Loading...
HomeMy WebLinkAboutCity Council Ordinance 1987-31CITY OF PLYMOUTH ORDINANCE NO. 87-31 AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE NUMBER 90-9, ADOPTED DUNE 16, 1980 AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO WASTE FACILITIES THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Zoning Ordinance. SECTION 4, Subdivision B., is hereby amended by the addition of the following: Gar trescible matter includ- similar materials resulting from the handling preparation, cooking, service and consumption of food, and other animal wastes. Rubbish -- Waste products which have composed wholly or partly of such materials as garbage, sweepings, swill, cleanings, trash, refuse, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals, fruit, or other ve etable or animal matter from kitchen dining room market food establishment or any place dealing or handling' meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood, metal, roofing materials, pipe or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials,. cans, used containers, boxes and packing materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles, auto parts, cement brick leaves burn barrels household appliances, furniture toys, floor cover- ings, fabric, drain oil, solvents and fluids, or other such substance which may become a nuisance. Waste Solid -- Any garbage,refuse rubbish and other discarded solid materials except animal waste used for fertilizer, Including solid waste materials resu IL tL16 Ing from industrial, commercial, and agricultural o rations, and from communit activities. Solid waste does not Include earthen fill, boulders, rock, and other materials normally handled in construction operations, solids or dissolved materials in domestic sewage or other s gni icant pollutants in water resources, such as silt dissolved or suspended solids in industrial waste water effluents dissoved materials in irrigation return flows. or other common water pollutants. Section 2. SECTION 4. Subdivision H is hereby amended in part to read as follows: [Hazardous] Waste Facility -- All property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing, disposal, [and/or] transfer and/or storage of hazardous and/or solid wastes, except property used pr RiMly for the manufacture of scrap metal or paper. [Hazardous] Waste facility includes but is not limited to transfer and storage stations, processing facilities, and disposal sites and facilities. Waste Facility does not include drop-off centers which are accessory to allowable uses and which are operated by a governmental unit, civic organization or similar non-profit group - expressly for the collection of recyc ab a waste IncLudLnq paper, clean glass a meta containers, and other eligible household wastes from individuals. Page two Ordinance No. 87-31 Section 3. SECTIONS., Subdivision D., is hereby amended in part to read as follows: 2. CONDITIONAL USES g.[Hazardous]Waste Faciities as regulated in Section 9. Section 4. SECTION 9., Subdivision D is hereby amended in part to read as follows: SUBDIVISION D -[HAZARDOUS] WASTE FACILITIES 1. Purpose. The provisions of this Section of the Zoning Ordinance are intended to provide the guidelines and requirements for the development and operation of [hazardous] waste facilities which the City Council by Resolution may authorize as conditional uses when such facilities are allowed by this Ordinance to protect the health, safety, and welfare of the community and to assure harmony with the Comprehensive Plan of the City. 2. Application Requirements. Applications for a [Hazardous] Waste Facility Conditional Use Permit shall be made by the owner or owners of the property and shall be filed with the Zoning Administrator. Owners may designate, in writing, an agent, such as the prospective developer or operator; the owner must, in all cases, sign the application. All applications shall be accompanied by an administrative fee as prescribed by City Code and shall include the following: d. The names and addresses on self-adhesive mailing labels of the owners of record of all property within[1,000] 1 320 feet of the boundaries of the site as the same appear on the record s-27IF"t-he Hennepin County Auditor. The certified list from the County shall be submitted. (4.) Building Design and Special Equipment. (b) Location and description of equipment utilized in handling, proces- sing and containment of[hazardous]wastes. f. Description of Facility Management and Operations, including, but not limited to the following: (1.) Operation of Facility. (a) A description of the process (incineration, chemical processing, dis- posal,[andlor] transfer,[and] storage, and/or physical separation). (5.) Operator Credentials. (a) Operator's management experience with comparable[ hazardous]waste facility. Page three Ordinance No. 87-31 (b) Operator's net worth, and bonding capacity; demonstrating compli ance with applicable Federal standards as set forth in Code of Federal Regulations such as, but not limited to (CFR) 40, Parts 123, 264, and 2.65. (c) References from persons familiar with operator's[hazardous] waste facility management experience. 3. Procedure Before any[ hazardous] waste facility may be approved, the complete application shall be evaluated in the following manner: 4. Development Standards and Performance Criteria. The Development and operation of a[ hazardous] waste facility shall be subject to the applicable following special standards and criteria: 1. No outside storage of materials, facilities lnvolv!M hazardous wastes; wastes shall be enclosed and/or screened containers, or trash disposal outside facilities involving other m. All loading or unloading of[hazardous]waste materials within buildings. o. Current inventory of[hazardous]waste materials, by type and location, posted at main entrance of site. All hazardous waste materials shall be clearly designated. 5. General Regulations e. Withdrawal: The application for a[Hazardous]Waste Facility Conditional Use Permit may be withdrawn by the applicant at any time during the approval process. 6. Enforcement. The Zoning Administrator shall be responsible for assuring that[Hazardous]Waste Facilities authorized by the City Council are in compliance with conditions assigned by the permit, this Ordinance and City Codes, and other applicable regulations. Enforcement shall be as set forth in Subdivision A of this Section. 7. Review and Renewal. [Hazardous] Waste Facilities which have been authorized by the City Council are subject to periodic review by the Zoning Administrator. Those permits which specify periods of review and renewal as a condition of the permit shall be administered in the manner set forth in Subdivision A of this Section. 8. Revocation. The Planning Commission may recommend, and the City Council may direct the revocation of any[ Hazardous] Waste Facility Conditional Use Permit for cause, upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this Ordinance, City Codes, and other applicable regulations, as set forth in Subdivision A of this Section. Page four Ordinance No. 87-31 9. Permit Amendment. Persons to whom Conditional Use Permits for[Hazardous]Waste Facilities have been issued may propose amendments to the permit at any time subject to the require- ments and procedures for permit amendment as set forth in Subdivision A of this Section. 10. Expiration. b. In any instance, where an existing and established[ Hazardous ]Waste Facility Is abandoned or closed for a period of six months, the Conditional Use Per- mit related thereto shall expire six months following the date of abandon- ment or closure as determined by the Zoning Administrator. Section 5. Effective Date. This Ordinance shall take effect upon its passage and publication. Adopted by the City Council this 26th day of October I � '_/4��`/ I le�_ Mayor ATTEST City Clerk , 1987.