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Home My WebLink AboutOrdinance 3971 ORDINANCE NO. 3971 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 160, ZONING CODE, OF THE CODE OF FAYETTEVILLE TO ADD THE DEFINITIONS OF FACILITIES EMITTING ODORS AND FACILITIES HANDLING EXPLOSIVES; TO PROVIDE A DESIGNATED USE UNIT FOR SUCH AND REQUIRE CONDITIONAL USE APPROVAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 160.002, Definitions, of the Code of Fayetteville is hereby amended to provide the following definitions: § 160.002 Definitions. Facilities Emitting Odors. Any function that involves a process which emits or has the potential for emitting an odor. Facilities Handling Explosives. Any function that involves a process dealing with a product with explosive potential. Section 2. That § 160.040(C), District I-2 General Industrial, Uses permissible on appeal to the Planning Commission, of the Code of Fayetteville is hereby amended to add the following: Unit 31 - Facilities Emitting Odors and Facilities Handling Explosives. Section 3 . That § 160.055(W), Unit 23 , Heavy Industrial, of the Code of Fayetteville is hereby amended to remove the following: Manufacturing uses: Chemical & allied products Food & Kindred Products: Animal fats & oils rendering Beverages distilling Meat slaughtering and packaging Paper & allied products Rubber & plastic products Processing & Sales: Explosives Wholesale & Warehousing: Livestock, stockyards Page 2 3971 Ordinance No . Apparel products: Leather tanning Chemical & Allied Products: Any process likely to emit odor or have the potential for explosion Paper & Allied Products: Building paper and board Paper Petroleum & Related industries: Bulk station and terminal Rubber & Miscellaneous Plastic Products: Inner tubes Tires Section 4. That §160.055 , Establishment; Listing, of the Code of Fayetteville is hereby amended to add the following: (EE) Unit 31 - Facilities Emitting Odors and Facilities Handling Explosives. (1) Description. Unit 31 consists of facilities which are heavy industrial in nature, but which have the potential to have adverse effects such as odor or the potential for explosions. (2) Included Uses. Manufacturing uses: Chemical & allied products Food & kindred products: Animal fats & oils rendering Beverages distilling Meat slaughtering and packaging Paper & allied products Rubber & plastic products Processing & Sales: Explosives Wholesale & Warehousing: Livestock, stockyards Explosive Materials Apparel products: Leather tanning Chemical & Allied Products: Any process likely to emit odor or have the potential for explosion Paper & Allied Products: Page 3 Ordinance No . 3971 Building paper and board Paper Petroleum & Related Industries: Bulk station and terminal Rubber & Miscellaneous Plastic Products: Inner tubes Tires Section 5 . That Use Conditions, § 160.075 , Listing, of the Code of Fayetteville shall hereby be amended to add the following: Facilities Emitting Odors and Facilities Handling Explosives. Section 6. That Chapter 160, Zoning Code, of the Code of Fayetteville shall hereby be amended to add the following: § 160. 101 Facilities Emitting Odors and Facilities Handling Explosives. Facilities Emitting Odors and Facilities Handling Explosives, shall be a conditional use in the I-2, General Industrial zoning district subject to the following conditions: (A) The applicant for a conditional use permit must give notice of the application in a newspaper of general circulation. Such notice shall specifically state that the conditional use is for a Facility Emitting Odors and/or Facility Handling Explosives and shall describe in general terms the nature of the application. In addition, further notification shall be given to all owners of property within 500 feet of the boundary line of the property intended to contain a use listed under Use Unit 31 by either of the following methods: ( 1) A certified letter mailed, return receipt requested, to the property owner's last known address with a return receipt filed in the Planning Office ten (10) days before the Planning Commission meeting at which the application will be considered; or (2) A site plan drawing showing the property lines, structure on the property, driveways and parking spaces, together with a brief written explanation of the proposed use, may be circulated among the property owners and must be signed by each property owner entitled to notice under this section. The site plan drawing, containing all necessary signatures, must be filed with the Planning Office ten (10) days before the Planning Commission meeting at which the conditional use application is scheduled to be considered. Page 4 Ordinance No , 3971 (B) Before a conditional use permit is issued for a Facility Emitting Odors or Handling Explosives, the building must be inspected by the Fire Marshall and Building Inspector to assure compliance with the Arkansas State Fire Code and to assure that no significant safety hazards exist. No conditional use permit shall be issued for a Facility Emitting Odors or a Facility Handling Explosives if the building does not pass inspection. (C) All facilities emitting odors or handling explosives shall be subject to the large scale development review process. (D) The Planning Commission shall be reasonably satisfied that the permitted use will not generate generally offensive or noxious odors or create an unreasonable hazard to the public. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 21st day of May 1996. APPROVED : By : �. Fred Hanna, Mayor ATTEST• I z4 7 Traci Paul, City Clerk •mow rFL.4i, %j iIr .. ' >-- . ORDINANCE N Wholesisale Wk ahbusir� ORDINANCE AMM ENDINDI NG Livestock, stockyards CE CERTAIN ,f,SECTIONS OF I Explosive Materials Y CHAPTER 160, ZONING ( ,Apparel products: CODE. OF THE CODE OF Leather tanning JU J 1 7 1996 FAYETTEVILLE TO ADD THE Chemical & Allied Protlucts: DEFINITIONOF FACILITIES Skny process likely to emit EMITTING ODORS AND . odor or have the potential for , FACIIyiTI¢S HANDLING E% explosion - STATE OF ARKANSAS FINANCE DEPT. PLOSNES; TO PROVIDE A Paper B Allied Products: ss. DESIGNATED USE UNIT FOR Building paper and board SUCH AND REOUIRE CONDI- Paper County of Washington TIONAL USE APPROVAL. Petroleum & Related Indus- J BE IT ORDAINED BY THE tries: �Q/)'t((!.i `�'M� CITY COUNCIL OF THE Bulk station and terminal I, herebycer- CITY OF FAYETTEVILLE, Rubber & Miscellaneous tify that I am the publisher 9f THE NORTHWEST ARKANSAS TIMES, a daily ARKANSAS: Plastic Products: vection 1 . That §160.002, Inner tubes newspaper having a second class mailing privilege, and being not less than four pages of Definitions, of the Code of Tires ' five columns each, published at a fixed place of business and at a fixed (daily) intervals Fayetteville is hereby amend- section 5. That Use Condi- continuous) m the Cil of Fayetteville, Count of Washington, Arkansas for more than Condi- ed to provide the following tions, §160.075, Listing, of the Y Y Y Y B defiNions; Code of Fayetteville shall a period of twelve months, circulated and distributed froman established place of business §160Y004 Definitions. hereby be amended to add the to subscribers and readers generally of all classes in the City and County for a definite price Fab1�des Eminigg Odors. Any following: tun : ion that involves a pro- Facilities Emmitling Odors for each copy, or a fixed price per annum, which price was fixed at what is considered the cess Which emits or has the and Facilities Handling Ex- value of the publication, based upon the news value and service value it contains, that at potential for emitting an odor. plosives. Facilities Handling Explosives. catinion 6. That Chapter 160, least fifty percent of the subscribers thereto have paid cash for Weir subscriptions to the Any function that involves the Zoning Code, of the Code of newspaper or its agents or through recognized news dealers over a period of at least six process dealing with a pro- Fayetteville shall hereby be months; and that the said newspaper publishes an average of more than forty percent news duct with explosive potential. amended to add the following: Section 2 That §160.040(C), §160.101 Facilites Emit- matter. District 1-2 General Industrial, ting Odors and Facilities Uses permissible on appeal to Handling Explosive*. the Planning Commission, of Facilities Emitting Odors and I further certify that the legal notice hereto attached in the matter of the Code of Fayetteville is Facilities Handling Explo- hereby amended to add the sives, shall be a conditional following: use in the 1-2, General Indus- n iMl1 - 1r J/ 7� Unit 31 - Facilities Emitting trial zoning district subject to / Odors and Facilities Handling the following conditions: was published in the regular daily issue of said newspaper for Explosives. (A) The applicant for a condi- Se -tion 3. That tional use permit must give consecutive insertions as follows: §160.055(W). Unit 23, Heavy notice of the application in a Industrial, of the Code of. newspaper of general circula- nn 2 Fayetteville is hereby amend- tion. Such notice shall specif- The first insertion on the S1ViMiy dayof 19 ed to remove the following: ically state that the condi- Manufactufing uses: tional use is for a Facility Chemical & allied products Emitting Odors andlor Facilitythe second insertion on the day of 19 Food& Kindred Products: Handling Explosives and shall - Animal fats is ods rendering describe in general terms the Beverages distilling nature of the. applciation. In the third insertion on the day of 19 Meat slaughtering and pack- addition. further notification aging shall be given to all owners of Paper & allied products property within 500 feet of the and the fourth insertion on the day of 19 Rubber is plastic products boundary line of the properly Processing is Sales: intended to contain a use list- Explosives ed under Use Unit 31 by either Wholesale & Warehousing: of the following methods: Livestock, stockyards - ( 1 ) A certified letter mailed, Apparel products return receipt iequiesled, to Z'Adll'�N Leather tanning the property owner's last Chemical & Allied Products: known address with a return Pnblis / General Manager I Any process likely to emit receipt filed in the Planning odor of have the potential for Office ten ( 10) days before explosion the Planning Commission Paper is Allied Products: meeting at which the applica- Building paper and board tion will be considered; or Paper (2) A site plan drawing show- Petroleum & Related Indus- ing the property lines, struc- Ines: ture on the property, driveways Bulk station and terminal and parking spaces, together Rubber & Miscellaneous 'with a brief written explana- Plastic Products: lions of the proposed use, may Inner tubes be circulated among the prop- Tires arty owners and must be Section 4. That § 160.055. signed by each property owner ^ 11 Establishment; Listing, of the entitled to notice under this . r I 1Y� Code of Fayetteville is hereby section. The site plan drawing. Swom to and subscribed before me on this_� day of amended to add the following: containing all necessary sig- (EE) Unit 31 - Facilities Emit- natures, must be filed with the \`—\bC, Q ling Odors and Facilities Planning Office ten (10) days 19 N6ndling Explosives. before the Planning Commis- (1) Description. Unit 31 con- sion meeting at which the I. sisis of facilities which are conditional use application is I eteeeeeeeeeeff a e er !f! ` heavy industrial in nature. but schedule to be considered. Ca which have the potential to (B) Before a conditional use r hevesadverse effects such x permit is issued for a Facility ' Notary Public, State of Arkansas t Notary Public odor or the potential for ex- is issued for a Facility Emil- pltons. . ting Odors or Handling Explo- Washington County r< (2l--IIncluded uses. sives, the building must be in- My Commission Expire S My Commission Expires 01127/0_ Manufacturing uses: spected by the Fire Marshallcc(cccccctcccccccccccccKcttcccecl: Chemical & allied products and Building Inspector to as- Food & kindred products: sure compliance with the Animal fats & oils rendering Arkansas State Fire Code and Beverages distilling to assure that no significant Meat slaughtering and pack- ' safety hazards exist. No con- ��g aging ditional use permit shall be Fees for Printing $ Paper & allied products issued for a Facility Emitting Rubber 9 plastic products Odors or a Facility Handling Cost of Proof $ Processirig & Sales: Explosives if the building Explosives _ _ Ldoesnot pass inspection. _ _, Total $ P 7�• 7 III NORTHWEST ARKANSAS TIMES III P.O. Drawer D • Fayetteville, Arkansas 72702 • (501 ) 442-1777 • (800) 498-1991 • Fax (501 ) 442-5477 RLCLAVMild Jul) 11 10496 FINANCE DEPT. �C) All facilities a b15iwe9 odors or handling exp scaShells developmen\ te sub act to eview process. (D) The tanning ommi`ssion shall be reasonable Satisfied wl that the pe merallysoltenlsrve generate g or noxious odors or creat an unreasonable hazard to the publicd . parts of ordiancnesan conlli herewith are hereby repealed. PASSED AND AP- PROVED THIS 21ST DAY OF MAY, 1996. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk ,