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Home My WebLink AboutAmending Chapter 4 Fertilizer Manufacturing Facilities ORDINANCE No. 7432-85 Passed by the Common Council of the City of South Bend, Indiana February 11, rq 85 Attest: T`z- AT )1-----..—.) City Clerk IRENE K. GAMMON 1 r Attest: ;• ' - 4 -1 -' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 12, Igo_ 4-,—,---k_ (C- )30_,,,,,..) City Clerk IRENE K. GAMMON LCD !�= �G� Approved and signed me / a r pp'r' Sn �' .� � 9 6:ei / Mayor SUBSTITUTE BILL 144-84 ORDINANCE NO. 7 a2-IS' AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF A NEW SECTION 4-23 ENTITLED FERTILIZER MANUFACTURING FACILITIES STATEMENT OF PURPOSE AND INTENT: The Common Council believes that it is in the best interest of public health and safety to establish reasonable licensing and operating requirements for facilities which process certain substances into fertilizer. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL of the City of South Bend , Indiana, as follows : SECTION I. Chapter 4, Article 4, of the Municipal Code of the City of South Bend , is hereby amended by the inclusion of a new Section 4-23, as follows : Section 4-23 Fertilizer manufacturing facilities . (A) Definitions : For the purpose of this section, specific terms shall be defined as follows : 1 . Organic waste shall mean any waste material relating to or derived from living organisms . 2 . Fertilizer shall mean any substance derived from the processing of organic waste and designed to have or claimed to have value in promoting plant growth. 3 . Fertilizer manufacturing facility shall mean any facility or location where organic waste is processed commercially for the purpose of turning it into fertilizer, but does not include a location where manure or crop residue is returned to the soil at the point of generation as part of a total farm or gardening operation. (B) License Required : No person, firm or corporation shall operate a fertilizer manufacturing facility without first obtaining a license from the office of the City Controller. (C) License Procedure: 1 . License applications and renewal applications shall be made upon forms provided by the City Controller. The forms shall contain the following information : a. Legal name of applicant; b . Present address and phone number of applicant; c. Street address of proposed site of operation; d . Zoning of proposed site. e. Number of off-street parking spaces available ; i. Anticipated number of vehicles entering and leaving the facility daily; j . Anticipated noise and vibration level generated by facility ; k. Anticipated odor emitted by facility; 1 . Evidence of approval from all federal, state and local agencies having jurisdiction over citing construction and operation of facility, including compliance with Section 21 -36 of the Municipal Code of South Bend ; m. Any additional information required by the Board of Public Works as to ownership and operation of the facility. 2 . The completed application shall be submitted to the office of the Controller along with the appropriate application fee and a site plan of the proposed location showing the property lines and all buildings , parking spaces , loading docks and landscaping thereon. The office of the Controller shall forward the completed application and supporting documents to the clerk of the Board of Public Works who shall submit same to the Fire Prevention Bureau, Bureau of Traffic and Lighting , Code Enforcement Department and County Health Department for review and recommendation regarding compliance with all applicable fire codes , traffic rules and regulations , building codes , and public health safety and environmental regulations . Within ten (10) days after receipt of an application each agency shall forward of the Clerk of the Board of Public Works a written report stating in detail any existing violations of applicable state, local or federal laws , standards or regulations , along with a recommendationa s to whether or not a license should be issued . 3 . Upon receipt of all required reports and recommendations , the Clerk of the Board of Public Works shall publish notice of a public hearing to be held by the Board for the purpose of reviewing the reports and recommendations and of determining whether or not to recommend to the Common Council issuance of a license. If the Board finds that the reports and recommendations of the Fire Prevention Bureau, Bureau of Traffic and Lighting, Code Enforcement Department and County Health Department are favorable , it shall adopt a resolution recommending issuance of a license and shall forward same along with all reports and recommendations and an appropriate Council resolution to the Common Council for its consideration. 4. After the Common Council has reviewed the reports and recommendations of the various departments and bureaus and the resolution of the Board of Public Works, it shall hold a public hearing to receive further information from interested parties concerning the impact of the proposed operation on public health, safety and general welfare of the community. If after public hearing the Common Council finds that the proposed operation will not have an injurious effect on public health, safety and general welfare of the community, it shall approve the issuance of the license and shall pass a resolution setting forth its findings and approval . 5 . Following approval by the Common Council , the Controller shall issue or renew the fertilizer manufacturing facility license. (d) An applicant may appeal the denial of a fertilizer manufacturing facility license pursuant to the procedures set forth in Section 4-16 of this chapter. (e) License Fee: The annual fee for a license to operate a fertilizer manufacturing facility shall be two hundred ($200.00) dollars , payable to the Controller at the time of issuance of the license. (f) Zoning Restrictions : Fertilizer manufacturing facilities shall be located only in areas zoned "E" Heavy Industrial , however, no fertilizer manufacturing facility shall be located within one thousand (1 ,000) feet of any of the following zoning districts as defined by the zoning chapter of this code : 1 . "A" Residence District 2 . "A-1 " Residence District 3 . "A-2" Planned Residential Development District 4. "A-3" Mixed Use Multi-family Residential and Commercial 5 . "B" Residence District 6 . "B-1" Residence District 7 . "C-1 " Commerical , Limited Use District 8 . "C-2" Planned Shopping Center District (g) Screening : If the fertilizer manufacturing facility is not to be operated wholly within a structure, the premises shall be surrounded by a continuous visual screen consisting of a solid fenced wall six (6) feet in height or a densely planted hedge six (6) to eight (8) feet in height. (h) Operation and Maintenance : A fertilizer manufacturing facility licensed under this ordinance shall be subject to all applicable federal , state and local statutes , ordinances and regulations , as well as all regulations promulgated by the Board of Public Works to insure safe and sanitary operation of the facility. The facility shall be inspected semi-annually by the Fire Prevention Bureau, Bureau of Traffic and Lighting, Code Enforcement Department and County Health Department for compliance. ( i) Penalties : Any person, partnership or corporation who violates any provision of this section shall be subject to the penalties of Sections 4-15 and 4-16 of this Chapter and may, upon conviction, be fined not less than $25.00 or more than $2 ,500.00. Each day of violation SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council .13TH 8 ee® 04�°'�'''►`�Ibr,�� ®°° BILL 144-84 CITY of SOUTH BEND 7)11: COMMON COUNCIL ktt, i86'b'„o 441 COUNTY-CITY BUILDING SOUTH BEND,INDIANA 46601 BEVERLIE J.BECK Area 219 284-9321 President EUGENIA BRABOY Vice-President JOSEPH T.SERGE November 28, 1984 Chairman, Committee of the Whole To: My Fellow Councilmembers Re : Fertilizer Manufacturers Ordinance JOSEPH T.SERGE First District For the last several months , I have been meeting EUGENIA BRABOY Second District with members of neighborhood organizations , Mrs. BEVERLIE J.BECK Carolyn Pfotenhauer, City Attorney's office , Mrs . ThirdDistrict Katherine Barnard , Code Enforcement Department, and ANN B.PUZZELLO Mrs . Cathy Cekanski-Farrand, Council Attorney, in an Fourth District attempt to draft an ordinance that would address the ROBERT G.TAYLOR Fifth District possibility of a fertilizer manufacturing operation THOMAS ZAKRZEWSKI locating within the city of South Bend. Sixth District BEVERLY D.CRONE It was the general concensus of opinion that because At Large of the many public health and safety considerations ALAtPaSgeK involved with fertilizer manufacturing operations , that JOHN VOORDE certain reasonable licensing requirements should be AtLarge enacted to protect the public interests. K.CEKANSKI-FARRAND Council Attorney The attached bill sets forth certain licensing standards which all such operations would have to meet before beginning operation. I would appreciate this bill being set for second reading and public hearing the last meeting in January to allow for committee review and for any further input from the legal departments or any interested Council Members , as well as the public. I thank you for your support of this ordinance . Beverly D. Crone Councilman-at-Large