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HomeMy WebLinkAbout1995.07.05 ORD 1995-301 4 . ORDINANCE NO. 95- 301 AN ORDINANCE CLARIFYING CITY ORDINANCES REGARDING THE OPERATION OF ROCK CRUSHERS WITHIN THE AGRICULTURAL DISTRICT OF THE CITY. WHEREAS, Hugo City Code Chapter 320-4 , Subd. C (3) , provides that an "excavating business for sand, gravel, black dirt or rock" can be conducted with a Special Use Permit in the City' s Agricultural District; and, WHEREAS, Hugo City Code Chapter 320-4 , Subd. L (3) , provides that the operation of a "black-top or crushing plant for highway materials" can be conducted with a Special Use Permit in the City' s Industry District; and, WHEREAS, while the Agricultural District regulations do not specifically permit any rock crushing to occur, the City' s mining ordinance states that a mining operation may engage in rock crushing. Specifically, Chapter 170-2 , Subd. B (4) , states that "mining shall include the excavating, removal or storage and processing including crushing, washing, compounding, or treating of sand, gravel, rock, soil, clay and other natural deposits within the community. " ; and, WHEREAS, under general rules of ordinance interpretation, an activity or facility, which is a permitted or special use in one or more zoning districts, may not be permitted in any other zoning district where it is not specifically permitted; and, WHEREAS, there is no functional difference between the crushing of material for highway uses or other construction purposes; and, WHEREAS, while the machinery or apparatus necessary to crush "sand, gravel, rock, soil, clay and other natural deposits" are the same apparatus as are necessary to crush recycled materials, the Council is mindful that the City' s Mining Ordinance speaks in terms of "natural deposits" ; and, WHEREAS, the Council believes the Ordinances are somewhat confusing, and that it would be desirable to establish a clearer standard for the interpretation of City Ordinance; and, WHEREAS, rock crushers generate substantial noise, dust and vibration during their operation; and, WHEREAS, it is desirous to protect the peace and repose of residential property from the uncontrolled operation of rock crushers; and • WHEREAS, the Council is mindful of the fact that an excavating business is a special use within an Agricultural District, and that rock crushing is to be considered incidental to that use . As such, the Council believes it is desirous to limit the amount of material being brought on site so as to preserve the meaning of the "black- top or crushing plant special use which is designated for the Industry District . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES HEREBY ORDAIN: Hugo City Code, Chapter 320-4 , Subd. C is hereby amended to add a subparagraph (4) as follows : " (4) Rock Crushers . Pursuant to Chapter 170 of the City Code, rock crushers shall be permitted as incidental uses in mining operations, within the Agricultural District . The operation of the rock crushers shall be subject to reasonable terms and conditions in the Special Use Permit (and in the Mining Permit) issued for the mining site and subject to the following additional conditions : a . the rock crusher is located on the mining site, b. the majority of the material processed, in each calendar year, is mined or excavated from the site; and, c . the rock crusher is located no closer than 1, 000 feet from any inhabited dwelling, or, no closer than 500 feet from an inhabited dwelling if a berm is constructed (as approved by the City Engineer) which berm shall buffer the sound from the crushing machine . Any such berm must be built to be no less than 12596 the height of the crushing machine . " This Ordinance shall be effective from and after its adoption and publication according to law. Whereupo said Ordinance was declared passed and adopted this 5 day of , 1995 . 4or A Fra %.n ATTEST: /7 - 4-74. / Mary , Creager, Cid/Clerk 2 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated CITY OF HUGO agent and an employee of the newspaper known as The White Bear ORDINANCE NO.95-301 Press, and that I have full knowledge of the facts which are stated AN ORDINANCE CLARIFYING CITY ORDINANCES REGARDING THE below: OPERATION OF ROCK CRUSHERS WITHIN THE AGRICULTURAL DISTRICT OF THE CITM (A)The newspaper has complied with all of the requirements constitut- WHEREAS, Hugo City Code Chapter 320- ingqualificationqualified newspaper, asprovided byMinnesota 4, Subd. C(3), provides that on "excavating as a business for sand,gravel,black dirt or rock"can Statute 331A.02, 331A.07, and other applicable laws, as amended. be conducted with a Special Use Permit in the City's Agricultural District;and, (B)The Printed PUBLIC NOTICE WHEREAS, Hugo City Code Chapter 320- 4, Subd. L(3), provides that the operation of a "black-top or crushing plant for highway materi- als" can be conducted with a Special Use which is attached was cut from the columns of said newspaper, and Permit in the City's Industry District;and, WHEREAS, while the Agricultural District regulations do not specifically permit any rock was printed and published once each week, for ONE successive weeks; crushingaoccur, tg e Ctmining engage in it was first published on WEDNESDAY , the 12 day of states that a mining operation may engage in rock crushing., Specifically, Chapter 170-2, JULY 19 95 , and was thereafter printed and published on Subd. B(4), states that "mining shall include crushing, washing, compounding, or treating of sand, gravel, rock, soil, clay and other natural every to and including depositsWwithin thunder general ;and, the dayof19 ; and printed below is a WHEREAS, under general rules of ordi- , nance interpretation,or activity or facility,which is a permitted or special use in one or more copy of the lower case alphabet from A to Z, both inclusive, which is zoning districts, may not be permitted in any other zoning district where it is not specifically hereby acknowledged as being the size and kind of type used in the permitted;and, WHEREAS,there is no functional difference composition and publication of the notice: between the crushing of material for highway uses or other construction purposes;and, WHEREAS,while the machinery or appara- tus necessary to crush"sand,gravel,rock,soil, clay and other natural deposits"are the same BY: 401' dr AMP' apparatus as are necessary to crush recycled materials,the Council is mindful that the City's TITLE: Publisher Mining Ordinance speaks in terms of"natural deposits";and WHEREAS, the Council believes the Ordinances are somewhat confusing,and that it Subscribed and sworn to before me on would be desirable to establish a clearer stan- dard for the interpretation of City Ordinance; this day • and, _ MAVIS PETERSON WHEREAS, rock crushers generate sub- NOTARY PUBLIC-MINNESOTA stantial noise, dust and vibration during their ,/ operation;and, -'V 17VWASHINGTON COUNTY' MyCommission Expires Jan.31,2000 WHEREAS, it is desirous to protect the P peace and repose of residential property from Notary 'Llblic, 'arnsey oun y, 'f inn. the uncontrolled operation of rock crushers; and, WHEREAS, the Council is mindful of the My commission expires JAT\T[IARY 31 , fact that an excavating business is a special use within an Agricultural District,and that rock crushing is to be considered incidental to that use.As such,the Council believes it is desirous RATE INFORMATION to limit the amount of material being brought on site so as to preserve the meaning of the (1)Lowest classified rate paid by "black-top or crushing plant"special use which 3.10 is designated for the Industry District. commercial users for comparable NOW, THEREFORE THE CITY COUNCIL space. (Line, word, or inch rate) OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES HEREBY ORDAIN: (2)Maximum rate allowed by law for $ 3.10 Hugo City Code,Chapter 320-4,Subd.C is (Line, word, or inch rate) hereby amended to add a subparagraph(4)as the above matter. follows: "(4) Rock Crushers, pursuant to Chapter 170 of the City Code, rock crushers shall be (3)Rate actually charged for the permitted as incidental uses in mining opera- above matter. (Line, word, or inch rate) tions,within the Agricultural District.The opera- tion of the rock crushers shall be subject to rea- sonable terms and conditions in the Special Use Permit(and in the Mining Permit)issued for the mining site and subject to the following addi- tional conditions: a.the rock crusher is located on the mining site, b.the majority of the material processed,in .ach calendar year,is mined or excavated from he site;and, c.the rock crusher is located no closer that 1,000 feet from any inhabited dwelling, or, no ;loser than 500 feet from an inhabited dwelling f a berm is constructed (as approved by the ;ity Engineer) which berm shall buffer the round from the crushing machine. Any such term must be built to be no less than 125%the teight of the crushing machine." This Ordinance shall be effective from and ifter its adoption and publication according to SW. Whereupon said Ordinance was declared rassed and adopted this 5th day of July,1995. Fran Miron ATTEST: Mary Ann Creager,City Clerk Published in the White Bear Press July 12, .995.