HomeMy WebLinkAboutORD 7011 AMENDED BY DELETING THE CURRENT LANGUAGE SECT 7-2 COMP ZONING ORDINANCE
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ORDINANCE 7tl'lf
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by
the Augusta-Richmond County Commission effective September 16, 1997
by amending Section Sections 7, 24, and 26 to allow mining and related
activities in HI (Heavy Industry) Zones by right and in any zone by Special
Exception if certain criteria are met.
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the
current language in Section 7-2 in its entirety:
7-2 The following Special Exceptions shall apply in an A zone and may be permitted
upon approval of location by the Augusta-Richmond County Planning
Commission:
(a) Mineral exploration provided that the activity is conducted in a
manner which minimizes disturbances of the land and the work is
completed within two (2) years of the date of approval granted by
the Augusta-Richmond County Planning Commission. Any time
during said two (2) year period or within 30 days thereafter, the
owner or his agent shall file a certificate with the Executive
Director of the Augusta-Richmond County Planning Commission
stating either that the right to excavate for minerals is relinquished
or that the right to so excavate is retained.
(1) Excavation of mineral deposits from land and incidental
operations thereto for which a Special Exception for
mineral exploration has been obtained shall be permitted
after the owner has first submitted and obtained approval of
the Executive Director of the Augusta- Richmond County
Planning Commission concerning each of the following:
A Mined Land Use Plan as defined and required by
the Georgia Surface Mining Act of 1968, as the
same may be hereafter amended.
A copy of the license authorizing the excavation of
mineral deposits as required by the Georgia Surface
Mining Act of 1968.
Name and address of the operator of the mining
operation.
Location Map showing the general location of the
property involved and the number of acres within
the site.
A copy of the bond as required by the Georgia
Surface Mining Act.
Evidence that the Mined Land Use Plan has been
approved by the Surface Mined Land Use Board
pursuant to the Georgia Surface Mining Act of
1968.
After the submission of the information as required
above, the Executive Director of the Augusta-
Richmond County Planning Commission shall issue
a letter to the operator acknowledging compliance
and authorizing commencement of the mining
operation. Nothing herein contained is intended to
require a permit solely for the purpose of mineral
exploration so long as such exploration is restricted
to the removal of limited amounts for exploratory
purposes and not sold, processed for sale, or
consumed in the regular operation of business.
(2) Buildings incidental to the excavation, processing and sale
of minerals upon approval of the site plan by the Executive
Director of the Augusta-Richmond County Planning
Commission.
SECTION II. That the Comprehensive Zoning Ordinance is amended by deleting the
current language in Section 24-1 (d)(21) "Quarry or stone mill" and replacing it with.
"Excavation of mineral deposits including but not limited to stone, sand, clay, gravel, and
operations incidental thereto".
SECTION III. That the Comprehensive Zoning Ordinance is amended by deleting the
current language in Section 24-1 (d) (22) "Rock, sand, or gravel distribution, storage,
excavation, or crushing" in its entirety.
SECTION IV. That the Comprehensive Zoning Ordinance is amended by adding to
Subsection 26-1 :
(q) Excavation of mineral deposits including but not limited to stone, sand, clay,
gravel, and operations incidental thereto may be permitted subject to the following
criteria:
(1) Submission of a copy of a Mined Land Use Plan, pursuant to 391-3-3-
05 of the Georgia Environmental Rules, that has been submitted to the Georgia
Environmental Protection Division along with EPD's approval of the plan.
(2) Submission of a plat prepared by a Georgia Registered Land Surveyor
at the time of the application showing conformance to the following spacing
requirements:
(a) No activity under this Subsection shall be conducted within
300 feet of a residence
(b) No activity under this Subsection shall be conducted within
100 feet of an R-zone boundary unless a consent form provided by
the Planning Commission and signed by the affected property
owners is provided with the application.
(c) No activity under the Subsection shall be conducted within 50
feet of any property line unless a consent form provided by the
Planning Commission and signed by affected property owners is
provided with the application.
(3) Submission of supporting data at the time of application indicating
that the impacts of the proposed activity including but not limited to noise, vibration,
dust, stormwater, groundwater and aesthetics will not substantially diminish the quality
Done in Open Meeting under the Common Seal thereof this 51
day of
of life of the surrounding community. This data may be part of the Mined Land Use Plan
or it may be a separate submission.
SECTION V: All Ordinances or parts of Ordinance in conflict with the Ordinance are
hereby repealed.
'-f1 !57r ..9?td <LI'.J , 2007
APPROVED THIS t dayof 'IJ~ ,2007.
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MAYOR, A ST A COMMISSION
AUGUSTA, GEORGIA
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ERK OF 0 MISSION