§ 33-422. Uses Permitted by This Article.

(1)

The rockmining uses permitted by this Article include:

(a)

All rockmining, including lake excavations; quarrying of raw materials; rock crushing and screening; filling of excavations with rockmining tailings; the erection, maintenance and operation of all types of equipment necessary for the quarrying of raw materials; administrative offices, equipment and tool buildings, and watchman's prefabricated modular buildings necessary for the rockmining uses permitted by this Article.

(b)

Uses ancillary to bona fide rockmining, provided that the rockmining uses and uses ancillary thereto are under common property ownership, which, for purposes of this Article, shall consist of fee-simple title or a lease of 25 years or more.

(i)

the erection, maintenance and operation of cement plants; concrete batching plants or ready mixed concrete plants; concrete block plants; prestressed and precast concrete production plants; rock crushing and screening plants; asphalt plants but only in areas located outside any wellfield protection area as defined by Chapter 24 of this Code and in areas, as of the date of filing of an application for a certificate of use for such asphalt plant, more than two miles from any RU or EU zoning district boundary; office, control and laboratory buildings attendant to the uses set forth herein; operation of storage facilities for all equipment used in rock mining on premises attendant to the uses set forth herein; cargo containers, conveyor belt and/or other systems or equipment for the transportation of raw materials, repair facilities for the service of all equipment used on the premises and necessary for the service and operation of equipment used in connection with rockmining uses permitted by this Article; and the storage of fuel, oil, and lubricants necessary for the service and operation of equipment used in connection with rockmining uses permitted by this Article and to the extent authorized by Chapter 24 of this Code; and office, control and laboratory buildings required for the operation of the facilities described above.

The 2-mile distance requirement for asphalt plants shall be measured by following a straight line from the nearest structure of the asphalt plant to the nearest point of an EU or RU district boundary, as depicted on a survey prepared and sealed by a Florida-licensed surveyor and/or professional engineer.

(ii)

the outdoor storage of vehicles and lake excavation equipment required for the rockmining uses permitted by this Article, subject to the following conditions: the vehicles and equipment shall be maintained in operable condition at all times, except as otherwise provided herein, and further provided that such vehicle and equipment storage areas shall be setback a minimum of 25 feet from all property lines under different ownership and rights-of-way; and the maintenance, repairs or overhaul performed on equipment or vehicles required by the rockmining uses permitted by this article shall be in accordance with best management practices as approved by DERM.

(c)

Uses ancillary to rockmining requiring approval after public hearing provided; however, that such application for public hearing shall be made directly to the Board of County Commissioners pursuant to Section 33-314(C) of this Code:

(i)

the erection, maintenance and operation of tile and other concrete products processing and fabrication plants;

(ii)

the erection, maintenance and operation of asphalt plants located within any wellfield protection area as defined by Chapter 24 of this Code or within two miles of any RU or EU zoning district boundary in existence as of the date of filing of an application for certificate of use for such asphalt plant.

(2)

Nothing in this article shall be construed to prohibit uses within the ROZA that are otherwise permitted by this chapter or permitted by zoning action.

(3)

For the purposes of this article, "bona fide rockmining" means the commercial extraction of limestone and sand suitable for production of construction aggregates, sand, cement and road base materials for shipment offsite by any person or company primarily engaged in the commercial mining of any such natural resources.

(Ord. No. 04-163, § 2, 9-9-04; Ord. No. 10-09, § 2, 2-2-10; Ord. No. 17-32, § 1, 6-6-17)