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(a) It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the City of Howell through the use, storage and handling of hazardous substances and/or waste or the storage and disposal of solid, liquid, gaseous and/or sanitary waste.
(b) Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall obtain the necessary permits and/or licenses from the appropriate Federal, State or local authority having jurisdiction. The City shall be informed of any and all inspections conducted by a Federal, State or local authority in connection with a permit and/or license.
(c) Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall complete and file a Hazardous Chemicals Survey on a form supplied by the City in conjunction with the following:
(1) Upon submission of a site plan.
(2) Upon any change of use or occupancy of a structure or premise.
(3) Upon any change of the manner in which such substances are used, handled, or stored, and/or in the event of a change in the type of substances to be used, handled, or stored.
(d) All businesses and facilities which use, store, or generate hazardous substances in quantities greater than one hundred (100) kilograms per month (equal to or greater than twenty five (25) gallons or two hundred-twenty (220) pounds) shall comply with the following standards:
(1) Above-Ground Storage, Use and Handling Areas for Hazardous Substances.
A. Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
B. Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers that are protected from weather, leakage, accidental damage and vandalism. Containers shall not be stacked more than two (2) high, shall be orderly, not less than thirty (30) feet from the lot line, and shall not obstruct ingress or egress.
C. Secondary containment structures such as out-buildings, storage rooms, sheds and pole barns shall not have floor drains. Materials shall be kept in an orderly fashion, shall not be stacked within four (4) feet of the ceiling and stored in a manner that shall not obstruct access.
D. Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are stored, handled and used, shall be designed and constructed to prevent discharge or runoff.
(2) Underground Storage Tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate Federal, State or local authority having jurisdiction and shall not contaminate the sanitary sewer system, storm drains, surface water, groundwater, or soils.
(3) Loading and Unloading Areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials that may be spilled, leaked, or vented.
(e) All site plans for businesses or facilities which use, store or generate hazardous substances shall be reviewed by the Fire Department, City Engineer and any other appropriate experts as determined necessary by the Planning Commission prior to approval by the Planning Commission.
Existing or potential hazards and nuisances, such as construction sites, junk yards, demolition sites, unused basements, abandoned wells or cisterns are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare. Compliance is required with all applicable State rules and regulations.
The Planning Commission, in its sole discretion, may require the screening of open storage of industrial equipment, vehicles and materials that are visible from any adjacent property and/or public street. When considering the requirement for screening, the Planning Commission shall consider the visual effect of open storage on any adjacent residentially zoned or used properties. Screening of all visible portions of open storage shall be in accordance with the standards set forth in Section 5.10.
ARTICLE 9
PLANNED UNIT DEVELOPMENT (PUD)
PLANNED UNIT DEVELOPMENT (PUD)
Planned unit development (PUD) regulations are intended to provide for various types of land uses planned in a manner which shall encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; provide enhanced housing, employment, shopping and recreational opportunities; improve traffic and pedestrian circulation; and bring about a greater compatibility of design and use.
The provisions of this article provide enabling authority and standards for the submission, review and approval of applications for planned unit developments.
(a) A planned unit development (PUD) may be applied for in any zoning district. The granting of a PUD application shall require a rezoning by way of an amendment to this Zoning Ordinance upon the recommendation of the Planning Commission and approval of the City Council. Therefore, the procedures set forth in Article 13, including a public hearing to be held by the Planning Commission, shall apply.
(b) Any land use authorized in this Zoning Ordinance may be included in a PUD, subject to adequate protection of the public health, safety and welfare and the compatibility of various land uses both within and outside the development.
(c) The applicant for a PUD must demonstrate all of the following as a condition to being entitled to PUD treatment:
(1) Granting of the PUD will result in one (1) of the following:
A. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
B. Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
C. A nonconforming use shall, to a material extent. be rendered more conforming, or less offensive, to the zoning district in which it is situated.
(2) The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads and utilities.
(3) The proposed development shall be consistent with the public health, safety and welfare of the City.
(4) The proposed development shall not result in an unreasonable negative environmental impact on the subject site or surrounding land.
(5) The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
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