Chapter 17.40
AR – AGGREGATE RESOURCE OVERLAY DISTRICT
Sections:
17.40.010 Description, purpose and application.
17.40.020 Permitted buildings and uses.
17.40.030 Buildings and uses permitted conditionally.
17.40.050 Building or structural height limitation.
17.40.070 Parking requirements.
17.40.080 Commercial excavation and removal standards.
17.40.090 Submission and bond requirements.
17.40.010 Description, purpose and application.
The AR aggregate resource overlay district’s purpose is to designate areas which because of their unique soils characteristics and location are suitable for the removal and processing of sand, gravel, shale, stone, loam, dirt, other earth products and aggregate resources for community construction requirements. The purpose in establishing this district is also to minimize the effect removal of these resources has on adjacent properties and waterways and to minimize danger of injury and health hazards in their processing.
The provisions and requirements of the AR aggregate resource overlay district apply in addition to the provisions and requirements of the basic district. In those instances where there is a conflict between the provisions and requirements in the AR aggregate resource overlay district with the provisions and requirements of the basic district, the provisions and requirements of the overlay district supersede.
These aggregate resource district provisions apply to any land area and in any zone which is designated as AR aggregate resource district. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.170), 1980].
17.40.020 Permitted buildings and uses.
In any zone where the zone symbol “AR” is located, only the following land uses are permitted, if said uses are permitted in such basic zone classification.
A. Parking area, private.
B. Parking area, public.
C. Parks, playgrounds, golf course, or driving ranges.
D. Feeding, breeding and management of livestock and dairy cattle.
E. Raising and harvesting crops.
F. Other agricultural or horticultural uses or any combination thereof.
G. Walkways, bike paths and roadways.
H. Public utilities as approved by the city recorder. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.171), 1980].
17.40.030 Buildings and uses permitted conditionally.
A. The planning commission or city council may grant a conditional use permit for buildings and uses in the basic zone in accordance with the standards and procedures in this district providing the site plan committee approves site plans submitted by the applicant for approval.
B. Commercial excavation and removal of sand, gravel, shale, stone, loam, dirt, other earth products and aggregate resources may be granted providing adequate plans in accordance with the standards in this district are approved by the site plan committee. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.172), 1980].
17.40.040 Yard regulations.
The yard regulations in the basic zone apply in circumstances where existing and proposed land uses permit. The site plan committee may approve more stringent setback standards based on submitted plans when the site plan committee determines the more stringent standard is required for the public health, safety or general welfare under Chapter 17.56 or 17.60 EPMC. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.173), 1980].
17.40.050 Building or structural height limitation.
The height limitations in the basic zone apply. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.174), 1980].
17.40.060 Lot regulations.
The lot regulations in the basic zone apply in circumstances where existing and proposed land uses permit. The site plan committee may approve more stringent lot standards based on submitted plans when the site plan committee determines the more stringent standard is required for the public health, safety or general welfare. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.175), 1980].
17.40.070 Parking requirements.
The parking and loading space requirements of the basic zone apply in circumstances where existing and proposed land uses permit. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.176), 1980].
17.40.080 Commercial excavation and removal standards.
In the aggregate resource overlay district, the following commercial excavation and removal standards and approvals are required:
A. Removal of sand, gravel, shale, stone, loam, dirt, other earth products and aggregate resources shall be performed in such locations and in a manner which does not endanger the public health, safety or general welfare.
B. Removal of soils and aggregate materials shall be done in such a manner as to not cause adjacent properties to be flooded or cause excessive dust or noise as determined by the city.
C. Removal of soils and aggregate materials shall be done in such a manner as to protect overhead or underground utilities, roadways on or adjacent to removal sites and adjacent property owners’ land.
D. Removal of soils and aggregate materials shall be done in such a manner as to provide acceptable visual screening of materials and sites.
E. Removal of soils and aggregate materials shall be done in such a manner as to not leave materials on public roads or streets.
F. Other standards as established by the site plan committee for protection of adjacent property owners.
G. Commercial removal of soils and aggregate materials shall only be done after approval of plans approved by the site plan committee and issuance of a permit of the city for such removal. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.177), 1980].
17.40.090 Submission and bond requirements.
An applicant seeking a permit for the commercial excavation and removal of soils and aggregate materials shall submit the following information and bond to the city of Eagle Point:
A. Application. The application shall contain the names, mailing addresses and phone numbers of the property owner of the proposed site and the persons to be excavating and removing soils and aggregate materials, along with other information as required by the city. The application and materials shall be filed with the city of Eagle Point.
B. Plans and Specifications. Plans and specifications shall be submitted showing:
1. The location of the premises, existing.
2. Existing and proposed drainages.
3. Proposed areas and dimensions for excavation of materials, storage locations, water holding ponds for washing.
4. Grading plan.
5. Proposed truck access routes.
6. Location of any underground or overhead utilities, drainage ditches and waterways and provisions for their protection.
7. Details of regrading and revegetation of the proposed site.
8. Visual screening methods and locations on the proposed site.
9. Approximate distance to adjacent houses, structures and roadways on adjoining properties.
10. Types of equipment to be used on the site and methods to be used to minimize noise and dust problems on adjacent properties.
11. Hours and times of excavation and removal operations.
C. Damage Bond or Deposit. A bond or cash deposit held in an escrow account shall be deposited with the city in an amount established by the city council. The bond or cash deposit shall indemnify damage to all properties adjacent to the excavations where damage is caused by failure to excavate according to provisions of the permit. The owners of adjacent properties shall be considered to be third party beneficiaries to the bond or cash held by the city. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.178), 1980].
17.40.100 Rights of immunity.
Nothing contained in these district regulations and standards is intended to waive any governmental immunity held by the city of Eagle Point. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (3.179), 1980].