request for modification must be made in writing to the Planning Commission. Failure to do so could result in revocation of the Zoning Permit.
   2. b.
      Ultimate Land Use Plan: The operations must be maintained in a manner consistent with the Ultimate Land Use Plan including, but not limited to, soil conservation etc. Any request for modification must be made in writing to the Planning Commission. Failure to do so could result in revocation of the Zoning Permit.
   3. c.
      Solid Waste Disposal: All solid waste generated by operations on this site shall be disposed of in accordance with the current regulations of the Kentucky Division of Solid Waste which are incorporated herein by reference.
   4. d.
      Air Pollution: All operations on the site shall be in compliance with the regulations and standards of the Kentucky Division of Air Pollution, which are incorporated herein by reference.
   5. e.
      Water Pollution: All operations on the site shall be in compliance with the rules and regulations and standards of the Kentucky Division of Water Quality and the Corps of Engineers, Department of the Army, which are incorporated by reference.
   6. f.
      Noise Pollution: All operations on the site shall be in compliance with the rules, regulations and standards of the Kentucky Department of Natural Resources and Environmental Protection and the Kentucky Department of Mines and Minerals.
   7. g.
      Blasting: All operations involving the use of explosives shall be conducted in accordance with the rules and regulations of the Kentucky Department of Mines and Minerals which are incorporated herein by reference.
   8. h.
      Operations: No land, building, or structure shall be used or occupied in any manner which causes injury, detriment, nuisance or annoyance to any considerable number of people. Operations which endanger the comfort, repose, health, or safety of any person or which causes or has a natural tendency to cause injury or danger to residences, business or other properly zoned uses shall not be conducted. All operations shall employ recognized equipment and procedures of the industry in question to minimize objectionable elements or conditions adversely affecting the surrounding properties. Operation of equipment shall be in accordance with the standards of the industry and the Kentucky Department of Labor.
   9. i.
      Drainage: Natural drainways in the area of land affected by the operation shall be kept free from overburden. Such drainways shall be identified on the map submitted with the application. If, in the operation it is necessary to cross such a drainway, proper drainage structures shall be provided. Sufficient water retarding structures and silt dams constructed to the approval of the Planning Commission shall be placed in all natural drainways on every operation before the work begins. The proposed location of such dams and structures shall be indicated on the map submitted as part of the special use permit application.
   10. j.
       Highwalls: Where the operation produces a bench or solid rock highwall, at least one suitable access shall be provided to lands above the highwall within each 4,000 feet of distance along the bench. Any water accumulating on a bench where the drainage is off the operation shall be pumped or siphoned into a natural or constructed drainway. The moving of overburden to release such water shall be prohibited unless a drainway can be constructed with the approval of the Commission.
   11. k.
       Revegetation and Restoration: Requirements for revegetation and demonstration of successful restoration of soil productivity are set forth in "Kentucky Prime Farmland and Crop Production Restoration After Mining," Kentucky Department for Surface Mining Reclamation and Enforcement, in consultation with the U.S. Soil Conservation Service, June 1985. This document is incorporated herein by reference.
   12. l.
       Spoil: Spoil or overburden removed shall be placed, graded and stabilized so that soil erosion, surface disturbance, and stream sedimentation will be minimized. All grading must be kept current and shall be completed before necessary equipment is removed from the operation.
   13. m.
       Adjacent Property: The conduct of mining and the handling of refuse and other mining wastes shall be done in such a way as to reduce adverse effects in the area and to protect the public and adjoining landowners from damage to their lands, streams, and property.
   14. n.
       Final Cleanup: Upon final abandonment, all buildings, structures, metal, lumber, and other refuse resulting from the operation shall be removed or buried, and shall be consistent with the Ultimate Land Use Plan.
   15. o.
       Plan Revisions: Where conditions develop in the operation which show that the approved reclamation plan cannot be carried out as planned, modifications of the plan shall be submitted by the operator to the Planning Commission for approval.
   16. p.
       Access Roads: The access road shall be that section of road beginning at its junction with any public road and ending at the pit which the operator uses as a haul road. Use of a pre-existing private road or any portion thereof by the operator requires:

       1. I.
          That the haul road be kept open and in condition that local traffic can use it without damage to their means of transportation.
       2. II.
          That if disturbance by the operator shall make the road impassable, a detour of comparable usability shall be provided.

          1. a.
             Paths or trails between pits for the temporary movement of equipment shall not be considered as access roads, but nevertheless shall be part of the area affected.
          2. b.
             No road shall be constructed up a stream channel proper. Where it is necessary to locate a road parallel to a stream, it should be placed as far as possible from the stream so as to leave a filter strip between road and stream. A filter strip shall be defined as an area of forest or field left untouched and undisturbed by the operator during road construction and road maintenance.
          3. c.
             The grading of an access road shall be such that:

             1. I.
                No sustained grade shall exceed ten (10) percent.
             2. II.
                The maximum pitch grade shall not exceed ten (10) percent for three hundred (300) feet.
             3. III.
                There shall not be more than three hundred (300) feet of maximum pitch grade for each one thousand (1,000) feet of road construction.
          4. d.
             The grade on switchback curves must be reduced to less than the approach grade and shall not be greater than five (5) percent.
          5. e.
             A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-fill sections, with ditch relief cross drains being spaced according to grade. Water shall be intercepted before reaching a switchback or large fill and led off. Water on a fill or switchback shall be released below the fill, not over it.
          6. f.
             Ditch relief structures will be installed, where possible, according to the following table of spacing in terms of percent of ditch line grade on the basis of one hundred (100) sq. in. opening per culvert; (12" dia. round corrugated metal pipes have 113 sq. in. open area)

1. 1.
   Setbacks/Buffer Yards from Adjoining Districts and Uses: A minimum two hundred (200) foot buffer yard shall be maintained where the I-3 district adjoins any residential district, agricultural districts where there is an existing residence on the lot adjoining the I-3 district, and the Small Community (SC) overlay district; no activity may occur within this two hundred (200) foot buffer yard. A minimum one hundred (100) foot buffer yard shall be maintained from all other districts (except the I-3 and I-4 districts) and agricultural districts where there is no existing residence on the lot adjoining the I-3 district; no activity may occur within this one hundred (100) foot buffer yard. Processing plants and other structures used for materials handling and related purposes shall be setback an additional one hundred fifty (150) feet from the one hundred (100) foot and two hundred (200) foot buffer yards; other mining activities may occur within this one hundred fifty (150) foot additional set back. A minimum fifty (50) foot buffer yard shall be maintained from Conditional Uses within the I-3 district, and along public streets where an I-3 district is the adjoining zone across a public street or road. Tree cover shall be maintained and/or provided throughout the entire buffer yard area. Existing tree cover shall be retained and incorporated into required buffer yards. Where there is not continuous forest cover in a buffer yard, the following shall be provided:

   1. a.
      Berms which are at least ten (10) feet high from the centerline of the adjoining public street when the buffer yard adjoins a street, or from the property line when the buffer yard adjoins another tract, shall be constructed, unless such construction would necessitate the removal of existing forest cover. If construction of ten (10) foot high berming would necessitate the removal of existing forest cover, berms shall be constructed to the highest height possible without removing existing forest cover or exceeding a 3:1 slope. Berming shall meander in the buffer yard when viewed from plan view.
   2. b.
      Native hardwood trees which are a minimum of two (2) inch caliper at planting shall be installed at a minimum density of one tree per one hundred fifty (150) square feet for the first fifty (50) feet of a buffer yard from the adjoining district or use; the hardwood tree seedling mixture outlined in Section 1104.7 shall also be provided in this area.  For any remaining area in a buffer yard, at least one tree shall be installed per two hundred fifty (250) square feet of area - between fifty (50) and seventy (70) percent of these trees shall be evergreen trees that are a minimum of six (6) feet in height at planting and the remainder shall be hardwood trees that are a minimum of two (2) inch caliper at planting; either tree mixture in Section 1104.7 or a combination of both tree seedling mixtures, shall also be provided for any remaining area in a buffer yard. All planting materials shall be evenly distributed within a buffer yard from a quantitative standpoint, although formal, rectilinear planting configurations are prohibited. Planting materials shall be selected based on compatibility with soil types, and at least four different species of trees shall be provided for each tree group (hardwood and evergreen).
   3. c.
      Where the difference in topographical elevation between the area to be mined and an adjoining, upslope residential district, or agricultural district where there is an existing residence on the adjoining lot, is fifty (50) feet or greater, berming shall be provided at the top of the slope in accordance with the standards in subsection A above. In this instance, the minimum planting size for the hardwood trees within the first fifty (50) feet of the buffer yard shall be increased to four (4) inch caliper. All required buffer improvements adjoining a specific phase of mining work shall be completed before any mining work within said phase commences, however, overburden may be removed and used in the construction of the required berms within such phase.
2. 2.
   Setback/Buffer Yards from Adjoining Mining Uses in I-3 and I-4 districts: Buffer Yard A as per SECTION 3645 shall be provided.
3. 3.
   Ohio River frontage: Where an I-3 zoned site adjoins the Ohio River, a buffer yard that is at least twenty-five (25) feet wide shall be maintained along the shoreline, outside of the one hundred (100) year flood plain. A line of hardwood trees which are a minimum of two (2) inch caliper at planting shall be installed along the shoreline at a minimum ratio of one (1) tree per ten (10) linear feet, and the hardwood seedling mixture from Section 1104.7 shall also be provided in the minimum twenty-five (25) foot wide buffer yard. Any existing tree cover along the shoreline shall be maintained and credited towards the tree planting requirements. These requirements do not apply in instances where port activities occur directly on the Ohio River.
4. 4.
   Height: The maximum building height for a mining operation is fifty (50) feet from the original ground elevation.
5. 5.
   Maximum Intensity: There are no minimum or average building intensities for Principally Permitted Uses in the I-3 district.
6. 6.
   Dust Control and Driveways: Dust control on the site shall include truck wheel washing facilities. Recycled or reused water must be as free from sediment as possible. The facility must meet the minimum requirements of the Kentucky Division of Water Quality regarding runoff and sediment control. The truck washing facility must be a minimum of two hundred (200) feet from the nearest public roadway, and the entrance driveway or road must be paved and kept clean and dust free for this two hundred (200) feet. Driveways shall be angled through the buffer yard adjoining the street frontage, as to not create a direct viewshed into the mining area from a public road. Curb cuts/driveways shall be constructed as per the standards in ARTICLE 32 for industrial uses. All exiting trucks will be covered with tarps that will control dust emissions. All state, federal, and EPA regulations pertaining to dust control are herein incorporated by reference into these regulations and are Special Use Permit requirements.
7. 7.
   Clearing: Clearing of existing vegetation within a specific phase of mining work shall not occur more than six (6) months prior to planned excavation of said phase.

1. 1.
   Building Setbacks, Height, and Intensity: All Conditional Uses in the I-3 district shall be subject to the Commercial One (C-1) district standards for building setbacks and height. Building intensity shall not exceed 8,000 square feet of gross building area per acre of land.
2. 2.
   Landscaping: All Conditional Uses in the I-3 district shall be subject to the landscaping requirements in ARTICLE 36.  For the purposes of the Buffer Yard requirements in SECTION 3645, the Commercial One (C-1) district standards shall be used for the “developing use zone” requirements, except that Buffer Yard A shall be used when a Conditional Use in the I-3 district abuts any other part of an I-3 district.

1. 1.
   Slopes: All earthen banks shall be left with a slope of no greater than three feet horizontal to one foot vertical.
2. 2.
   Vegetative Cover: The type and number per acre of trees, shrubs, ground cover, or legumes to be planted shall be approved by the Planning Commission in conjunction with the County Agricultural Extension Agent and the following guidelines:

   1. a.
      The objective in re-vegetation is to stabilize the area as quickly as possible after it has been disturbed. Plants that will give a quick, protective cover and enrich the soil shall be given priority. These plants should be considered only as a tool in obtaining productive land use and not the end result.
   2. b.
      Appropriate re-vegetation shall be seeded and/or planted as soon after grading as possible, provided that seeding and/or planting shall be performed in the proper season in accordance with accepted agricultural and reforestation practices.
   3. c.
      When planting is completed, the operator shall file a copy of the planting report with the Planning Commission on a form to be furnished by the Division of Reclamation.
   4. d.
      The Planning Commission finding that some flexibility is required in the administration of regulations, where special conditions warrant, may provide for exceptions to the regulation, consistent with the requirements of the Division of Reclamation. All such exceptions shall be presented to the Planning Commission for its approval or rejection.
   5. e.
      On all lands disturbed during the course of operation, the entire disturbed area shall be fertilized, seeded, and planted to legumes, perennial grasses, and trees, except as hereinafter provided:

      1. I.
         Roads shall be seeded to legumes and perennial grasses only - no trees being required. This vegetative requirement for roads may be modified if, in the opinion of the Commission, the roadway will not contribute serious off-site damage to the public or to adjacent property owners.
      2. II.
         On very stony areas that cannot be hand planted without difficulty, direct seeding of trees will be permitted by the Commission.
      3. III.
         Shrubs for wildlife may be planted to include border plantings, clump planting, and intervening strips, at a 6' x 6' spacing. These plantings shall not exceed twenty (20) percent of the total area planted.
      4. IV.
         Where a seam or stratum of solid rock makes vegetation impractical, none shall be required.
   6. f.
      Re-vegetation of the area shall be subject to the following requirements:

      1. I.
         All legume seed, except Black Locust, shall be inoculated.
      2. II.
         All Black Locust and Serices Lespedeza seed shall be scarified except when used in fall and winter seeding.
      3. III.
         Experimental planting and/or seeding of trees, shrubs, legumes and perennial grasses not normally recommended, is encouraged in limited quantities, provided that no more than twenty (20) percent of the total area shall be planted in these species.
      4. IV.
         Scarification of the soil, when it has become crusted and hard, is required prior to the seeding of legumes and perennial grasses.
      5. V.
         The application of fertilizer shall be required as set out in subsection (X) below.
      6. VI.
         Tree seedling mixtures shall be as follows:

         Hardwood mixtures shall consist of two or more of the following:
         European Alder	Red Gum
         Sycamore	Cottonwood
         Red or Silver Maple	River Birch
         Green or White Ash	Red Oak
         Black Locust	Hybrid Poplar

         Hardwood mixtures shall consist of two or more of the following:
         European Alder	Red Gum
         Sycamore	Cottonwood
         Red or Silver Maple	River Birch
         Green or White Ash	Red Oak
         Black Locust	Hybrid Poplar

         Hardwood mixtures shall consist of two or more of the following:
         European Alder	Red Gum
         Sycamore	Cottonwood
         Red or Silver Maple	River Birch
         Green or White Ash	Red Oak
         Black Locust	Hybrid Poplar

         Hardwood mixtures shall consist of two or more of the following:
         European Alder	Red Gum
         Sycamore	Cottonwood
         Red or Silver Maple	River Birch
         Green or White Ash	Red Oak
         Black Locust	Hybrid Poplar

         The use of European alder and Black locust nurse trees are encouraged, but the Black locust shall not exceed twenty-five (25) percent and/or the European alder fifty (50) percent of the total mixture. Black locust shall not be mixed with Sycamore and Cottonwood except in a block or belt type of plantings.

         Conifer mixtures shall consist of two or more of the following:
         Virginia Pine	Loblolly Pine
         Pitch Pine	White Pine
         Shortleaf Pine	Scotch Pine

         Conifer mixtures shall consist of two or more of the following:
         Virginia Pine	Loblolly Pine
         Pitch Pine	White Pine
         Shortleaf Pine	Scotch Pine

         Conifer mixtures shall consist of two or more of the following:
         Virginia Pine	Loblolly Pine
         Pitch Pine	White Pine
         Shortleaf Pine	Scotch Pine

         Conifer mixtures shall consist of two or more of the following:
         Virginia Pine	Loblolly Pine
         Pitch Pine	White Pine
         Shortleaf Pine	Scotch Pine

      7. VII.
         One of the following mixtures shall be used for direct seeding of trees:

         Mixture One:
         Black Locust	2 lbs./acre
         Serices Lespedeza	5 lbs./acre
         Kobe and/or Korean Lespedeza	10 lbs./acre
         KY 31 Fescue	10 lbs./acre
         Mixture Two: (use at least two of the pines)
         Loblolly Pine	1 lbs./acre
         Virginia Pine	½ lb./acre
         Shortleaf Pine	½ lb./acre
         Kobe and/or Korean Lespedeza	15 lbs./acre
         KY 31 Fescue	10 lbs./acre
         Mixture Three:
         Black Locust	2 lbs./acre
         Bi-color Lespedeza	5 lbs./acre
         Kobe and/or Korean Lespedeza	10 lbs./acre
         KY 31 Fescue	10 lbs./acre
         Mixture Four: (use at least two of the Pines)
         Loblolly Pine	1 lbs./acre
         Virginia Pine	½ lb./acre
         Shortleaf Pine	½ lb./acre
         Bi-color Lespedeza	5 lbs./acre
         KY 31 Fescue	15 lbs./acre

      8. VIII.
         Shrubs for wildlife planting shall be one or more of the following:

         Mixture One:
         Bi-color Lespedeza	Arrowwood
         Autumn Olive	Tatarian
         Silky Dogwood	Honeysuckle
         Japonica Lespedeza	Coral Berry

         Mixture One:
         Bi-color Lespedeza	Arrowwood
         Autumn Olive	Tatarian
         Silky Dogwood	Honeysuckle
         Japonica Lespedeza	Coral Berry

         Mixture One:
         Bi-color Lespedeza	Arrowwood
         Autumn Olive	Tatarian
         Silky Dogwood	Honeysuckle
         Japonica Lespedeza	Coral Berry

         Mixture One:
         Bi-color Lespedeza	Arrowwood
         Autumn Olive	Tatarian
         Silky Dogwood	Honeysuckle
         Japonica Lespedeza	Coral Berry

         Additional species with demonstrated ability to survive as shown by planting tests will be allowed.

      9. IX.
         Legume and perennial grass seed mixture shall be in the following species and rates:

         Mixture One: (for outslopes and other areas where herbaceous competition with trees is not a problem)
         KY 31 Tall Fescue	15 lbs./acre
         Weeping Love	2 lbs./acre
         Kobe and/or Korean Lespedeza	5 lbs./acre
         Serices Lespedeza	15 lbs./acre

         Note: Love grass will improve the chances of getting cover in dry years. One half of the Fescue could be replaced with domestic rye grass.

         Mixture Two: (for areas where herbaceous vegetation could compete with slow growing conifers and hardwoods)
         Kobe and/or Korean Lespedeza	10 lbs./acre
         KY 31 Tall Fescue	15 lbs./acre

      10. X.
          Minimum fertilizer requirements for grasses and legumes at time of seeding shall be as follows: 100 2 5 lbs. of Phosphorus (P 0) per acre 100 lbs. of Nitrogen (N) per acre.
      11. XI.
          On selected sites a wide choice of other pasture and forage species and rates of seeding which will provide suitable cover are in accordance with acceptable agricultural practices shall be permitted. Information regarding approved species and mixtures may be obtained from the Division of Reclamation.
   7. g.
      Inspection and evaluation for vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been achieved. In no instance shall this vegetative cover check be made until just prior to or after the completion of the first growing season.
   8. h.
      Annual grasses and small grains shall be considered only as a tool in establishing temporary vegetative cover for restoration. These types of annuals shall not be evaluated in the determination of vegetative cover.
   9. i.
      Standards for legumes and perennial grasses - there shall be established at least a seventy (70) percent ground cover. Bare areas shall not exceed one-fourth (1/4) acre (100' x 100') in size, nor total more than thirty (30) percent of the area seeded.
   10. j.
       Standards for woody plants - there shall be six hundred (600) or more woody plants living per acre, including volunteers. Distribution of stems must be fairly uniform, with no areas larger than one-fourth (1/4) acre (100' x 100') in size of substandard stocking.
3. 3.
   Time Limit: Restoration of disturbed areas shall begin as soon as possible. Except for areas in constant use such as haul roads, access roads, stock pile areas, and processing areas, restoration shall begin according to the approved Development Plan but in no case any later than one year of final extraction.
4. 4.
   Release Bond: The bond required by Section 1104.4 of these regulations will not be released until after the final inspection and evaluation for vegetative cover and inspection of the site for release to the Ultimate Use as set forth in the approved Development Plan. No more than fifty (50) percent of this bond may be retained for a period of up to eighteen (18) months following the final inspection and evaluation to ensure the completion of any requirements in the Development Plan regarding re-vegetation that may become necessary during this period.

1. 1.
   The supplemental parking and loading regulations of this ordinance.
2. 2.
   Resolutions or orders of Boone County, City ordinance, law of the Commonwealth of Kentucky of law of the United States regulating nuisances and environment.
3. 3.
   Any condition which may be governed by the Northern Kentucky Independent District Health Department.
4. 4.
   Site Plan Review required for all permitted uses (See ARTICLE 30).

1. 1.
   Franchise style fast food establishments shall be prohibited.

1. 1.
   This use includes landscape and plant nurseries, garden and landscape sales.
2. 2.
   There shall be no outdoor display and/or storage of equipment or vehicles.

1. 1.
   There shall be no outside storage.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited.

1. 1.
   Shall only take place in an enclosed, locked facility.
2. 2.
   Shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or daycare center.
3. 3.
   Shall not be located within five hundred (500) feet of a public park or playground.
4. 4.
   Shall not be located within five hundred (500) feet of a religious assembly facility.
5. 5.
   Shall not be located within five hundred (500) feet of a sexually oriented business.
6. 6.
   A dispensary shall not be located within one thousand (1,000) feet of an existing dispensary.

1. 1.
   Shall only be allowed in a structure that was originally designed for residential use.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Shall only be allowed in a structure that was originally designed for residential use.

1. 1.
   Boarding of animals shall be prohibited.

1. 1.
   The location of an I-4 district should not cause the provision of centralized water or sanitary sewer service in an area not planned in the current Comprehensive Plan for such services.
2. 2.
   The I-4 district should not be located near any existing high-tech industries that have sensitive manufacturing, processing, or handling operations affected by ground vibration, or near churches or other public land uses involving structures sensitive to vibration.

1. 1.
   The total area of the property owned or leased by the applicant.
2. 2.
   Names of abutting property owners.
3. 3.
   All public and private right-of-ways and easements on or abutting the property with notation as to proposed continuation, creation, enlargement, relocation, or abandonment.
4. 4.
   Existing and proposed contours of the site and all property within two hundred (200) feet, shown with intervals sufficient to show existing and proposed drainage, but not more than ten (10) feet.
5. 5.
   All existing structures on the property and within two hundred (200) feet of the property lines on adjacent property.
6. 6.
   General layout of proposed development showing proposed limits of excavation and all proposed structures.
7. 7.
   Clear delineation of which lands will be subject to ownership, lease, and mineral rights ownership.
8. 8.
   Location, dimension, and description of proposed buffer strips, screening, and embankments.
9. 9.
   All existing public roads abutting the site, width and type of pavement, existing and proposed right-of-way width, and existing and proposed drainage structures.
10. 10.
    Schedule of development showing estimated time frame for development and reclamation of the site; including a description of maximum active area for operation, on-going reclamation area, and design of site work.
11. 11.
    Routes of anticipated hauling travel on public roads with descriptions of maximum load weight limits of each public road, or road section anticipated to be utilized for transportation of the materials.
12. 12.
    Proposed interim and ultimate land uses.

1. 1.
   Noise control: detailed design plan including a list of equipment to be used that may impact noise pollution. Projections of average and maximum decibel levels at site boundaries, adjacent public roads and all adjacent property owners buildings and/or dwellings.
2. 2.
   A detailed site description and overview of the operations.
3. 3.
   General reclamation operations including but not limited to, backfilling, grading, top soil redistribution, liming, fertilization, other soil preparation, seeding, planting, mulching, and revegetation of all land that is disturbed by the operations.

1. 1.
   A detailed design of final reclaimed topography, drainage, and solid content of the site. This information shall include survey plats, topographical drawings, and soil content core thickness assays.
2. 2.
   The time frame of proposed final closure plans.
3. 3.
   A detailed description of any additional work; whether construction of structures, earthwork, or any other requirements that are necessary to make the ultimate land use possible.
4. 4.
   The detailed cost estimate to finalize reclamation and complete the site for ultimate use. Such estimates shall be based on the costs to the owner or operator of hiring a third party to complete final reclamation and site preparation for ultimate land use. Bonding under Section 1106.13 shall include these costs.

1. 1.
   Vicinity Map - A vicinity map at a scale of one (1) inch equals 2000 feet. The map shall include the site boundary as well as the area within a one-mile radius of the boundary. It shall also indicate any historical or archaeological sites, public facilities, and environmentally sensitive and geologic hazard areas.
2. 2.
   Existing Conditions Map - An existing conditions plan, using a scale of at least one (1) inch equals one hundred (100) feet, shall be submitted including the following information: The total area of the property owned (or leased) by the applicant shall be shown. It should also show all public and private rights-of-ways and easements of record on or abutting the property. Also, provide existing contours of the site and all property within two hundred (200) feet that show drainage courses, retention and detention basins, septic tanks, as well as the names and locations of all creeks, streams, or other bodies of water. Also show any wells. Show any existing structures and identify by type. Show the location of all existing structures on adjoining property within 1,500 feet of the common property lines and edge of leased area, as well as all roads within two hundred (200) feet of the property. Any existing above ground or underground storage tanks must be shown.
3. 3.
   Mining Plan - A mining plan, using a scale of at least one (1) inch equals two hundred (200) feet, shall be submitted including the following information: The total area of the property and mineral rights owned (or leased) by the applicant shall be shown with the area to be mined clearly labeled. Also, any proposed new or modified right-of-ways or easements are to be shown. Proposed contours are to be shown (including drainage, retention, storm water retention basins, septic tanks, etc.). All existing structures to be removed and any temporary structures (including roads and parking lots) are to be shown. A general layout of the development that includes a cross section is to be shown. The location, dimension, and description of proposed buffer strips, screening, fencing, embankments, and stockpiles are to be included. A geologic section, ventilation shafts, mining boundary, and pillar layout is to be shown on the plan. Any proposed above ground or underground storage tanks must be shown. The Planning Commission may request that specific areas of the site be shown at a scale of one (1) inch equals one hundred (100) feet.
4. 4.
   Operations Descriptions - A detailed, written description of the proposed operations addressing each of the following: The method of mining and processing; estimated life of operation and reserves; hours of operation; dust control; noise control; equipment storage; maintenance areas; topsoil control; erosion control; existing hydrology (including ground water levels); water pollution control methods of surface and ground water; shipping and delivery spillage control; blasting timetable and method; disposal control for all solid wastes generated; subsidence control including roof support factor of safety calculation; and overburden and stockpile control.
5. 5.
   Water pollution control: Summary of the operator's requirements of all water pollution monitoring and waste handling requirements pursuant to U.S. EPA's and Kentucky Department of Natural Resources and Environmental Protection's National Pollutant Discharge Elimination System (NPDES) permit, groundwater, hazardous waste, hazardous substance regulations, and any other applicable environmental regulations. Details of any anticipated use or disturbance of any lakes, ponds, streams, rivers, creeks, or the creation of any dikes, impoundments, settling ponds, or other method for water retention for the purpose of operation, water supply, reclamation, treatment, ultimate land use, or otherwise, including but not limited to any such activity that requires application and approval from the U.S. Army Corps of Engineers. Details of any underground storage tanks including description of use and methods of compliance under U.S. EPA, the Kentucky Department of Natural Resources and Environmental Protection regulations.
6. 6.
   Transportation Plan - A transportation plan shall be planned in relationship to the adjoining roadway system and interchange to minimize the impact of traffic, dust, and vehicle noise on areas outside the mining site and shall include information on product shipping and operational deliveries.
7. 7.
   Prior Permits - The applicant/owner/operator shall list mining permits of any type issued under the laws of Kentucky or any other state, or the Federal Government which have been revoked or had a bond (or other security deposit) forfeited within five years prior to the date of application.
8. 8.
   Reclamation plan describing time frame for all land estimated to be affected by the operation; proposed land use after reclamation is complete; portal closure methods; surface grading including final drainage plans; final ground water elevation; revegetation techniques including plant species, seeding rates, tree species, and size; specific reclamation/revegetation techniques for coping with critical areas such as steep slopes, high drainage flow, or poor soil conditions. Revegetation efforts shall be carried out in accordance with Section 1104.7.
9. 9.
   The application shall include the names and addresses of any property owners, mineral rights owners, and operators party to the development. All persons signing the application shall also agree to all conditions and/or restrictions of any development plan or other restrictions placed upon the property.

1. 1.
   Time Limit: The approved facility shall be under substantial construction one year after approval of the Subsurface Mining Special Use Permit. If no work has taken place, the mine operator or property owner shall provide written explanation of the status of the project, and the Planning Commission may consider holding a public hearing to rezone the site. The Reclamation Areas as described in the Development Plan shall be reclaimed within one year of abandonment. Failure to complete reclamation of inactive areas shall result in disallowance of advancement until these inactive areas are reclaimed or are in the process of being reclaimed. Extensions of these time limits may be approved by the Planning Commission upon written request. If the Commission determines that development and reclamation of the site has not proceeded in accordance with the proposed time frame, a public hearing may be held to rezone the site and the appropriate recommendation made to the legislative body having jurisdiction.
2. 2.
   Excess excavated stone and spoil shall be handled in either of the following manners, or a combination thereof:

   1. a.
      As soon as adequate space exists within the mine, excess excavated stone and spoil shall be stored in the underground mine area, as opposed to on the surface. The mining operation shall be designed to accommodate this waste storage method.
   2. b.
      Excess excavated stone and spoil shall be used as construction material for the construction of berms along the boundaries of the site that are visible to public view. The berming constructed under this requirement may be also used to fulfill berming requirements stated below. Any site grading must be kept current and shall be completed before necessary equipment is removed from the operation.
3. 3.
   All operations involving the use of explosives shall be conducted in accordance with the rules and regulations of the Kentucky Department of Mines and Minerals which are incorporated herein by reference. These regulations establish the Uniform Municipal Authority, which provide that local governments cannot adopt blasting limits more stringent than the Department of Mines and Minerals. Local blasting limits may be set during the permit or zone change review for each mining operation on case by case through agreement between the operator and local government and/or planning unit. These agreements must be reviewed in relationship to the Uniform Municipal Authority to determine if valid. Ongoing seismic monitoring both on-site and off site shall occur as required. All such records shall be provided to the Planning Commission upon request. The mine operator shall use precision blast initiators to control peak particle velocity, vibration frequency, and detonation intervals to closely control blast design.
4. 4.
   Blasting shall be designed to comply with 805 KAR 4:020 which governs the amount of explosives a blaster can use based on the distance to the nearest structure. The Planning Commission or Fiscal Court may require a minimum distance between a blast and adjoining public or residential uses based on specific site considerations. Blasting shall take place only between the hours of 8:00 AM and 9:00 PM., Monday through Friday.
5. 5.
   The mine operator shall produce accurate blast reports, prepared by a civil or mining engineer registered in Kentucky, as required in 805 KAR 4:050 and described in Department of Mines and Minerals publications. Copies of all documentation shall be provided to the Boone County Planning Commission office upon request.
6. 6.
   A pre-blast survey, prepared by a licensed professional blasting engineer, to the generally accepted standards and with the normal public notification practices of the industry, shall be conducted if requested by a property owner within a one (1) mile radius or by the Planning Commission. The Planning Commission shall have the right to hire consultants to review any pre-blast survey. The results of any pre-blast survey shall be filed with the Boone County Clerk’s office.
7. 7.
   The mine operator shall follow the Federal Mine Safety and Health Regulations 30 CFR 57.
8. 8.
   No trucking activity shall occur on Saturday after daylight hours or on Sunday. The Planning Commission and Fiscal Court can impose additional restrictions on nighttime trucking activity depending on specific site considerations.
9. 9.
   Dust Control on the site shall include truck wheel washing facilities. Recycled or reused water must be as free from sediment as possible. The facility must meet the minimum requirements of the Kentucky Division of Water Quality regarding water runoff and sediment control. The truck washing facility must be a minimum of five hundred (500) feet from the nearest public roadway, and the entrance driveway or road must be paved and kept clean and dust free for this five hundred (500) feet. All exiting trucks will be covered with tarps that will control dust emissions. All state, federal, and EPA regulations pertaining to dust control are herein incorporated by reference into this order and are Special Use Permit requirements.
10. 10.
    The operator of each subsurface mine shall by January first of each year produce new or updated maps of all mine activities. The maps shall be accurate and of professional quality, prepared by a civil or mining engineer registered in Kentucky, and be prepared in digital format to be compatible with the Boone County Geographic Information System (GIS). Three (3) paper copies and one digital copy of the Maps shall be submitted to the Planning Commission.
11. 11.
    Berms shall be provided along all public roads and along all property lines where disturbed limits are located within five hundred (500) feet, unless the construction of such berms would necessitate the removal of existing forest cover. Berms shall be used to screen the mining operation and to mitigate the impacts of such operation from adjoining properties and public rights-of-way. Berms shall be a minimum of ten (10) feet in height. Existing forest or tree cover shall be maintained in all setback areas with the exception of the access road which connects surface operations to the public road. Additional berming requirements, including increased berm height, and/or retention of existing tree features or planting of additional landscape buffering, may be required through the Concept Development Plan review.
12. 12.
    Points of entry to property containing a mining operation must be secured and monitored for both active and inactive operations. Upon closure of the mine, the owner shall take immediate steps to secure all underground mine openings.
13. 13.
    Revegetation and Restoration: Requirements for revegetation, restoration, soil stabilization, and erosion control are outlined in the Industrial Three (I-3) district requirements and the Boone County Subdivision Regulations.
14. 14.
    Final Cleanup: Upon final abandonment, all buildings, structures, metal, lumber, and other refuse resulting from the operation shall be removed, and shall be consistent with the Ultimate Land Use Plan. Restoration of land shall be subject to all regulations of the Kentucky Department of Natural Resources and Environmental Protection.
15. 15.
    Plan Revisions: Where conditions develop in the operation which show that the approved reclamation plan cannot be carried out as planned, modifications of the plan shall be submitted by the operator to the Planning Commission for approval.
16. 16.
    Sign: An appropriate sign shall be displayed at the points of access to each operation adjacent to the nearest public highway. The sign shall be at least two feet by four feet (2' x 4') with a maximum size of thirty-two (32) square feet, constructed of wood or other durable material, and clearly identify the name of the operator and number of the mining permit. Such sign shall be maintained during the life of the operation.
17. 17.
    Succession of Operators: Where an operator succeeds another at an operation, either by sale, assignment, lease or otherwise, the Commission may release the first operator from all liability under this regulation as to that particular operation. However, both operators must have otherwise complied with the requirements of this regulation and the successor operator assumes as part of his obligation under this regulation, all liability for the reclamation of the area of land affected by the former operator.

1. 1.
   Bond - An applicant shall not disturb surface acreage or extend any underground shafts, tunnels, or operations prior to issuance of a permit and approval of a performance bond covering areas to be affected by the new and/or continued operation of mining.
2. 2.
   After submission of a permit application in order to conduct mining operations has been approved, but before such a permit is issued, the applicant shall file a bond to the estimated cost of reclamation. The reclamation costs shall be determined based upon information submitted by the applicant and any other information available. The bond shall be approved by the Boone County Planning Commission.
3. 3.
   Bond Forfeiture - A bond for a permit area shall be forfeited if the Planning Commission finds that:

   1. a.
      The permittee has violated any of the terms, regulations, or conditions of the bond and has failed to take corrective action.
   2. b.
      The permittee has failed to conduct the mining and reclamation operations in accordance with the regulations and/or conditions of the permit within the time required, and the Planning Commission has determined that it is necessary, in order to fulfill the requirements of the permit, to have someone other than the permittee correct or complete reclamation.
   3. c.
      The permit for the area or increment under bond has been revoked or the operation terminated, unless the permittee assumes liability to the satisfaction of the Planning Commission for completion of the reclamation work and is diligently and satisfactorily performing such work.
   4. d.
      The permittee has failed to comply with an approved compliance schedule.
   5. e.
      The permittee has become insolvent, been adjudicated as bankrupt, filed a petition in bankruptcy or for a receiver, or had a receiver appointed by any court.
4. 4.
   Use of Forfeited Fund - The appropriate legislative body shall utilize funds collected from bond forfeiture to complete the reclamation plan on the permit area on which bond coverage applied, as well as covering administrative expenses. The owner shall be responsible for any deficiencies in funds required for completion of the reclamation. Funds remaining after reclamation shall be returned to the person from whom the forfeiture proceeds were received.
5. 5.
   Bond Release - No portion of the guarantee contained in the release of the bond will be released until after final inspection and evaluations of vegetation cover. There shall be allowed a reduction in the bond amount for all reclamation completed at that time. To release the bond, the operator shall file with the Planning Commission a written report stating under oath that reclamation has been completed on certain acreage and submit the following:

   1. a.
      Identification of the operation, permit number and street address.
   2. b.
      A description of the area of land affected by the operation within the period of time covered by such report with sufficient certainty to enable it to be located and distinguished from other lands.
   3. c.
      A copy of the Reclamation Plan indicating the area that has been reclaimed and that is being submitted for bond release. The boundary shall be surveyed by a licensed surveyor and the completed reclamation shall be certified by licensed civil or mining engineer.
6. 6.
   Release of Bond: The bond required by these regulations will not be released until after the final inspection and evaluation for vegetative cover and inspection of the site for release to the Ultimate Use as set forth in the approved Development Plan. Up to fifty (50) percent of this bond may be retained for a period of up to eighteen (18) months following the final inspection and evaluation to ensure the completion of any requirements in the Development Plan regarding re-vegetation that may become necessary during this period.

1. 1.
   The supplemental, parking and loading, and signage regulations of this ordinance.
2. 2.
   Resolutions or orders of Boone County, City ordinance, law of the Commonwealth of Kentucky or law of the United States regulating nuisances and environment.
3. 3.
   Any condition which may be governed by the Northern Kentucky Independent District Health Department.
4. 4.
   Site Plan Review is required for all permitted uses (See ARTICLE 30).
5. 5.
   A-1, Conservation, Recreation, and I-1 uses permitted in the I-4 district by reference shall follow the normal dimensional standards for said districts stated in SECTION 3111.

1. 1.
   Uses within this category are limited to wildlife preserve sanctuaries, habitats, cultures, and related activities.

1. 1.
   Within the City of Florence, kennels are only allowed when not adjoining a residential zoned property.

1. 1.
   Relay, transmitting or receiving towers, or similar free standing equipment shall be prohibited.

1. 1.
   Boarding of animals shall be prohibited.