§ 52-58. Environmentally sensitive land use.
(a)
The following uses or activities shall be considered environmentally sensitive land uses which have the potential to cause substantial environmental impacts beyond the boundaries of the property on which the activity or use is conducted:
(1)
Refuse disposal services, including but not limited to landfills, incinerators, and other locations which receive garbage and refuse generated off-site for storage, treatment or disposal.
(2)
The manufacture, storage or handling of more than one hundred pounds of radioactive material or radioactive waste at one time.
(3)
The generation, handling or storage of hazardous waste as defined in Chapter 361 of the Texas Health and Safety Code.
(4)
Aviation facilities such as airports and heliports.
(5)
Sewage and waste water treatment facilities.
(6)
Heavy industries, including but not limited to, saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, permanent batching yards foundry-type operations, material or auto salvage and/or wrecking operations.
(7)
Petrochemical facilities such as terminals, refineries or tank farms, any of which have more than a one thousand (1,000) barrel storage capacity.
(8)
Railroad switching yards.
(9)
Jet engine or other engine testing facilities.
(b)
Altering, creating, establishing, etc., environmentally sensitive land uses or activities.
(1)
Notwithstanding any other provisions of this ordinance, it shall be unlawful to alter, create, establish, extend, expand, suffer, maintain or permit an environmentally sensitive land use or activity on any property within the City of Irving.
(2)
It shall be an affirmative defense to a prosecution under subsection (b)(1) of this section relating to suffering, allowing or permitting an environmentally sensitive land use, if such use was a permitted use and was commenced prior to January 4, 1990. This section shall not provide an affirmative defense to any person who alters, extends or expands an environmentally sensitive land use that was in existence on January 4, 1990.
(3)
It shall be an affirmative defense to a prosection under subsection (b)(1) of the section, if the ordinance establishing the particular "S-P-1" or "S-P-2" zoning district specifically authorized the particular environmentally sensitive land use or activity and was enacted within five (5) years prior to the date upon which such land use or activity is commenced.
(c)
An applicant who has begun construction on an environmentally sensitive land use within five (5) years of the enactment of an ordinance establishing the particular "S-P-1" or "S-P-2" zoning district and authorizing the particular environmentally sensitive land use may request that the city council extend the time in which the environmentally sensitive land use must commence. A request for an extension must be accompanied by a timetable for remaining construction activities. In no case may the proposed land use or activity commence later than eight (8) years after the enactment of the enactment of the ordinance establishing the particular "S-P-1" or "S-P-2" zoning district.
(d)
Any zoning change application to authorize an environmentally sensitive land use or activity must meet all of the requirements of either section 52-32a or section 52-32b. The planning and zoning commission may recommend and the city council may require any additional degree of specificity deemed appropriate in regard to building, facility or other improvement location in either the "S-P-1" or "S-P-2" districts.
(e)
The following additional information shall be submitted with the application for the zoning changes to authorize an environmentally sensitive land use or activity.
(1)
All final environmental assessments and environmental impact statements for the proposed use or activity if either or both are required pursuant to state or federal law, including, but not limited to, the National Environmental Policy Act (as amended);
(2)
Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed use or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting the proposed use or activity over alternatives thereto;
(3)
A description of the present use, assessed value, and actual land value of land which will be used or adversely impacted by the proposed use or activity and each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-term plans and master plans for the future use or development affecting such land;
(4)
A description of the applicant's ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed use or activity and for each alternative thereto considered by the applicant;
(5)
A description of the feasibility and costs of any necessary removals of or modifications to residential, commercial and public structures in connection with the proposed use or activity and with each alternative thereto considered by the applicant;
(6)
A description of all special construction requirements for the proposed use or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;
(7)
If the proposed use or activity will result in increased noise levels, a description of the noise levels in the City of Irving or in contiguous cities expected to be generated by or in conjunction with the proposed use or activity upon commencement of operations and during each fifth year thereafter over the projected life of such use or activity, including (i) maps showing projected fifty-five (55), sixty (60), sixty-five (65), seventy (70) and seventy-five (75) Ldn noise contours and (ii) hourly data showing the projected geographical distribution and duration of any single noise events in excess of sixty-five (65), seventy-five (75), eighty-five (85) and ninety-five (95) db;
(8)
Copies of all studies undertaken or considered by any local, state or federal agency in connection with the proposed use or activity and each alternative thereto considered by the applicant;
(9)
Such other material, documents, testimony or information as may be requested by the city council, the planning and zoning commission or the director of community development to assist them in determining whether all appropriate standards have been met.
(f)
Waiver of requirements of this section.
(1)
The city council may, after a public hearing, waive any part or all of the application requirements imposed by subsection (d) of this section upon petition by the applicant stating and showing that:
a.
Full compliance with the application requirements of subsection (1) of this section would be unreasonably burdensome; and
b.
The proposed use or activity will not have a substantial impact on the surrounding area.
(2)
A waiver may be granted only if the city council determines that the information submitted is sufficient to determine that the proposed use or activity will comply fully with all applicable ordinances and master plans and that the proposed use or activity will not have a substantial impact on the surrounding area.
(g)
Governmental immunity.
(1)
Upon petition of the applicant, the city council may officially recognize that the applicant is immune from compliance with this ordinance for a proposed use or activity (i) if such immunity specifically is required to be granted by any applicable state or federal statute, or (ii) in the absence of such a statute, upon consideration and balancing of all relevant factors, including, but not limited to:
a.
The impact of zoning compliance on the proposed use or activity;
b.
The impact of the proposed use or activity on the community;
c.
Whether a more prudent and feasible alternative location exists for the proposed use or activity; and
d.
The need of the applicant and the region of the use or activity at the proposed location.
(2)
Immunity may be granted pursuant to subparagraph (3) only after notice has been given and public hearings have been held.
(h)
In granting or denying an application for an environmentally sensitive land use, the city council shall take into consideration the following factors in addition to the factors otherwise considered in connection with an "S-P-1" or "S-P-2" request:
(1)
Disruption to existing neighborhoods from the proposed use or activity and the extent to which the proposed use or activity will complement in the least intrusive manner the needs of the city, region and the state.
(2)
Benefits of the proposed use or activity weighed against the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks or natural, scenic or historic features of significance.
(3)
Benefits of the proposed use or activity weighted against the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use.
(4)
Alternative sites for meeting the projected need or demand for the proposed use or activity which may be less costly or less intrusive to existing communities, and the adequacy of means undertaken to minimize adverse impacts of the proposed use.
(5)
The extent to which the proposed use or activity is consistent with prior plans, master plans, and projections of the applicant, if any, upon which the City of Irving has based planning or zoning decisions or, if the proposed use or activity is inconsistent with prior plans or projections of the applicant, the extent to which such inconsistencies are outweighed by the benefits to the community from the proposed use.
(i)
This section shall not be effective as to land within the current or future boundaries of Dallas/Fort Worth International Airport.
(Ord. No. 5733, § 1, 1-4-90; Ord. No. 5994, § 1, 7-25-91; Ord. No. 6822, § 2, 7-3-96)