ORDINANCE - Amending UDO Article 4 Article 4 Mining and Quarrying 6-3-19

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4.16.4 APPROVAL PROCEDURES 4.16.4.1 An application for a MSUOD shall be considered an Initiation of a Zoning Map Amendment and shall be processed in accordance with Sections 3.3.2 through 3.3.4 of this Ordinance. 4.16.4.2 The exterior perimeter of the proposed MSUOD may not be located within: • One-half (1/2) mile of an existing school, library, day care facility, healthcare facility,park, and/or religious institution; or • One thousand (1,000) feet of an existing dwelling unit (located in a residential zoning district and not located on the same property as the use). 4.16.5 SPECIAL USE PERMIT 4.16.5.1 As noted in Section 4.16.2.2, a Special Use Permit is also required upon successful rezoning and application of a MSUOD. As such, application for the Special Use Permit shall be in accordance with Section 3.5 of this Ordinance. 4.16.5.2 To aid in the interpretation of the word"harmony" in Section 3.5.3.4 as applied to an application for Special Use Permit for mining and quarrying, the following guidelines may be used: • The operation will not constitute a substantial physical hazard to a neighboring residence, school, church,hospital, commercial, or industrial building, public road,or public property; • The operation will not have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area; • The operation will not have an adverse effect on public, community, or private water supplies, surface or ground waters, including but not limited to water supply watershed areas as designated in the Watershed Protection Map of Lee County,North Carolina. 4.16.5.3 A special use approval granted by the Board of Adjustment will not become effective until a mining permit, if required by the North Carolina Department of Environmental Quality, and all other state and federal permits required for mining are issued. 4.16.5.4 If the applicant makes a material and substantial change to the Site Plan or any of the other components submitted to the Board of Adjustment, a new special use permit application shall be submitted to the Board of Adjustment. 4.16.5.5 A special use permit will automatically expire if, at any time after it is approved by the Board of Adjustment, the state mining permit is revoked or terminated and may be reactivated upon reissuance of the state mining permit unless there is a material and substantial change requiring a new special use permit application according to Section 4.16.5.4 above. 4.16.5.6 APPLICATION REQUIREMENTS 4.16.5.6.1 The special use permit application shall also include two (2) copies of all other applications for federal and state permits required for mining. Such copies shall be complete and include all required supporting documentation as required for said permits. 3