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ORDINANCE 2013-18 AN ORDINANCE ADOPTING A HEAVY INDUSTRIAL ZONING DISTRICT AND ASSOCIATED DEFINITIONS BY AMENDING CITY OF CODY CODE TITLE 10, CHAPTERS 1 AND 10. WHEREAS, a subcommittee of Planning and Zoning Board and City Council members was created and tasked with developing recommendations for improving the City’s industrial zoning district regulations; WHEREAS, the subcommittee determined that there existed a need to more clearly set forth the uses that should be permitted in industrial areas, address the topic of hazardous materials; and to outline more specific guidance for the review of heavy industrial development applications; WHEREAS, the resulting proposal is to adopt a new heavy industrial zoning district and associated definitions; WHEREAS, the Planning and Zoning Board reviewed the proposal at their November 26, 2013 meeting and recommended that the city council adopt the proposed heavy industrial provisions; WHEREAS, a public hearing on the proposal, advertised by publication in the Cody Enterprise on December 17, 2013, is to be held by the City Council on January 7, 2014 at 7:00 PM; WHEREAS, the City Council has determined that it is in the best interest of the public to adopt the proposed heavy industrial zoning district and associated definitions. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING: SECTION 1: Chapter 1, Definitions, of Title 10, Zoning Regulations, is hereby amended to add the following definitions: HAZARDOUS MATERIAL: A substance or material, including a hazardous substance, which has been determined by the United States Secretary of Transportation under Title 49 of the Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property and which has been so designated. HAZARDOUS WASTE: Any material that is subject to the hazardous waste manifest requirements of the United States Environmental Protection Agency as specified in 40 C.F.R. part 262; or which is regulated by the Wyoming Hazardous Waste Rules and Regulations pursuant to the Wyoming Environmental Quality Act, W.S. 35-11. SECTION 2: A new article, Article F. Heavy Industrial Districts, is hereby added to Chapter 10, Title 10, Zoning Regulations, as follows: Article F. Heavy Industrial Districts 10-10F-1 Purpose The purpose of the Heavy Industrial zoning district is to maintain and preserve an area for intensive industrial uses that are best operated in isolation from other less-intensive land uses, due to potential environmental hazards and/or production of odors, dust, noise, vibration, heavy truck traffic or other impacts detectable beyond the property. Industrial uses include, but are not limited to, those that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. ---PAGE BREAK--- 10-10F-2 Permitted uses. The permitted uses in the Heavy Industrial zoning district are: A. All uses permitted in the D-3 zoning district; except residential uses, lodging facilities, health care facilities, and public schools. B. Caretaker/watchmen living quarters when accessory to and within an industrial or commercial building. C. Intensive industrial uses, including but not limited to: ammunition manufacturing, asphalt plants, bulk storage tanks and stockpiles, concrete plants, explosive manufacturing and storage, feed and fertilizer manufacturing, manufacturing of gypsum products, hazardous material storage and handling, hazardous waste recycling and treatment (not disposal), industrial and commercial composting, pharmaceutical manufacturing plants, railroad and freight terminals, recycling processing plants, refineries, rock quarrying and processing, sewage treatment plants and lagoons, slaughterhouses (see also Chapter 4-5), solid waste transfer stations, wrecking yards, and uses determined by the Planning and Zoning Board to be similar in character and intensity. D. Motorized vehicle racing tracks. E. Oil field services and other mining related industries. F. Sexually oriented businesses, subject to all regulations set forth in Chapter 3-6 of the municipal code. 10-10F-3 Minimum District Size. The minimum size of any Heavy Industrial zoning district shall be twenty (20) contiguous acres. 10-10F-4 Minimum Lot Size. There is no minimum lot size in the Heavy Industrial zoning district. 10-10F-5 Height Limitation. Maximum building and structure height is 100 feet, with any exception to be considered through the special exemption process. 10-10F-6 Yards. Each building and structure shall observe the following minimum setbacks: A. Setback from public streets: Twenty-five (25) feet from the street right-of-way. B. Interior property lines: Zero feet, but not on or across lot lines. C. Abutting residential zoning districts (AA, A, B, C, F-1, F-2, RR and County R-H): Twenty-five (25) feet. 10-10F-7 Buffer Zone. When development occurs in the Heavy Industrial zoning district adjacent to a residential district (AA, A, B, C, F-1, F-2, RR and County R-H) there shall be provided on the Heavy Industrial property along such residential district a buffer zone with a visual screen; provided the Planning and Zoning Board may waive such requirement, or portion thereof, when they determine the buffer and/or visual screen will not be effective due to topographic features between the proposed use and adjacent residential area. 10-10F-8 District Regulations. Uses established or conducted within this district shall comply with the following standards: A. Evidence of compliance with applicable state, federal, and local permitting requirements shall be provided with all applications for new or expanded intensive industrial uses in the following manner. An outline of necessary state, federal, and local permits for the proposed use and the status of those applications shall be provided by the applicant for the Planning and Zoning Board site plan review outlined in Section 10-10F-9. Potential permits will typically relate to air quality, storm water, and hazardous waste storage and handling. All such required permits shall be obtained prior to issuance of a certificate of occupancy, or as otherwise directed by the Planning and Zoning Board. B. All intensive industrial uses shall submit emergency response plans to the Park County Fire Marshal for review and approval prior to receiving a certificate of occupancy and conducting such operations. C. The day-night average sound level (L dn), measured at the property line, shall not exceed fifty-five decibels (dB) where the adjacent property is zoned residential (AA, A, B, C, F-1, F-2, RR, and County R-H) or sixty-five decibels (dB) where the adjacent property is zoned commercial, industrial, or agricultural; provided, the Board may authorize a louder threshold when a sound easement is granted by ---PAGE BREAK--- the owner(s) of the property where the sound threshold would be exceeded. The Board may require sound testing to verify compliance at the time a new or expanded use is established. D. Landscaping and Screening. New uses, and existing uses which expand in building size or outdoor use area by more than fifty percent, shall be provided with landscaping near the entrance to the property and/or building and along any collector or arterial street frontage, in the following manner: 1. Provide a landscaped area at least two hundred square feet in size near the property entrance and/or building and include vegetation such as decorative grasses, planted trees, shrubs, flowers, lawn, or groundcover. Incorporating the business signage into the landscaped area is encouraged. 2. Provide landscaping along any collector or arterial street frontage, consisting of a minimum of one tree per fifty lineal feet of such frontage (rounded to the nearest whole number) and decorative rock or groundcover at each tree. Provided, the Planning and Zoning Board may consider alternative landscaping methods when tree placement cannot occur due to the restrictions of Chapter 7-4. 3. Required landscaped areas shall be watered and maintained, with replacement of dead vegetation as needed so that at least 90-percent of the trees and 90- percent of the other landscape vegetation initially required are living. E. Height of open storage. Storage of materials outside of buildings or containers shall be no higher than eight feet plus one foot in height for every additional two feet of setback from a property line. F. When the use of the property is a wrecking yard or similar use that stockpiles scrap or junk materials, site-screening fences up to eight feet tall and/or additional landscaping sufficient to form a view-obscuring barrier shall be provided to screen those activities from major roads and residential areas. 10-10F-9 Site Plan Review. As required by this code, all new or expanded development in the Heavy Industrial zoning district shall be subject to site plan review by the Planning, Zoning, and Adjustment Board prior to issuance of any building permit or establishment of such use. The Board shall review the site plan for the following: A. Compliance with the specific provisions of the zoning ordinance. B. General site plan conditions and layout, including access and traffic flow (as related to public safety), commercial signage, parking, landscaping, lighting, site grading, storm water facilities, and utilities. Consideration of adjacent uses shall be made in respect to the location of specific activities within the site, so as to reduce any potential conflicts from odors, dust, noise, vibration, glare, visual impacts, and storm water runoff. C. Assurance of compliance with applicable state and federal safety and environmental standards pertaining to hazardous materials. The Board may specify conditions as necessary to ensure compliance with applicable standards. The issuance of a development permit shall be contingent upon the applicant receiving an affirmative vote from the majority of the Board that the applicant has satisfied the above requirements. SECTION 3: EFFECTIVE DATE. That this Ordinance shall become effective after final passage and publication in the Cody Enterprise. SECTION 4: SEVERABILITY. Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect. PASSED ON FIRST READING: PASSED ON SECOND READING: PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING: Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Director