3/20/2019 12:31:30 PM
9/30/2015 4:09:06 PM
State Filed Date
Mining and Excavation
Codified or Exempt
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ORDINANCE NO. 86 - 20 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25, <br />GENERAL PROVISIONS, OF APPENDIX A OF THE CODE OF LAWS <br />AND ORDINANCES, KNOWN AS THE ZONING CODE, BY RECREATING <br />SUBSECTION 25 (R) MINING AND EXCAVATION; PROVIDING FOR <br />CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. <br />WHEREAS, Indian River County previously had a Mining and <br />Excavation ordinance contained in subsection 25 (R) of the <br />General Provision section of the Zoning Code; and <br />WHEREAS, the General Provisions section of the Zoning Code <br />underwent a comprehensive amendment through the enactment of <br />Ordinance No. 85-44; and <br />WHEREAS, Ordinance No. 85-44 indicated that subsection 25 <br />(R) would be reserved rather than be retained; and <br />WHEREAS, it was not the intent of, the Board of County <br />Commissioners to repeal subsection 25 (R): Mining and Excavation, <br />through the enactment of the Ordinance No. 85-44; and <br />WHEREAS, the Board of County Commissioners desires to <br />regulate Mining and Excavation activities; <br />NOW, THEREFORE, BE IT ORDAINED by the Board of County <br />Commissioners of Indian River County, Florida, that: <br />SECTION 1 <br />That subsection 25 (R) of the General Provisions section of <br />the Zoning Code is recreated as follows: <br />(r) Mining and excavation. <br />(1) Definition. For the purpose of this ordinance, <br />"sand mining" shall mean the digging, stripping or <br />removal by any process of natural materials or <br />deposits from their natural state and location, <br />said materials and deposits to include rock, <br />stone, minerals, shell, sand, marl, muck, and <br />soil, but not including sod. Sand mining as used <br />herein shall not include digging for foundations, <br />fences, drainage ditches, structures or incidental <br />to construction work, wherein no materials are <br />removed from the premises, except surplus not <br />required for backfill or grading of the premises. <br />Mining shall be further defined to include oil <br />and/or natural gas drilling or excavation. <br />(2) Intent. The process of hydraulic mining lends <br />itself to an operation that need have little <br />effect or no adverse effect on ecological, <br />environmental or pollution characteristics. The <br />following is criteria to be considered in mining <br />or excavation activities as defined under the <br />Indian River County Ordinance # 85-45: <br />
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