2009-54 AMENDING ZONING ORDINANCE - RECYCLING CENTERS - LANDSCAPE PLANS - PERSONNEL TITLES

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'r r STAFF REPORT Decatur City Plan Commission COMMON NAME: City of Decatur Zoning Ordinance GENERAL INFORMATION Hearing Date July 2,2009 Calendar No. 09-31 Requested Action Amendments to Zoning Ordinance (Ordinance#3512) Petitioner Greg C. Crowe,Assistant City Manager BACKGROUND The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION II. DEFINITIONS; SECTION XVI. M-1 INTENSE COMMERCIAL — LIGHT INDUSTRIAL DISTRICT; SECTION XVII. M-2 HEAVY INDUSTRIAL DISTRICT; and SECTION XXVIII. LANDSCAPING AND EXTERIOR LIGHTING. It is Staff's hope that these changes will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live,work and play. The recycling definition is more concise and will allow for smaller and less intensive recycling functions in the M-1 District as a permitted use. The Landscaping and Exterior Lighting Section is being amended to give more flexibility to those petitioners seeking alternative compliance for landscaping. This will now allow for all parking lot setbacks to be varied due to unique circumstances by providing twenty percent (20%)more landscaping points, subject to the approval of the Director of Economic and Urban Development. Also, this amendment allows an appeal process of the Director's decision on alternative compliance through the Zoning Board of Appeals. Lastly, the Department of Engineering and Infrastructure was approved by Council to change the Department's name to the Public Works Department. Staff recommends the following amendments: DESCRIPTION Amend SECTION 11. (Definitions)by adding: "RECYCLING CENTER: A facility designed to be a collection point for recyclable materials by donation, redemption or purchase from the public. The principal function is to collect, separate/sort, flatten, crush, bale/bundle or temporarily store recyclable materials such as newspapers, magazines, books, and other paper products, glassware, and metal cans prior to shipment to a permanent disposal site, to others for reuse, and/or processing into new products or other end-use markets. The facility receives and processes only residential and commercial recyclables such as food and beverage containers and paper. This facility can be a permanent structure, temporary structure, mobile structure and/or a reverse vending machine. Recycling centers do not include the processing of recyclable materials nor does this include retail salvage operations or automobile salvage operations." Amend SECTION II. (Definitions)by deleting: "RECYCLING CENTER: A lot or parcel of land, with or without buildings, upon which materials are separated and processed for shipment and eventual use in new products." Amend SECTION XVI.A. (M-1IntenseCommercial—Light Industrial District)by adding: "Recycling Center: All collected recyclables shall be stored within a structure, mobile recycling truck or other enclosed container." Amend SECTION XVI.B.7. (M-1 Intense Commercial—Light Industrial District)by deleting: "Recycling Center." Amend SECTION XVII.A.23. (M-2 Heavy Industrial District)by adding: