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ORDINANCE NO. 86 - 20 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25, GENERAL PROVISIONS, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY RECREATING SUBSECTION 25 (R) MINING AND EXCAVATION; PROVIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Indian River County previously had a Mining and Excavation ordinance contained in subsection 25 (R) of the General Provision section of the Zoning Code; and WHEREAS, the General Provisions section of the Zoning Code underwent a comprehensive amendment through the enactment of Ordinance No. 85-44; and WHEREAS, Ordinance No. 85-44 indicated that subsection 25 (R) would be reserved rather than be retained; and WHEREAS, it was not the intent of, the Board of County Commissioners to repeal subsection 25 (R): Mining and Excavation, through the enactment of the Ordinance No. 85-44; and WHEREAS, the Board of County Commissioners desires to regulate Mining and Excavation activities; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 That subsection 25 (R) of the General Provisions section of the Zoning Code is recreated as follows: (r) Mining and excavation. (1) Definition. For the purpose of this ordinance, "sand mining" shall mean the digging, stripping or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits to include rock, stone, minerals, shell, sand, marl, muck, and soil, but not including sod. Sand mining as used herein shall not include digging for foundations, fences, drainage ditches, structures or incidental to construction work, wherein no materials are removed from the premises, except surplus not required for backfill or grading of the premises. Mining shall be further defined to include oil and/or natural gas drilling or excavation. (2) Intent. The process of hydraulic mining lends itself to an operation that need have little effect or no adverse effect on ecological, environmental or pollution characteristics. The following is criteria to be considered in mining or excavation activities as defined under the Indian River County Ordinance # 85-45: