A. Purpose: The purpose of the LO Landfill Overlay District is to provide greater control over the locations of both public and private landfills and their design, use, reuse and reclamation, and to provide transitional zones adjacent to landfills facilitating the transition from landfills and landfill related uses to other types of land uses.
B. Conditional Uses: All land uses allowed in the LO Landfill Overlay District shall be approved through the conditional use process pursuant to chapter 21A.54 of this title.
1. Landfill Overlay District: Landfills, together with accessory sorting, recycling and composting of landfill materials, and the deposit or storage of sludge may be allowed as conditional uses in the LO Landfill Overlay District.
2. Transitional Area: Recycling or processing centers may be allowed as a conditional use in a landfill transitional area.
C. Prohibited Uses: Landfills and other uses which are noxious or offensive by reason of emission of odor, smoke, dust or gas, or by reason of allowing any material to escape onto adjoining property, or by reason of drawing birds, animals, or other pests onto, over, or near the use of adjoining property are prohibited in the transitional area.
D. Landfill Proximity To Residential Or Institutional Zones: No actual landfilling shall be conducted within one thousand feet (1,000') of the boundary of any residential or institutional zoning district.
E. Minimum Lot Area:
1. Landfills: No landfill shall be on a lot less than eight (8) acres in size.
2. Other Landfill Related Conditional Uses: Any other conditional uses allowed by this chapter shall be on a lot no smaller than determined appropriate pursuant to the procedures of this chapter.
F. Maximum Height: The maximum height of any landfill shall be fixed by the Planning Commission to mitigate potential adverse effects on adjoining properties.
G. Minimum Yard Requirements:
1. Front Yard: The minimum front yard setback shall be thirty feet (30').
2. Side Yard: The minimum side yard setback shall be ten feet (10'), which may be increased by the planning commission to mitigate potential adverse impacts between adjoining land uses.
3. Rear Yard: The minimum rear yard setback shall be ten feet (10'), which may be increased by the planning commission to mitigate potential adverse impacts between adjoining land uses.
H. Required Landscape Yard And Buffer Requirement: All conditional uses permitted by this section shall maintain the following landscaping and buffering:
1. The first thirty feet (30') of all front yards shall be maintained as landscape yards as approved by the planning commission.
2. The planning commission may require that landscaping include trees along all property lines adjacent to a public street or nonlandfill property to create a continuous linear visual buffer. Any trees required shall be at least two inches (2") caliper and spaced at thirty feet (30') on center.
I. Application Requirements: An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator, accompanied by the application requirements outlined in subsection 21A.54.060A of this title, as well as the following:
1. Plan for controlling and/or mitigating pests that may be attracted to the site;
2. An end use plan; and
3. A landscape plan indicating how the proposed landscaping will mitigate noise, dust, or other impacts on surrounding uses. If surrounding properties are undeveloped, the landscape plan shall address potential impacts on uses permitted within the applicable zoning districts for such undeveloped property.
J. Procedure For Approval: The planning director shall not allow any conditional use under this chapter to begin operation until the applicant documents that all approvals have been granted by all necessary county, state and federal agencies including the approval of a financial assurance plan sufficient to assure adequate closure, post closure care and corrective action of the facility and demonstration of compliance with the state of Utah division of solid and hazardous waste administrative rules.
K. Standards For Approval: The planning commission shall only approve, approve with conditions or deny a conditional use in an LO landfill overlay district based upon written findings of fact with regard to each of the standards outlined in section 21A.54.080 of this title. In addition, if the proposed conditional use involves the temporary storage, sorting, recycling, processing, composting or treatment of materials, the planning commission must find that such materials will not generally be on the property longer than one hundred eighty (180) days unless the physical or chemical processes involved in the proposed use require longer than one hundred eighty (180) days, in which case the temporary use shall be limited to such necessary times.
L. Conditions: In addition to the conditions stated above, and the standards for conditional uses outlined in section 21A.54.080 of this title the planning commission may impose conditions and limitation upon a conditional use concerning use, construction, character, location, landscaping, screening, parking, hours and days of operation and other matters that may be necessary or appropriate to prevent or minimize any adverse impact.
1. The planning commission may require that storage of materials in the transitional area be enclosed in a structure if proposed open storage or recycling of materials may have a material negative impact on a neighboring land use.
2. The planning commission shall specify such conditions in writing when approving the conditional use.
3. The violation of any conditions of approval shall constitute grounds for revocation of the conditional use approval.
M. Effective Length Of Approval: Unless extended by the zoning administrator, development plan approvals shall not be valid for a period longer than one year unless a building permit is issued and construction is diligently pursued to completion.
N. Appeal Of Decision: Any person adversely affected by the decision of the Planning Commission may, within thirty (30) days after the decision of the Planning Commission, file an appeal with the City Council specifying the grounds on which the person was adversely affected. (Ord. 26-95 § 2(17-6), 1995)