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4 .
<br /> ORDINANCE NO. 95- 301
<br /> AN ORDINANCE CLARIFYING CITY ORDINANCES REGARDING
<br /> THE OPERATION OF ROCK CRUSHERS WITHIN THE
<br /> AGRICULTURAL DISTRICT OF THE CITY.
<br /> WHEREAS, Hugo City Code Chapter 320-4 , Subd. C (3) , provides
<br /> that an "excavating business for sand, gravel, black dirt or rock"
<br /> can be conducted with a Special Use Permit in the City' s
<br /> Agricultural District; and,
<br /> WHEREAS, Hugo City Code Chapter 320-4 , Subd. L (3) , provides
<br /> that the operation of a "black-top or crushing plant for highway
<br /> materials" can be conducted with a Special Use Permit in the City' s
<br /> Industry District; and,
<br /> WHEREAS, while the Agricultural District regulations do not
<br /> specifically permit any rock crushing to occur, the City' s mining
<br /> ordinance states that a mining operation may engage in rock
<br /> crushing. Specifically, Chapter 170-2 , Subd. B (4) , states that
<br /> "mining shall include the excavating, removal or storage and
<br /> processing including crushing, washing, compounding, or treating of
<br /> sand, gravel, rock, soil, clay and other natural deposits within
<br /> the community. " ; and,
<br /> WHEREAS, under general rules of ordinance interpretation, an
<br /> activity or facility, which is a permitted or special use in one or
<br /> more zoning districts, may not be permitted in any other zoning
<br /> district where it is not specifically permitted; and,
<br /> WHEREAS, there is no functional difference between the
<br /> crushing of material for highway uses or other construction
<br /> purposes; and,
<br /> WHEREAS, while the machinery or apparatus necessary to crush
<br /> "sand, gravel, rock, soil, clay and other natural deposits" are the
<br /> same apparatus as are necessary to crush recycled materials, the
<br /> Council is mindful that the City' s Mining Ordinance speaks in terms
<br /> of "natural deposits" ; and,
<br /> WHEREAS, the Council believes the Ordinances are somewhat
<br /> confusing, and that it would be desirable to establish a clearer
<br /> standard for the interpretation of City Ordinance; and,
<br /> WHEREAS, rock crushers generate substantial noise, dust and
<br /> vibration during their operation; and,
<br /> WHEREAS, it is desirous to protect the peace and repose of
<br /> residential property from the uncontrolled operation of rock
<br /> crushers; and
<br /> • WHEREAS, the Council is mindful of the fact that an excavating
<br /> business is a special use within an Agricultural District, and that
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