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ARTICLE 3: USE ZONES

SECTION 303.04 LIMITATIONS ON USES

In the Rural Residential Zone, where development is to occur adjacent to land zoned Surface Mining.

A. Notwithstanding other provisions of the Baker County Comprehensive Plan and the Baker County Zoning and Subdivision ordinance, the following uses are not allowed within 1/4 mile of an area zoned Surface Mining.

1) Public or private schools.

2) Rest homes or nursing homes.

3) Other activities which would be adversely affected by dust/noise originating from surface mining activities.

B. Prior to the issuance of a building permit for a dwelling, the applicant shall plant fast growing vegetation on the property line adjoining land zoned surface mining.

C. The developer of property adjacent or immediately across the road from a surface mining zone shall not construct a dwelling or other living quarters less than 100 feet from the surface mining property line.

D. Before a permit for development of lands located within a 1/4 mile radius of a Surface Mining Zone is issued, the owner of such land shall record an Acknowledgement of Adjacent Land Use (AALU) form with the property deed. The AALU form will be provided to the property owner by the Planning Department and shall be recorded with the Baker County Clerk. By filing this acknowledgement the property owner recognizes the activity and the right of the extraction process to occur on lands zoned Surface Mining.
SECTION 304 RECREATION RESIDENTIAL ZONE (RR-1)

In the RR-1 zone the following regulations shall apply.