7-9-101    Definitions.

7-9-102    License Required.

7-9-103    Site Improvements.

7-9-104    Material Storage Requirements.

7-9-105    Material Recycling Requirements.

7-9-106    Hours of Operation.

7-9-107    Roadways.

7-9-108    SWPPP.

7-9-109    Inspection and Renewal.

7-9-110    Revocation.

7-9-111    Appeal.

7-9-112    Penalty.

7-9-101 Definitions.

For the purposes of this Chapter, the following terms, phrases, and words shall have the meaning given herein:

“License” shall mean a license issued by the Community Development Department for a materials processing and storage business operation in the Overlay Zone.

“Licensee” shall mean a business with a materials processing and storage operation that is operating pursuant to a lawfully issued license under this Chapter.

“Overlay Zone” shall mean the Materials Processing and Storage Overlay Zone as set forth in Title 11, Chapter 5, Article 7.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-102 License Required.

(1)    It shall be unlawful for any person or entity to operate, maintain, or engage in the business of a materials processing and storage business in the Overlay Zone without first obtaining a business license from the City. A materials processing and storage business shall follow all regulations in this Chapter.

(2)    The fee for a materials processing and storage business license shall be in an amount set by resolution of the City Council, which shall be in addition to any business license fee required by Chapter 1 of this Title.

(3)    The business license regulations and provisions in Chapter 1 of this Title shall govern the procedure for obtaining and renewing material processing and storage business licenses.

(4)    Where any provision of the regulations of this Chapter are in conflict with the regulations or provisions of Chapter 1 of this Title, the provisions and regulations of this Chapter shall control.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-103 Site Improvements.

Every licensee of such premises shall install and maintain the site improvements specified for and required in the Overlay Zone.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-104 Material Storage Requirements.

Materials processing and storage businesses in the Overlay Zone shall operate as follows:

(1)    Storage or stockpiles of materials shall not exceed twenty-five (25) feet in height.

(2)    Volume of materials on any lot or parcel shall not exceed seven thousand five hundred (7,500) cubic-yards multiplied by the number of acres in the lot or parcel.

(3)    Stored material shall not emit any dust, fumes, vapors, or odors beyond the business’s property boundaries.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-105 Material Recycling Requirements.

(1)    When processing and recycling material, including, but not limited to, concrete, wood, asphalt and other paving materials, a licensee shall not emit any dust, fumes, vapors, odors, waste, or noise above seventy-five (75) decibels beyond the business’s property boundaries.

(2)    No material recycling activities shall take place within six hundred (600) feet of a residence.

(3)    As part of a licensee’s business application process, a licensee shall provide an operational plan for how the licensee is going to ensure the licensee’s recycling operations will comply with the requirements in subsections (1) and (2) of this Section. Licensee shall follow the operation plan approved through the business license process.

(4)    A licensee shall follow all State, Federal and local laws and regulations in recycling materials.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-106 Hours of Operation.

Materials processing and storage businesses within the Overlay Zone shall only operate within the hours of 7:00 a.m. to 7:00 p.m.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-107 Roadways.

Materials processing and storage businesses within the Overlay Zone shall only use major arterial roadways as haulage routes within the limits of the City. Licensee trucks shall not disturb the operation of roadways while entering or exiting the site. As part of business licensing approval, an applicant shall provide a written operational plan showing how an applicant’s trucks and other vehicles will not disrupt or disturb in any way the operation of roadways. The submitted roadway operational plan must be based on a current traffic engineering study approved by the City Engineer before the applicant receives business license approval. The City Engineer will rely on engineering traffic standards in determining whether the roadway operational plan should be approved.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-108 SWPPP.

Each licensee shall have an approved storm water pollution protection plan and continually maintain approved protection measures and display a copy of the approved plan on site.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-109 Inspection and Renewal.

(1)    Each licensee shall submit to inspection for compliance with these standards with a twenty-four (24) hour notice.

(2)    A license shall not be renewed if the licensee is not in compliance with all business license standards as determined by an annual inspection.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-110 Revocation.

(1)    Violation of any of the provisions of this Chapter shall be grounds for denial of a license in any year subsequent to the license year in which the violations occurred.

(2)    The Community Development Director may suspend or revoke any license at any time following the provisions of Sections 7-1-302 and 7-1-303.

(3)    The Community Development Director after notice and a hearing may revoke a license at any time if the licensee is operating in such a way as to constitute a breach of the peace, a nuisance, or a menace to the health, safety, or general welfare of the public. Notice of the hearing for revocation of a license under this subsection shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the licensee’s last known address at least five (5) days prior to the date set for hearing.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-111 Appeal.

(1)    Any person or entity aggrieved by any decision of the Community Development Director under this Chapter shall have the right to appeal to the City Administrator by filing a written appeal within ten (10) days following the effective date of the Community Development Director’s decision. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the reasons why the Community Development Director’s decision should be overturned.

(2)    The City Administrator shall fix a time and place for hearing the appeal and shall give notice to the appellant thereof. The findings of the City Administrator shall be final and conclusive.

(Ord. No. 27-2019 § 1, 12/10/2019)

7-9-112 Penalty.

(1)    Violation of any provision of this Chapter shall subject the licensee to a Class B misdemeanor and, upon conviction thereof, shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

(2)    The City may still revoke or deny a business license of a person or entity charged with a Class B misdemeanor under this Section. (Ord. No. 27-2019 § 1, 12/10/2019)