(a) Potentially incompatible industrial uses.
(1) A “potentially incompatible industrial use” listed in this subsection is permitted by SUP only in the IM district.
(2) The following main uses, activities, operations, and processes are hereby declared to be potentially incompatible industrial uses:
- Asphalt or concrete batching
- Bulk processing, washing, curing, or dyeing of hair, felt, or feathers
- Concrete crushing
- Fat rendering
- Foundries, ferrous or non-ferrous
- Grain milling or processing
- Leather or fur tanning, curing, finishing, or dyeing
- Metal or metal ore reduction, refining, smelting, or alloying
- Metal or metal product treatment or processing, including enameling, japanning, lacquering, galvanizing, or similar processes
- Petroleum or petroleum product refining
- Radioactive waste disposal services involving the handling or storage of radioactive waste, excluding hazardous waste management facilities as defined in this chapter
- Solvent extracting
- Slaughtering of animals, fish, or poultry
- Sugar refining
- Textile bleaching
- Wood or bone distillation
- Wood or lumber processing, including sawmills or planing mills, wood-preserving treatment, and similar processes
- Wood pulp or fiber reduction or processing, including paper mill operations
- Wool scouring or pulling
(3) Main uses that manufacture the following products are hereby declared to be potentially incompatible industrial uses:
- Asphalt or asphalt products
- Brick, tile, or clay
- Cement
- Charcoal, lampblack, or fuel briquettes
- Chemicals, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black or bone black, cleaning or polishing preparations, creosote, exterminating agents, hydrogen or oxygen, industrial alcohol, potash, plastic materials or synthetic resins, rayon yarns, or hydrochloric, picric, or sulphuric acids or derivatives
- Coal, coke, or tar products
- Excelsior or packing materials
- Fertilizers
- Gelatin, glue, or size
- Glass or glass products, including structural or plate glass or similar products
- Graphite or graphite products
- Gypsum
- Heavy metal casting or foundry products, including ornamental iron work or similar products
- Insecticides, fungicides, disinfectants, or related industrial or household chemical compounds
- Linoleum or oil cloth
- Lumber, plywood, veneer, or similar wood products
- Matches
- Miscellaneous metal alloys or foil, including solder, pewter, brass, bronze, or tin, lead, or gold foil, or similar products
- Paint, varnishes, or turpentine
- Paper
- Porcelain products, including bathroom or kitchen equipment, or similar products
- Raw plastic
- Rubber, natural or synthetic, including tires, tubes, or similar products
- Soaps or detergents
- Stone products, including abrasives, asbestos, stone screenings, and sand or lime products
(b) Specific uses.
(0) Alcoholic beverage manufacturing.
(A) Definition: An establishment for the manufacture, blending, fermentation, processing, and packaging of alcoholic beverages with a floor area exceeding 10,000 square feet that takes place wholly inside a building. A facility that only provides tasting or retail sale of alcoholic beverages is not an alcoholic beverage manufacturing use.
(B) Districts permitted: By right in industrial districts with RAR required. By SUP only in central area districts.
(C) Required off-street parking:
(i) Except as otherwise provided, one space per 600 square feet of floor area.
(ii) One space per 1,000 square feet of floor area used for storage.
(iii) One space per 100 square feet of floor area used for retail sales and seating.
(D) Required off-street loading:
SQUARE FEET OF MANUFACTURING OR STORAGE FLOOR AREA | TOTAL REQUIRED SPACES OR BERTHS |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Retail sales of alcoholic beverages and related items and tastings or sampling are allowed in accordance with Texas Alcoholic Beverage Commission regulations.
(ii) Except for loading, all activities must occur within a building.
(iii) Silos and containers of spent grain are allowed as outdoor storage. Containers of spent grain must be screened. All other outdoor storage or repair is prohibited.
(iv) If an SUP is required, silos and outdoor storage areas for spent grain must be shown on the site plan.
(v) Drive-through facilities are prohibited.
(1) Industrial (inside).
(A) Definition: An industrial facility where all processing, fabricating, assembly, or disassembly takes place wholly within an enclosed building.
(B) Districts permitted: If this use is "potentially incompatible" [See Subsection (a)], it is permitted by SUP only in the IM district; otherwise, it is permitted by right in industrial districts with RAR required.
(C) Required off-street parking: One space per 600 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Accessory outside storage is limited to five percent of the lot. Outside storage that occupies more than five percent of the lot is only allowed in a district where outside storage is permitted as a main use. For more information regarding accessory outside storage, see Section 51A-4.217. For more information regarding outside storage as a main use, see Section 51A-4.213.
(ii) Accessory inside retail sales may occupy up to 10 percent of the total floor area of the main use.
(1.1) Industrial (inside) for light manufacturing.
(A) Definition: A light industrial use where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices.
(B) Districts permitted: By right in CS and industrial districts.
(C) Required off-street parking: One space per 600 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Potentially incompatible industrial uses, as defined in this section, are prohibited as part of any activity, operation, or processing conducted under this use.
(ii) This use may not exceed 10,000 square feet of floor area.
(2) Industrial (outside).
(A) Definition: An industrial facility where any portion of the processing, fabricating, assembly, or disassembly takes place outside or in an open structure.
(B) Districts permitted: If this use is "potentially incompatible" [See Subsection (a)], it is permitted by SUP only in the IM district; otherwise it is permitted:
(i) by right in the IM district with RAR required; and
(ii) by SUP only in the IR district.
(C) Required off-street parking: One space per 600 square feet of floor area, plus one space per 600 square feet of outside manufacturing area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Accessory outside storage may occupy to 50 percent of the lot. Outside storage that occupies more than 50 percent of the lot is only allowed in a district where outside storage is permitted as a main use. For more information regarding accessory outside storage, see Section 51A-4.217. For more information regarding outside storage as a main use, see Section 51A-4.213.
(ii) Any portion of the building site containing this use that is adjacent to or directly across a street or alley from a district other than an IR or IM district must be screened from that district.
(iii) Accessory inside retail sales may occupy up to 10 percent of the total floor area of the main use.
(2.1) Medical/infectious waste incinerator.
(A) Definition: A facility used to incinerate plastics, special waste, and waste containing pathogens or biologically active material, which because of its type, concentration, and quantity, is capable of transmitting disease to persons exposed to the waste.
(B) Districts permitted: By SUP only in IR and IM districts.
(C) Required off-street parking: One space per 1,000 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) All medical/infectious waste incinerators must be located at least:
(aa) 1,000 feet from all lots containing residential; public or private school; church; and public park, playground, or golf course uses; and
(bb) one mile from all lots containing municipal and hazardous waste incinerators.
(ii) A medical/infectious waste incinerator used to incinerate up to 225 pounds of waste per hour must be located:
(aa) on a lot that is no smaller than one acre in size;
(bb) at least 100 feet from the lot line; and
(cc) at least one-fourth mile from all lots containing main use medical/infectious and pathological waste incinerators.
(iii) A medical/infectious waste incinerator used to incinerate more than 225 pounds of waste per hour must be located:
(aa) on a lot that is no smaller than five acres in size;
(bb) at least 200 feet from the lot line; and
(cc) at least one mile from all lots containing main use medical/infectious and pathological waste incinerators.
(iv) No outside storage is permitted in conjunction with this use.
(v) The area of notification for a public hearing to consider an SUP application for this use is 500 feet.
(3) Metal salvage facility.
(A) Definition: A facility that collects, separates, and processes scrap metal in bulk form for reuse and manufacturing.
(B) Districts permitted: By SUP only in the IM district.
(C) Required off-street parking: The off-street parking requirement may be established in the ordinance granting the SUP, otherwise a minimum of five spaces required.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) This use must have a visual screen of at least nine feet in height which consists of a solid masonry, concrete, or corrugated sheet metal wall, or a chain link fence with metal strips through all links.
(ii) The owner of a metal salvage facility shall not stack objects higher than eight feet within 40 feet of the visual screen. The owner of a metal salvage facility may stack objects one foot higher than eight feet for each five feet of setback from the 40 foot point.
(iii) If an inoperable or wrecked motor vehicle remains outside on the premises for more than 24 hours, the premises is an outside salvage or reclamation use. However, a premise is not an outside salvage or reclamation use if the premise stores not more than four inoperable or wrecked motor vehicles each of which having a valid state registration, current safety inspection certificate, and documentary record of pending repairs or other disposition, and if the premise has a current certificate of occupancy for a motor vehicle related use.
(iv) A minimum distance of 500 feet is required between a metal salvage facility and an R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district.
(3.1) Mining.
(A) Definition: The extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, oil, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes, are considered mining unless otherwise expressly authorized by another provision of this code. The following are not considered mining:
(i) The extraction, removal, or stockpiling of earth materials incidental to an approved plat or excavation permit, incidental to construction with a building permit, or for governmental or utility construction projects such as streets, alleys, drainage, gas, electrical, water, and telephone facilities and similar projects.
(ii) The extraction, removal, or stockpiling of earth materials incidental to construction of landscaping, retaining walls, fences, and similar activities consistent with the land use allowed at the site of removal.
(iii) Gas drilling and production. See Section 51A-4.203(b)(3.2).
(B) Districts permitted: By SUP only in A(A) and IM districts.
(C) Required off-street parking: None.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) The applicant shall submit a site plan of existing conditions, operations plan, reclamation plan, and the proposed bond to the director for review and recommendation.
(ii) If a specific use permit is granted, the city shall inspect and monitor the mining and reclamation operation at least once annually.
(iii) A specific use permit may not be issued for mining on city park land.
(F) Site plan of existing conditions: The applicant shall submit a site plan of existing conditions that includes:
(i) a site location map on a small scale showing major circulation routes and other landmarks which would aid in the location of the site;
(ii) contours shown at no greater than five-foot intervals;
(iii) connections to roads outside the site;
(iv) location, identification, and dimensions of all public and private easements;
(v) location of flood plain, water bodies, natural and man-made channels (wet and dry), and subsurface channels;
(vi) tree and other vegetation groupings, rock outcroppings, and any other significant natural features;
(vii) location and depth of any known former or current mines or landfills in or within 500 feet of the boundaries of the excavation and an indication of the type of fill used;
(viii) analyzed core samples if the city determines that contaminants may be present; and
(ix) any other information the director determines is reasonably necessary for a complete review of the proposed operations.
(G) Operations plan: The applicant shall submit an operations plan that includes:
(i) storage of reclamation topsoil and methods of disposing of all material not to be sold or reclaimed;
(ii) hours of operation;
(iii) location and depth of excavation;
(iv) drainage and erosion control measures;
(v) method for the disposal of contaminants, if present;
(vi) roads to be used for transportation of stone, sand, or gravel;
(vii) fences or any other barriers necessary for safety;
(viii) noise and dust control measures;
(ix) the length of time necessary to complete the mining and reclamation of the site; and
(x) any other information the director determines is reasonably necessary for a complete review of the proposed operations.
(H) Reclamation plan: The applicant shall submit a reclamation plan that is verified by a registered surveyor. The reclamation plan must show the reclamation of the entire site upon completion of operation and the phases of reclamation to be completed at no greater than five-year intervals. The reclamation plan must include the following information:
(i) contours shown at no greater than five-foot intervals with slopes not steeper than a three-to-one (horizontal to vertical) ratio;
(ii) circulation routes, including roadways, any internal circulation, rights-of-way, and connections to roads outside the site;
(iii) location, identification, and dimensions of all public and private easements;
(iv) location of flood plain, water bodies, natural and man-made channels (wet and dry), subsurface dams, dikes, or channels;
(v) location of any areas to be filled with water including a description of the source of the water, the means of water retention, and the prevention of stagnation and pollution;
(vi) location and type of vegetation;
(vii) structures (including height), utilities, and proposed land uses, if any;
(viii) the amount of the performance bond that will be posted in accordance with Subparagraph (I) below; and
(ix) any other information the director determines is reasonably necessary for a complete review of the proposed operation.
(I) Performance bond:
(i) The applicant shall post a performance bond with the city controller before passage of the ordinance granting the specific use permit. The performance bond must be approved as to form by the city attorney.
(ii) The bond must be twice the estimated cost to the city of restoring the premises in a manner shown on the reclamation plan. The amount of the bond shall be determined by the director on the basis of relevant factors including expected changes in the price index, topography of the site, project methods being employed, depth and composition of overburden, and data provided in the reclamation plan.
(iii) The bond must be issued by a surety company licensed to do business in Texas. The applicant may deposit cash, certificates of deposit, or government securities in lieu of a bond. Interest received on deposits and securities must be returned to the applicant upon the approval of reclamation of the site.
(iv) The director shall conduct a final inspection to determine whether the site has been reclaimed in accordance with the specific use permit. Final inspection must be made not more than two years after the expiration of the specific use permit. A registered surveyor provided by the applicant shall verify the final topography of the site.
(v) The director shall report to the city council on the completion of the project. The city council shall determine by resolution whether the reclamation has been completed in accordance with the specific use permit and whether the performance bond should be released.
(vi) The city controller shall release the bond or deposit if the city council finds that the applicant has completed reclamation of the site in accordance with the specific use permit. If the site is not restored in accordance with the reclamation plan, the director shall use the bond or deposit to restore the site in accordance with the plan.
(3.2) Gas drilling and production.
(A) Definitions:
(i) BOUNDARY means the perimeter of the operation site. OPERATION SITE means the area identified in the SUP to be used for drilling, production, and all associated operational activities after gas drilling is complete.
(ii) ENVIRONMENTALLY SIG- NIFICANT AREA means an area:
(aa) with slopes greater than three to one;
(bb) containing endangered species of either flora or fauna;
(dd) identified as wetlands or wildlife habitat;
(ee) determined to be an archeological or historical site; or
(ff) containing more than 1,000 inches of trunk diameter of protected trees, in the aggregate, within a 10,000 square foot area. Trunk diameter is measured at a point 12 inches above grade. To be included in the aggregate calculations of trunk diameter, a protected tree must have a trunk diameter of six inches or more. For purposes of this provision, a protected tree is defined in Section 5A-10.101.
(iii) GAS DRILLING AND PRODUCTION means the activities related to the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural gas.
(iv) HABITABLE STRUCTURE means any use or structure that is not a protected use but has a means of ingress or egress, light, and ventilation. Habitable structure does not include an accessory structure, such as a garage or shed.
(v) PROTECTED USE means institutional and community service uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses (except when the operation site is on a public park, playground, or golf course); residential uses; and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage). Parking areas and areas used exclusively for drainage detention are not part of a protected use.
(vi) See Article XII for additional definitions that apply to gas drilling and production.
(B) Districts permitted: By SUP only in all districts.
(C) Required off-street parking: None.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) See Article XII for additional regulations relating to gas drilling and production. No provision found in Articles IV or XII may be waived through the adoption of or amendment to a planned development district.
(ii) Before an SUP for a gas drilling and production use within a public park, playground, or golf course may be processed, city council must hold a public hearing and make a determination in accordance with Texas Parks and Wildlife Code Chapter 26, “Protection of Public Parks and Recreational Lands.”
(iii) A favorable vote of three-fourths of all members of the city council is required to approve a gas drilling and production use on a public park, playground, or golf course if city council finds that the approval will not harm the public health, safety, or welfare.
(iv) In addition to the findings required in Section 51A-4.219 for the granting of an SUP, city plan commission and city council must consider the:
(aa) proximity of a proposed gas drilling and production use to an environmentally significant area; and
(bb) potential impact the proposed gas drilling and production use may have on the environmentally significant area.
(v) Compliance with federal and state laws and regulations and with city ordinances, rules, and regulations is required, and may include platting, a flood plain fill or alteration permit, building permits, and gas well permits. Compliance with these additional regulations may be required before, concurrently with, after, or independently of the SUP process.
(vi) Trailers or mobile homes that are temporarily placed on the operation site and used by gas drilling workers as a residence are a permitted accessory use.
(vii) Once any gas drilling related activity begins on the operation site, the applicant shall limit access to the operation site by erecting an eight-foot-tall temporary chain-link fence. Within 30 days after any well completion activity ceases, an eight-foot-tall permanent fence must be erected and maintained around the perimeter of the operation site. This provision controls over the fence height regulations of the zoning district. City council, by SUP, may require a different form of screening, but may not reduce the fence height requirements of this provision.
(viii) Access to the operation site must comply with the Dallas Fire Code. The operation site plan must be reviewed and approved by the fire marshal before an SUP can be granted.
(ix) The operation site may not have a slope greater than 10 degrees unless the director determines that all equipment is located and activities occur on a portion of the operation site that does not have a slope greater than 10 degrees, there is adequate erosion control, and the slope of the operation site will not be a threat to the public safety or welfare.
(x) The operator shall provide the director with a statement of intent to enter into a road repair agreement before an SUP may be scheduled for a public hearing.
(xi) The director shall revise the zoning district maps upon the granting of an SUP for a gas drilling and production use, to provide a 1,000 foot gas drilling and production use notice overlay around the boundary of the operation site.
(F) Spacing:
(i) Habitable structure.
(aa) Except as otherwise provided in this provision, a gas drilling and production use must be spaced at least 300 feet from a habitable structure.
(bb) If a gas drilling and production use is located on the same property as a habitable structure, the spacing requirements in this provision may be waived for that habitable structure with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(cc) Spacing is measured from the boundary of the operation site in a straight line, without regard for intervening structures or objects, to the closest point of the habitable structure.
(ii) Protected use.
(aa) Except as otherwise provided in this provision, a gas drilling and production use must be spaced at least 1,500 feet from a protected use (except trailers or mobile homes placed on the operation site as temporary residences for workers).
(bb) City council may reduce the minimum 1,500 foot spacing requirement from a protected use by not more than 500 feet with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(cc) If a gas drilling and production use is located on the same property as a protected use, the spacing requirements in this provision may be waived for that protected use with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(dd) If a gas drilling and production use is located on a public park, playground, or golf course, the spacing requirements in this subparagraph do not apply to protected uses or habitable structures located on the public park, playground, or golf course. The spacing requirements in this provision for protected uses and habitable structures off the public park, playground, or golf course use still apply.
(ee) Spacing is measured as follows:
(11) For institutional and community service uses (except cemetery or mausoleum), and residential uses, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the property line of the institutional and community service use (except cemetery or mausoleum) or the residential use.
(22) For recreation uses (except when the operation site is on a public park, playground, or golf course), lodging uses, office uses, and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage) from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the closest point of a physical barrier or demarcation that establishes a boundary of the protected use. Examples of physical barriers or demarcations include fencing around activity areas, such as play fields, courts, or pools; or edges, borders, or boundaries of maintained areas adjacent to trails, golf courses, or active recreation areas. If the protected use is conducted exclusively inside, from the boundary of the operation site in a straight line, without regard to intervening structures of objects, to the closest point of the structure housing the protected use.
(G) Neighborhood meeting:
(i) Within 60 days after filing an SUP application, the applicant or operator shall, at the applicant or operator’s expense, provide notice of a neighborhood meeting regarding the pending SUP application.
(ii) The applicant or operator shall mail notice of the neighborhood meeting by depositing the notice properly addressed and postage paid in the United States mail. The notice must be written in English and Spanish. The applicant or operator shall mail notice of the neighborhood meeting to all real property owners as indicated by the most recent appraisal district records and all mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site.
(iii) The notice of the neighborhood meeting must include:
(aa) the date, time, and location of the neighborhood meeting;
(bb) the identity of the applicant and the operator;
(cc) the location of the pending SUP application;
(dd) information about the proposed gas drilling and production use;
(ee) the purpose of the neighborhood meeting; and
(ff) information about subscribing to the operator’s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site.
(iv) Within five days after mailing the notice of the neighborhood meeting, the applicant shall file an affidavit with the director swearing and affirming that all real property owners and mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site were mailed notice of the neighborhood meeting in accordance with this subparagraph. The affidavit must include a list of the real property owners and mailing addresses to which notice was sent.
(v) The applicant and operator shall attend and conduct the neighborhood meeting not less than seven or more than 21 days after providing notice of the neighborhood meeting. The neighborhood meeting must be held at a facility open to the public near the proposed gas drilling and production use.
(vi) The purpose of the neighborhood meeting is for the applicant or operator to:
(aa) inform the community about the proposed gas drilling and production use;
(bb) explain the operations associated with gas drilling and production, including site preparation, site development and construction, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site; and
(cc) explain and provide information about subscribing to the operator’s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site.
(3.3) Gas pipeline compressor station.
(A) Definition:
(i) BOUNDARY means the perimeter of the compressor station site. GAS PIPELINE COMPRESSOR STATION SITE means the area identified in the SUP to be used for the gas pipeline compressor station.
(ii) GAS PIPELINE COMPRESSOR STATION means a facility for devices that raise the pressure of a compressible fluid (gas) in order for the gas to be transported through a transmission pipeline. This use does not include compressors that are part of a gas drilling and production use that only provide compression for gas to circulate into a gathering system.
(iii) PROTECTED USE means institutional and community service uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses (except when the operation site is on a public park, playground, or golf course); residential uses; and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage). Parking areas and areas used exclusively for drainage detention are not part of a protected use.
(B) Districts permitted: By SUP only in IM district.
(C) Required off-street parking: Five spaces.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) A gas pipeline compressor station must be spaced at least 1,500 feet from a protected use, measured from the boundary of the gas pipeline compressor station site in a straight line, without regard to intervening structures or objects, to the closest point of the protected use or areas of the protected use activity.
(ii) To reduce noise, all compressors must be fully enclosed in a building.
(iii) Except as otherwise provided in this subparagraph, the perimeter of the gas pipeline compressor station site must be screened from public view. City council may, by SUP, require a different form of screening but may not reduce the height requirements in this subparagraph. Screening must be at least six feet in height and must be constructed of:
(aa) earthen berm planted with turf grass or ground cover that does not have a slope that exceeds one foot of height for each two feet of width;
(bb) brick, stone, metal, or masonry wall that significantly screens equipment and structures from view;
(cc) landscaping materials recommended for local area use by the chief arborist. The landscaping must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. The initial plantings must be capable of obtaining a solid appearance within 18 months; or
(dd) any combination of the above.
(iv) Unless a specific color is required by federal or state law, all equipment and structures must be painted with a neutral color to match the nearby surroundings as nearly as possible.
(v) To reduce noise and emissions, electric motors must be used on the gas pipeline compressor station unless the operator submits a report to the gas inspector and the gas inspector finds that electric motors cannot be used.
(vi) Internal combustion engines and compressors, whether stationary or mounted on wheels, must be equipped with an exhaust muffler or a comparable device that suppresses noise and disruptive vibrations and prevents the escape of gases, fumes, ignited carbon, or soot.
(vii) Exhaust from any internal combustion engine or compressor may not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes, ignited carbon, or soot.
(viii) Compressors must comply with the low and high frequency noise requirements in Section 51A-12.204(1), “Noise.”
(4) Municipal waste incinerator.
(A) Definition: A facility used to
incinerate solid waste, other than industrial or hazardous waste, resulting from or incidental to municipal, community, institutional, and recreational activities, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, and abandoned automobiles.
(B) Districts permitted: By SUP only in IR and IM districts.
(C) Required off-street parking: One space per 1,000 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) A municipal waste incinerator must front on a principal arterial.
(ii) The incinerator must be located on a lot that is no smaller than five acres in size, and be located at least 200 feet from the lot line.
(iii) The incinerator must be located at least:
(aa) 1,500 feet from all lots containing residential; public or private school; church; public park, playground, or golf course; convalescent or nursing home; medical clinic or ambulatory surgical center; and hospital uses;
(bb) two miles from all lots containing municipal and hazardous waste incinerators; and
(cc) one mile from all lots containing medical/infectious and pathological waste incinerators.
(iv) No outside storage is permitted in conjunction with this use.
(v) The area of notification for a public hearing to consider an SUP application for this use is 750 feet.
(4.1) Organic compost recycling facility.
(A) Definition: A commercial facility where the production of compost from organic materials takes place outside or in an open structure. For purposes of this definition, organic materials mean leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material not greater than six inches in diameter that results from landscape maintenance and land-clearing operations. Tree stumps, roots, and shrubs with intact root balls are not organic materials.
(B) Districts permitted: By right in the IM district with RAR required. By SUP only in A(A) and IR districts.
(C) Required off-street parking: One space per 500 square feet of floor area.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) In an IM district, an organic compost recycling facility must be visually screened on any side that is within 200 feet of and visible from a thoroughfare or an adjacent property that is not zoned an IM district. For purposes of this paragraph, adjacent means across the street or sharing a common lot line.
(5) Outside salvage or reclamation.
(A) Definition: A facility which stores, keeps, dismantles, or salvages scrap or discarded material or equipment outside. Scrap or discarded material includes but is not limited to metal, paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and appliances.
(B) Districts permitted: By SUP only in the IM district.
(C) Required off-street parking: The off-street parking requirement may be established in the ordinance granting the SUP, otherwise a minimum of five spaces required.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) This use must have a visual screen of at least nine feet in height which consists of a solid masonry, concrete, or corrugated sheet metal wall, or a chain link fence with metal strips through all links.
(ii) The owner of an outside salvage or reclamation use shall not stack objects higher than eight feet within 40 feet of the visual screen. The owner of an outside salvage or reclamation use may stack objects one foot higher than eight feet for each five feet of setback from the 40 foot point.
(iii) If an inoperable or wrecked motor vehicle remains outside on the premises for more than 24 hours, the premises is an outside salvage or reclamation use. However, a premise is not an outside salvage or reclamation use if the premise stores not more than four inoperable or wrecked motor vehicles each of which having a valid state registration, current safety inspection certificate, and documentary record of pending repairs or other disposition, and if the premise has a current certificate of occupancy for a motor vehicle related use.
(iv) A minimum distance of 500 feet is required between an outside salvage or reclamation use and an R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district.
(5.1) Pathological waste incinerator.
(A) Definition: A facility used to incinerate organic human or animal waste, including, but not limited to:
(i) Human materials removed during surgery, labor and delivery, autopsy, or biopsy, including body parts, tissues or fetuses, organs, and bulk blood and body fluids.
(ii) Products of spontaneous human abortions, regardless of the period of gestation, including body parts, tissue, fetuses, organs, and bulk blood and body fluids.
(iii) Anatomical remains.
(iv) Bodies for cremation.
(B) Districts permitted: By SUP only in IR and IM districts.
(C) Required off-street parking: One space per 1,000 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
|
TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) A pathological waste incinerator must be located on a lot that is no smaller than one acre in size, and be at least 100 feet from the lot line.
(ii) The incinerator must be located at least:
(aa) 1,000 feet from all lots containing residential; public or private school; church; and public park, playground, or golf course uses;
(bb) one mile from all lots containing municipal and hazardous waste incinerators; and
(cc) one-fourth mile from all lots containing medical/infectious and pathological waste incinerators.
(iii) Reserved.
(iv) All waste must be disposed of within a 24 hour period.
(v) No outside storage is permitted in conjunction with this use.
(6) Temporary concrete or asphalt batching plant.
(A) Definition: A temporary facility for mixing cement or asphalt.
(B) Districts permitted: By SUP only in all districts.
(C) Off-street parking:
Required off-street parking: Two spaces. Off-street parking requirements for this use may be satisfied by providing temporary parking spaces that do not strictly comply with the construction and maintenance provisions for off-street parking in this chapter. The operator of this use has the burden of demonstrating to the satisfaction of the building official that the temporary parking spaces:
(i) are adequately designed to accommodate the parking needs of the use; and
(ii) will not adversely affect surrounding uses.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) An application for specific use permit must consider if on-site fencing, screening, or buffering elements provide adequate protection for adjacent property.
(ii) A person to whom a temporary certificate of occupancy is issued shall:
(aa) comply with city, state and federal laws at the batching plant site;
(bb) clear the site of equipment, material and debris upon completion of the project;
(cc) repair or replace any public improvement that is damaged during the operation of the temporary batching plant; and
(dd) locate and operate the temporary plant in a manner which eliminates unnecessary dust, noise, and odor (as illustrated by, but not limited to covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).