30.32C.050 Provisions for subdivision of designated mineral resource lands and lands adjacent to mineral resource lands.
(1) Where the MRO coincides with the R-5 zone, residential subdivision is prohibited on any parcel, or portion of a parcel, located within the MRO, except as provided by a development agreement under SCC 30.32C.250. Where the MRO covers only a portion of a parcel zoned R-5, that portion of the parcel not covered by the MRO may be subdivided subject to the requirements of SCC 30.32C.050(2).
(2) Residential subdivision of land partially designated with the MRO, as well as land adjacent to the MRO, shall be allowed on that portion of the land located outside of the MRO provided the owner:
(a) Uses rural cluster subdivision methods consistent with chapter 30.41C SCC;
(b) Protects the mineral resource deposit for future resource use by adequate setbacks pursuant to SCC 30.23.110(27); and
(c) Includes open space configured to maximize preservation of the mineral resources and provide buffers between the MRO designation and residential uses. The option to utilize such open space for mineral operations shall be preserved as provided in SCC 30.41C.100. (Added by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 07-090, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.32C.150).