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086 of 1994 - Adopting the Landfill Overlay "L-O" District as Chapter 77 of Title 210 94-1 P 94-191 SALT LAKE CITY ORDINANCE No. 86 of 1994 (Adopting the Landfill Overlay "L-O" District as Chapter 77 of Title 21) AN ORDINANCE ADOPTING A NEW LANDFILL OVERLAY "L-0" ZONING DISTRICT BY ENACTING CHAPTER 77 OF TITLE 21, SALT LAKE CITY CODE. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission and has determined that it would be in the best interests of the City to adopt Chapter 77 of Title 21, Salt Lake City Code, enacting the "L-O" Landfill Overlay District; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 77 of Title 21, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: CHAPTER 21.77 "L-O" LANDFILL OVERLAY DISTRICT PART I. GENERAL 21.77.010 Purpose and Authorization of Conditional Uses. The purpose of the Landfill Overlay "L-O" 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. 1 21.77.020 Definitions. The following definitions shall apply to the "L-O" District: A. "Commercial Landfill" means a commercial landfill which receives any nonhazardous solid waste for disposal. A commercial landfill does not include a landfill that is solely under contract with a local government within the state to dispose of nonhazardous solid waste generated within the boundaries of the local government. B. "Composting" means a method of solid waste management whereby the organic component of the waste stream is biologically decomposed under controlled conditions to a state in which the end product or compost can be safely handled, stored, or applied to the land without adversely affecting human health or the environment. C. "Construction Debris Landfill" means a landfill that is to receive only construction/demolition waste, yard waste, inert waste or dead animals, but excluding inert demolition waste used as fill material. D. "End Use Plan" means a plan showing how the site will be reused/reclaimed upon completion of landfill activities to allow for the productive and compatible reuse of the site, including the following: 1. A grading plan showing the end state topography of the site upon completion of landfill activities. 2. A revegetation plan indicating what planting will occur to re-establish vegetation on the site. 2 3. A drainage/hydrology plan indicating the hydrological characteristics of the site after reclamation, including site perimeter intercept drains, and the creation/modification of flood plains and wetlands. 4. A typical plan of proposed use or use of the site following completion of landfill activities, including the proposed zoning for the site, building locations, roads and streets, topography, parking, and landscaping. E. "Landfill" means a municipal, commercial or construction debris disposal facility where solid waste is placed in or on the land and which is not a land treatment facility. "Landfill" does not include facilities where solid waste is applied onto or incorporated into the soil surface for the purpose of biodegration. F. "Municipal Landfill" means a municipal landfill or a commercial landfill solely under contract with a local government taking municipal waste generated within the boundaries of the local government. G. "Recycling or Processing Center" means a facility to temporarily store, sort, recycle, process, compost or treat materials such as paper, glass, metal, and plastic products to return them to a condition in which they can be reused for production or transported to another approved site for permanent storage, landfilling or further processing. "Recycling Processing Center" does not include a facility for automobile salvage or recycling. 3 H. "Sludge" means any solid, semi -solid or liquid waste, including grit and screenings generated from a municipal, commercial or industrial waste water treatment plant or water supply treatment plant or air pollution control facility or any other such waste having similar characteristics. 21.77.030 Conditional Uses. A. 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 Landfill Overlay "L-O" District. B. Transitional Area. Recycling or Processing Centers may be allowed as a conditional use in a Landfill Transitional Area. 21.77.040 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. 21.77.050 Landfill Proximity to Residential or Institutional Zones. No actual landfilling shall be conducted within 1,000 feet of the boundary of any Residential or Institutional Zoning District. 4 21.77.060 Minimum Lot Size. A. Landfills. No landfill shall be on a lot less than 8 acres in size. B. Other landfill -related condition 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. 21.77.070 Minimum Front Yard Setback. The minimum front yard setback shall be 30 feet. 21.77.080 Minimum Side Yard and Minimum Rear Yard Setback. The minimum side and rear yard setback shall be 10 feet, which may be increased by the Planning Commission to mitigate potential adverse impacts between adjoining land uses. 21.77.090 Height. The maximum height of any landfill shall be fixed by the Planning Commission to mitigate potential adverse effects on adjoining properties. 21.77.100 Landscaped Yard and Buffer Requirements. All conditional uses permitted by this Chapter shall maintain the following landscaping and buffering: A. The first 30 feet of all front yards shall be maintained as landscaped yards as approved by the Planning Commission. B. The Planning Commission may require that landscaping include trees along all property lines adjacent to a public street or non -landfill property to create a continuous linear 5 visual buffer. Any trees required shall be at least 2" caliper and spaced at 30' on center. 21.77.110 Conditional Use Application Requirements. An applicant for a conditional use shall file an application with the Planning Commission on a form provided by the Zoning Administrator, accompanied by such number of copies of documents as the Zoning Administrator may require for processing of the application. The application shall include a site plan that includes the following information: A. Basic information. 1. The location, dimensions and total area of the site. 2. The location, dimensions, floor area, type of construction, proposed treatment of exterior surfaces of all structures and use of each proposed building or structure. 3. The proposed treatment of open spaces and the exterior surfaces of all structures, with preliminary sketches of proposed landscaping and structures, including typical elevations. 4. The number, location and dimensions of parking spaces and loading docks, with means of ingress and egress. 5. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements. 6 6. The location and purpose of any existing or proposed dedication or easement. 7. The general drainage plan for the site. 8. The location, dimensions and uses of adjacent properties, abutting public rights -of -way, easements and utilities serving the site. 9. Significant topographical or physical features of the site, including existing trees exceeding 2.5 inches in caliper. B. Landfill overlay specific information. 1. Plan for controlling and/or mitigating pests that may be attracted to the site. 2. An End Use plan. 3. A landscaping plan indicating how the proposed landscaping will mitigate noise, dust, or other impacts on surrounding uses. If surrounding properties are undeveloped, the landscaping plan shall address potential impacts on uses permitted within the applicable zoning districts for such undeveloped property. 21.77.120 Mailing Labels. The applicant shall provide mailing labels for all property owners and all Registered or Recognized Organizations affected pursuant to Chapter 2.62 within 1,000 feet of the property line of the complete development. 7 21.77.130 Fee. The fee for an application for development plan approval shall be $200.00. 21.77.140 Complete Application. The Zoning Administrator shall review the application for completeness and notify the applicant of any deficiencies. The Zoning Administrator shall not forward the application to the Planning Commission for consideration until any deficiencies have been cured. 21.77.150 Neighborhood Review. Prior to the Planning Commission hearing, the applicant shall take reasonable steps to review the project with, and provide information to, the appropriate recognized or registered organizations pursuant to Chapter 2.62. 21.77.160 Notice. The Planning Commission shall mail notice of a hearing on the application for conditional use approval not less than 14 days before such a hearing. 21.77.170 Hearing. The planning Commission shall hold an informal hearing and take testimony regarding the application for conditional use approval. 21.77.180 Approval Standards. The Planning Commission shall approve the conditional use if it finds that the conditional use is in harmony with the general purposes and intent of the Zoning Ordinance and is compatible 8 with, and implements, the planning goals and objectives of the City including applicable City master plans and meets the General and Specific Standards specified below. A. General standards. 1. Streets or other means of access to the proposed site are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets; 2. The internal circulation system is properly designed; 3. Existing or proposed utility services are adequate for the proposed conditional use; 4. Appropriate buffering is provided to protect adjacent land uses from light, noise, visual, and other impacts; 5. Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood; 6. Landscaping is appropriate for the scale of the development; 7. The conditional use preserves historical, architectural, and environmental features of the property; 8. Operating and delivery hours are compatible with adjacent land uses; 9. The conditional use is compatible with the character of the neighborhood surrounding the planned 9 development and will not have a material net cumulative adverse impact on the neighborhood or the City as a whole. B. Specific standards. 1. 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 180 days unless the physical or chemical processes involved in the proposed use require longer than 180 days, in which case the temporary use shall be limited to such necessary times. 21.77.190 Conditions. In addition to the conditions stated above, 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. A. 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. B. The Planning Commission shall specify such conditions in writing when approving the conditional use. 10 C. The violation of any conditions of approval shall constitute grounds for revocation of the conditional use approval. 21.77.200 Conditional Use Approval Process. 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. 21 . 77 . 210 EFFECTIVE LENGTH OF APPROVAL . Unless extended by the Zoning Administrator for good cause, development plan approvals shall expire one year after issuance unless a building permit is issued and construction has actually begun and is actively pursued. 21.77.220 Appeal. A. Any person aggrieved by a decision of the Planning Commission regarding a Conditional Use pursuant to this Chapter may appeal the decision to the City Council by filing a notice with the City Council no later than ten days after the decision of the Planning Commission becomes final. B. The appeal shall specify any alleged error made in the Planning Commission's decision. 11 21.77.230 Standard of Appellate Review. Appeal of the Planning Commission decision shall be considered by the City Council on the record made before the Planning Commission. No new evidence will be heard by the City Council unless such evidence was improperly excluded from consideration by the Planning Commission/ The City Council shall uphold the decision of the Planning Commission unless the Council finds that the decision of the Planning Commission was made in error. Passed by the City Council of Salt Lake City, Utah, this Llth day of October ATTEST I F i•UTY CITY ' ORDER , 1994. CHAIRPERSON 12 (SE dr Transmitted to the Mayor on 0cta- er '4 Mayor's action: ( Approved CITY RECORDER • (V Bill N6A„,-° "o f 1994 . Published: October 11, 1994 0 6G:\ORDINA94\LANDFILL\BRB:le MAYOR 13 , 1994. Vetoed.