§ 44-106. Heavy industry standards.

Every application to develop a heavy industry shall be treated as a major application. All heavy industry uses, including those uses permitted within the I-2 district, shall comply with the following requirements:

(1)

Location. The boundaries of a lot upon which a heavy industry is or is to be located shall not be sited within 1,000 feet of any residential dwelling, or any property containing a school, public playground, church, hospital, clinic, public library, day care center, residential child care facility, or other institution for children or dependents. No portion of a lot approved for development of a heavy industry shall be located within 500 feet of the boundaries of the Flood Hazard Overlay District or the Lake Overlay District.

(2)

Dimensional requirements. A lot upon which a heavy industry is or is to be located shall contain at least three acres, and shall comply with the applicable dimensional requirements for the district in which the lot is located.

(3)

Compliance with federal and state regulations. No permit for construction of a heavy industry shall be issued by the development code administrator until the applicant has provided copies of permits or approvals verifying compliance of the proposed land development activities with all applicable federal and state regulations, including, but not limited to, the National Pollutant Discharge Elimination System and Air Quality Control Regulations promulgated by the Environmental Protection Agency. The planning commission may require the applicant to utilize the best available technology to treat and minimize potential pollution impacts generated by the proposed use.

(4)

Storage of hazardous materials. All hazardous materials shall be stored in compliance with the applicable requirements of section 44-108 of this article.

(5)

Adjustment to height restrictions. The planning commission may allow structures associated with a heavy industry to exceed the height restrictions for the zoning district, if such increase is necessary to minimize potential pollution impacts and the applicant shall utilize the best available technology to treat the pollution that will be generated. However, no height restriction modification shall be granted that would allow any structure to exceed or breach the imaginary surfaces established for the Thomson-McDuffie County airport under Part 77 of the Federal Aviation Regulations (FAR).

(6)

Protection of sensitive natural resources. All areas of a heavy industry lot that do not constitute developable land areas shall be reserved and maintained as open space. The planning commission may require an additional buffer area of up to 25 feet in width between the proposed industrial uses or activities and the open space lands, if it deems the buffer necessary to protect the open space lands from potential or accidental pollution impacts.

(7)

Landscaping. All heavy industries shall be attractively landscaped to help mitigate their potential visual impacts on adjoining lands. The planning commission may impose special landscaping and buffer requirements as is consistent with this chapter and as it deems necessary to screen the proposed use from neighboring properties.

(8)

Municipal water and sewer. Heavy industry uses shall be served by municipal water and sewer.

(Ord. of 3-23-99, Art. VI, § 6)