§ 10-226. Setback.  


Latest version.
  • Mining operations, sedimentation ponds, and stockpiling of excavated materials shall not be conducted closer than 150 feet to the boundary of any district where such operations are not permitted, nor shall such operations be conducted closer than 150 feet to the boundary of any adjoining property residentially zoned and containing occupied single-family residences, unless the written consent of the owner in fee of such adjoining property is first secured. Mining operations, sedimentation ponds, and stockpiling shall not be conducted closer than 150 feet to the right-of-way line of any existing or platted street, road, or highway, except that mining may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road, or highway. Any area excavated along a street, road, or highway within the 150-foot setback shall be backfilled within 12 months after completion of excavation to result in elevation in substantial conformity to the adjoining street, road, or highway. The setback area shall not be used for any use in conjunction with the mining operations, except access roads, directional signs, public notice signs identifying quarry, business sign identifying occupant, and landscaping. No mining operation shall have its outer boundaries nearer than 1,000 feet from the nearest property line of any church, school or public building.

(Comp. Ords. 1985, § 25.456(A))