Chapter 2.5
SURFACE MINING ZONING DISTRICT (SM)

Sections:

2.5.100    Purpose and Applicability.

2.5.200    Permitted and Conditional Uses.

2.5.300    Development Standards.

2.5.400    Site Plan Review.

2.5.500    Site Plan Requirements.

2.5.600    Special Requirements Near Residential Areas.

2.5.700    Procedure for Site Plan Review.

2.5.800    Approval of Site Plan.

2.5.900    Failure to Comply.

2.5.1000    Exceptions.

2.5.100 Purpose and Applicability.

A.    The purpose of the Surface Mining (SM) Zoning District is to allow the extraction of surface mining materials needed by the community while protecting the health and safety of adjoining residents and uses.

B.    Applicability. The standards of this chapter apply to all development in the SM Zoning District.

[Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.200 Permitted and Conditional Uses.

In the SM District, the following uses and their accessory uses are permitted outright or conditionally allowed subject to the provisions of this chapter:

Table 2.5.200 – Permitted and Conditional Uses 

Land Use

SM

Industrial

 

Rock crushing, processing, washing and sizing

P

Extraction of materials including: sand, gravel, rock, cinders, pumice, topsoil, fill material (including select fill) and any other mineral or aggregate material

P

Landfill**

C

Utilities (above ground)

C

Ore smelter***

C

Other related activities using materials found primarily on site, such as concrete batching plants and mineral refining plants

C

Accessory uses and structures

P

Residential

 

One caretaker unit shall be permitted for each development*

Other residential uses are not permitted; however, residences existing prior to August 7, 2006, may continue subject to the standards in BDC Chapter 5.2, Nonconforming Uses and Developments

P

Commercial

 

Sale of products produced on site

P

Miscellaneous Uses

 

*Small hydroelectric facility

P

Wireless and broadcast communication facilities

See BDC Chapter 3.7

Key to Table

P = Permitted Use

C = Conditional Use

(*) = Special standards for certain uses

(**) = When a written tentative approval by DEQ is submitted with the conditional use application

(***) = Using materials from the site subject to all applicable pollution controls

[Ord. NS-2264, 2016; Ord. NS-2195, 2013; Ord. NS-2158, 2011; Ord. NS-2016, 2006]

2.5.300 Development Standards.

In a SM District, the following standards apply:

A.    Lot Size. The minimum lot size shall be as determined by the Development Services Director to be necessary for the protection of the public health, safety and welfare.

B.    Setbacks.

1.    Uses within a SM District shall be set back 100 feet from the property line when adjacent to a Residential Zoning District.

2.    The applicant shall provide the minimum setback required by this code for an adopted Upland Area of Special Interest, River Corridor Area of Special Interest or other identified Goal 5 resources or greater as determined necessary to protect and preserve the identified feature. The applicant shall demonstrate that the proposed setback is large enough to prevent any adverse impact to the resource. [Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.400 Site Plan Review.

In a SM Zone, a permitted or conditional use is subject to the provisions of this chapter. Before development of a new site or expansion of an existing site beyond the area covered by an existing State or County permit may begin, a Site Plan Review application, in conformance with BDC Chapter 4.2, shall be approved by the Development Services Director. Construction and development of the site shall be in conformance with the approved site plan. [Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.500 Site Plan Requirements.

In addition to the submittal requirements of BDC Chapter 4.2, the Site Plan Review application shall provide the following:

A.    A reclamation plan, which meets the guidelines and in a format established by Department of Geology and Mineral Industries (DOGAMI).

B.    A maintenance program. All buildings, structures and equipment used for the production and processing of minerals and other materials affected by this title shall be maintained in such a manner as to assure that such buildings, structures and equipment will not become dilapidated or hazardous. The reclamation plan shall also address disposition of buildings, structures and equipment used in production and processing of minerals and other materials, offices, storage garage and watchman’s house or any remains of any structures and equipment.

C.    Air, water and noise requirements. Air and water quality and noise level shall be in accordance with the requirements of State and Federal laws and regulations and City codes.

D.    A complete description of all planned uses.

E.    The Development Services Director may require the following at the time of Site Plan Review approval:

1.    An increase or decrease in required setbacks.

2.    Screening of the proposed use, or parts thereof, by fencing or landscaping.

3.    Limitations on lighting.

4.    An adequate plan for phased mining and reclamation of the site.

5.    Restrictions on the hours, days and noise levels of operation.

6.    Dust-free site access roads near residential areas.

7.    Adequate water supplies to enable landscaping reclamation and dust control conditions are to be met. [Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.600 Special Requirements Near Residential Areas.

A.    Unless the applicant can show that the natural topography of the site offers sufficient screening of the site from public view, the exposed side of the operation shall be screened with landscaped berms, hedges, walls, fences or similar devices to effectively screen the site from the public.

B.    If necessary, the Development Services Director may determine that meeting screening requirements is not economically feasible or physically possible.

C.    When an unusually high level of conflict between the proposed SM use and surrounding uses exists, off-site stockpiling and/or processing may be required. [Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.700 Procedure for Site Plan Review.

Site plan review applications shall be reviewed for compliance with the criteria of BDC Chapter 4.2 and this chapter following a Type II review process.

The City’s decision shall also be based on the impact of the proposed use on nearby uses of land, the impact of traffic on affected public facilities and the economic, social and environmental impact on the community. [Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.800 Approval of Site Plan.

Subsequent to receiving Site Plan Review approval, operation of the approved use is valid for a period of time specified by the reclamation plan. A bond or security deposit in a form satisfactory to the City shall be required to cover costs plus 20 percent of reclamation and other pertinent conditions. [Ord. NS-2195, 2013; Ord. NS-2016, 2006]

2.5.900 Failure to Comply.

A.    If the Development Services Director determines that the permittee is not in compliance with the Site Plan Review approval, he or she may institute enforcement proceedings to require such compliance. Enforcement may include citing the permittee to Municipal Court, injunctive proceedings, enforcement of any bond provisions or other appropriate legal recourse.

B.    If a permittee fails to faithfully perform the reclamation required by his reclamation plan, or if the bond or security deposit required by this section is not sufficient to compensate the City for all reasonable necessary expenses incurred by it in performing the reclamation plan, the amount due shall be a lien upon all property, whether real or personal, owned by the permittee. [Ord. NS-2251, 2015; Ord. NS-2195, 2013; Ord. NS-2016, 2006. Formerly 2.5.1000]

2.5.1000 Exceptions.

This chapter shall not apply to the following:

A.    Mineral and aggregate activities when assumed by the Oregon Division of State Lands pursuant to ORS 541.605 through 541.660.

B.    Dredging mineral and aggregate materials administered by Oregon Division of State Lands pursuant to ORS 517.611 through 517.700.

C.    Nothing in this chapter shall be construed to supersede the provisions of the Forest Practices Act (ORS 527.610 through 527.730), as amended by Chapter 400, Section I of Oregon Laws of 1979 and regulations which preempt City law. [Ord. NS-2195, 2013; Ord. NS-2016, 2006. Formerly 2.5.1100]