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.
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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.
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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.
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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.