§ 10-107. Setbacks from residential property.

(a)

Established mining activities: The following mining operations shall be subject to a setback of two hundred fifty (250) feet from residential structures which have not been abandoned or one hundred (100) feet from the property line, whichever is greater, for primary mining activities and a setback of seventy-five (75) feet from the property line adjacent to residential structures for mining related activities:

(1)

Any mining operation for which a conceptual mine plan had been filed or approved as of the date of adoption of this article;

(2)

Any mining operation involving property which had been acquired by any mining entity before current residential uses were established.

Minor modifications to previously filed or approved conceptual plans shall not subject the mine to application of the more restrictive setback and buffer requirements of this division. The burden shall be on the operator to demonstrate entitlement to the setbacks established herein.

(b)

New mining activities: A setback of one thousand (1,000) feet from the property line shall be required for all primary mining activities conducted adjacent to both recorded and unrecorded subdivisions. A setback of one thousand (1,000) feet from a residential structure shall be required for all primary mining activities conducted adjacent to isolated rural residences.

A setback of two hundred fifty (250) feet from the property line shall be required for all mining related activities conducted adjacent to both recorded and unrecorded subdivisions. A setback of five hundred (500) feet from a residential structure shall be required for all mining related activities conducted adjacent to isolated residences.

(c)

All mining activities: Where a setback from residentially used property would preclude access to a mining area not within a setback, the applicant may utilize a reasonable corridor, approved both as to location and manner of use by the county, through the setback area, limited to the minimum space required and positioned as far from residentially used property as practical, for essential needs including dragline movement, power transmission lines, pipelines, and other utility services. Such uses shall be terminated and all equipment and installations shall be removed from the setback, as soon as possible after completion of mining activities in the area served by the corridor.

(Ord. No. 88-19, § 4-2, 9-20-88)