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ORDINANCE NUMBER 07-03 AN ORDINANCE AMENDING SECTION 8.5 OF THE ZONING ORDINANCE GOVERNING THE OPERATION AND REHABILITATION OF EXTRACTIVE USES The City Council of the City of Pequot Lakes does ordain as follows: Section 1. Purpose and Intent: The purpose and intent of this ordinance is to amend Section 8.5 of the Zoning Ordinance. Section 2. Amendment: Section 8.5 shall be amended to read as follows: 1. In all districts where permitted, as defined in Section 6.4 Extractive Use Overlay District, mining shall be permitted only by CUP. Such permit shall include as a condition: site plan, a completion plan, and a haul route plan with provision for road restoration as provide below. An approved extractive use CUP shall be used solely for the operations detailed in the permit. 2. All excavation and extraction shall conform to the following: A. Distance from property lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet from any property line, unless a greater distance is specified by the CUP where such is deemed necessary for the protection of adjacent property. This distance requirement may be reduced to 25 feet only with written consent of the owners of the affected adjacent non-residence property. Proof of said agreement shall be submitted as a part of the application and maintained in City files for all approved CUPs for extractive uses. Without such agreement, the buffer area may be used only under the following circumstances: i. The buffer area may contain the haul road if the City determines that, for safety purposes, the access to the use is best served in that area. ii. The haul road may be located in the buffer area to avoid wetlands or other sensitive environmental resources. iii. If authorized in an approved reclamation plan, one half of the buffer area may be used for the storage of topsoil and for final sloping. All topsoil storage areas shall be seeded to prevent erosion and dust. Berms, including those consisting of topsoil to be used for reclamation, may be placed in the buffer area, but they shall be seeded and mulched in a manner that prevents dust from blowing onto adjacent properties. B. Distance from public right-of-way. In the event that the site of mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way.