(A) Restrictions. Commercial composting operations shall be allowed, with a conditional use permit issued by the City Council, only in those zones in which it has been specifically designated as allowable, and according to the conditions set forth at division (C) below.
(B) Application. Any person desiring to obtain a conditional use permit for commercial composting shall make application therefor to the City Council on a form provided by the city. Such application shall contain the information required by § 1001.09 of the city Zoning/Subdivision Code, which is separately published and maintained in the office of the Clerk for public inspection and copying.
(C) Conditions. The following conditions shall apply to all commercial composting done in the city, and no conditional use permit shall be issued unless the applicant can demonstrate compliance with the following.
(1) Site development shall include, but not be limited to, sufficient grading and leveling of the operations area to ensure proper drainage; screening wherever necessary; on-site access road construction for truck and equipment access; holding ponds or water retention plan to ensure that water runoff is contained and monitored; and any other requirements that may be deemed necessary in the conditions application review process.
(2) Yard waste brought to the site to be processed shall be in bulk only, or if approved, in shreddable biodegradable paper compost bags, that can be processed with the material.
(3) No yard waste material shall be allowed at a commercial compost facility that includes food waste, animal waste, refuse, debris, sewage by product or any other extraneous materials.
(4) Any or all non-compostable materials that are separated and screened from the processable compost shall be removed from the site at least once each week, and disposed of at the processors expense, in a licensed and permitted MPCA landfill.
(5) Access to any commercial compost facility should be along a nine-ton paved road if materials are delivered in vehicles weighing nine tons per axle or greater. If any part of the approved access is on a city-owned gravel roadway, the maintenance of that portion used for the facility will be the responsibility of the commercial composting company.
(6) Commercial composting activity shall not generate a health, safety or general nuisance, including, but not limited to, dust, odor, litter, vermin, fire hazard, contamination or any other nuisance.
(7) The city and its assigned representatives shall, at any time, be allowed to enter the site for purposes of inspection and review of operations and compliance with applicable zoning and code regulations and conditions set forth in the conditional use permit.
(8) Commercial composting shall be done in accordance with all applicable rules and regulations of any local, state or federal agency having jurisdiction over such activities.
(9) The Zoning Administrator shall have the authority to suspend or terminate any conditional use permit at any time if, following an inspection, he or she finds that any of the conditions set forth in such permit have been violated.
(10) In the event of suspension or termination of the conditional use permit by the Zoning Administrator, the permit holder shall have the right to appeal a decision to the City Council within ten days. If no written appeal of the Zoning Administrator’s determination is filed within ten days, the appeal rights of the applicant have been waived.
(11) The applicant agrees that in the event of non-compliance with the conditions set forth herein and allowing a condition, which in the opinion of the city, creates a nuisance, the applicant shall allow the city entry on the premises for purpose of elimination of the nuisance and assessment of the cost of clean-up and enforcement pursuant to M.S. § 429.101, as it may be amended from time to time.
(12) The applicant must demonstrate sufficient ownership interest in the property to be utilized for the activity and all persons having an ownership interest shall sign any and all applications and be bound by the conditions of the conditional use permit.
(13) Such other conditions as the City Council shall impose, including, but not necessarily limited to, requirements for bonds, letter of credit or cash escrow deposit to secure performance of the conditions herein.
(D) Procedure. The procedures set forth at § 1001.09 of the city Zoning/Subdivision Code, which is separately published and maintained in the office of the Clerk for public inspection and copying shall be followed with regard to the approval or denial of a conditional use permit under this section.
(1978 Code, § 510.03) (Ord. 90-10, passed 4-16-1990) Penalty, see § 90.99