33.07.045 Mineral Resource Lands and Mineral Resource Land Overlay Districts

33.07.045 Mineral Resource Lands and Mineral Resource Land Overlay Districts.

(1) The purpose of this section shall be to protect, enhance and maintain those locations where there are mineral resources of long-term commercial significance in such quantities as are commercially sustainable for the planning period or a portion of the planning period.

(2) The following uses are allowed uses at parcels designated as either Mineral Resource Land or Mineral Resource Land Overlay Districts:

•Asphalt and concrete recycling performed in a manner meeting the requirements of the Clallam County Environmental Health Section and the State of Washington Department of Ecology

•Communication relay facilities (wireless communication facilities)

•Home-based industries, including storage and outbuildings, having a focus on outdoor recreation that utilize less than five acres of the subject parcel

•Importation of clean fill and sale of same

•Mineral extraction as defined in CCC 33.03.010 or removal of solid materials at any area which results in less than three acres of disturbed areas as that term is defined in State law, collectively “mining” solely for purposes of this section

•Nonresidential allowed uses and conditionally permitted uses listed in the County’s development regulations for the CF, CF 20 and CF 5 zones

•Primitive campgrounds

•RV parks in the western half of the Straits Regional Comprehensive Planning Area

•Single-family dwellings, but only as a use subsequent to mineral extraction (or creation of a disturbed area as defined in State law of under three acres) and completion of a reclamation plan approved by State DNR and only upon parcels or lots which were not part of a unified ownership of 320 acres or more located in the Commercial Forest zoning district as of the effective date of the ordinance codified in this section

•Temporary asphalt or concrete plants which operate for less than 120 days in any calendar year

(3) The following uses are authorized at parcels having Mineral Resource Land Overlay District status upon issuance of a conditional use permit:

•Asphalt batch plant operating more than 120 days in any calendar year

•Concrete plant operating more than 120 days in any calendar year

•Unclassified uses that would not hinder or prevent the extraction for commercial purposes of the mineral resource found at the parcel

(4) The following uses are prohibited:

•Any use not listed above

•Indoor and outdoor shooting ranges

(a) New mining (as that term is defined in subsection (2) of this section) operations proposed to occur at a site without any Chapter 27.12 CCC critical areas must obtain a special use permit.

(b) New mining (as that term is defined in subsection (2) of this section) operations proposed to occur at a site containing any Chapter 27.12 CCC critical areas must obtain a certificate of compliance to assure the proposal has complied with Chapter 27.12 CCC.

(c) If Clallam County enacts a stormwater or clearing and grading ordinance in the future, then any application made for a new mining (as that term is defined in subsection (2) of this section) operation submitted after the effective date of such a stormwater or clearing and grading ordinance shall be required to comply with the terms and conditions of that later-adopted ordinance(s) but will not be required to obtain either a special use permit or a certificate of compliance.

Rule	For land having Mineral Resource Land co-designation only – Score ≥ 100	For land having Mineral Resource Land Overlay District overlay in place. Only applies if Score ≥ 150
Maximum Residential Density	Apply rule from the pre-existing zone.	One unit per 20 acres
Minimum Residential Lot Size	Apply rule from the pre-existing zone.	10 acres.
Maximum Lot Width Ratio	1:4	1:4
Minimum Residential Setbacks	Apply rule from the pre-existing zone.	Front, Side and Rear Yard = 130 feet, unless the lot < 10 acres and was legally created prior to the effective date of the ordinance codified in this section, in which case the setbacks = 50 feet.

(a) Land use activities allowed through a conditional permit should not be permitted unless the proposed activity is compatible with long-term mineral extraction.

(b) Verification that the property owner has legal access to the property shall be provided to Clallam County prior to issuance of any permits for single-family dwellings within this overlay district.

(c) Allowed industrial uses are those which cannot be sited in urban areas or rural industrial zones due to noise, odor, or operational characteristics. When locating in this overlay district, these uses must meet the following standards:

(i) Be self-contained in that extension of infrastructure is the minimum necessary to serve the facility and that no municipal sewer or water will be provided.

(ii) Require no upgrade to existing roads.

(iii) If located upon land designated CF, the use should be located at least one-half mile, but not less than one-quarter mile, from the edge of the Commercial Forest boundary.

(iv) Occupy no more than five acres out of the parcel.

(d) Any combination of clubhouse and/or outbuildings must have a total footprint of less than 10,000 square feet and be located upon a parcel not less than 10 acres in size. (Larger multi-use facilities are provided for as a master planned resort.)

(8) Any surface mine operation undertaken on real property co-designated as Mineral Resource Land or possessing MRLOD status shall have the benefit of Chapter 27.10 CCC, Right to Practice Forestry, Mining or Agriculture.

(9) Any surface mine proposed for a parcel or site having a designation of MRLOD or MRL that would otherwise be required to obtain a conditional use permit before beginning mineral extraction at that parcel or site will not be required to obtain a conditional use permit but will be subject to any other applicable development regulations, including performance standards.

(10) The rules applicable to the underlying (existing) zoning designation for land co-designated as mineral resource land but also lacking the MRLOD designation shall control all activity on the co-designated real property, except as amended by this section. In case of conflict between the rules applicable in the underlying (existing) zone and this section, then this section shall be controlling.

(11) Performance Standards. All surface mines located upon land co-designated as Mineral Resource Land or within a Mineral Resource Land Overlay District shall conform to the following performance standards. Any of these performance standards may be waived by the County for a particular surface mine application based on an operations plan pursuant to CCC 33.62.070(4) submitted to the County and approved by the County.

(a) A 50-foot setback from all property lines, other than for access purposes onto public rights-of-way, shall be maintained for areas of direct cut or fill connected with resource extraction operations.

(i) These setbacks may be increased when necessary to protect lateral support of abutting properties or public rights-of-way.

(ii) These setbacks may be decreased by up to 50 percent when the surface mine operation is occurring on a parcel of five acres or less.

(iii) These setback requirements do not apply to a parcel or site having MRLOD designation if the site abuts another MRLOD-designated parcel or another operating and authorized surface mine along at least 25 percent of its outer boundary.

(b) A 25-foot screen on all property lines, consisting of sight-obscuring vegetation, or other methods to conceal the mine as approved by the County, shall be maintained.

(d) The setbacks listed in this subsection shall not be cumulative in nature with respect to any setbacks required by the State DNR reclamation permit for the same mine, meaning that in no event shall the setbacks simultaneously required of a particular mine by State DNR and the County exceed the setback amount required by the County.

(e) Prior to the commencement of surface mining, a fence shall be constructed and maintained enclosing the area authorized by the surface mining permit if public safety is in question. Fences shall be at least six feet in height.

(f) Gates the same height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress, and shall be kept locked when not in regular use.

(g) For surface mining operations, access onto any public right-of-way may be required to be surfaced in accordance with the County Engineering Division or State Department of Highways development standards as appropriate.

(h) In order to assure maintenance and development of adequate County roadways, owners of surface mining operations may be required to enter into a haul route agreement with the County Engineer upon adoption and implementation of a haul route agreement program.