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HomeMy WebLinkAboutOrd.793.12-18-1989 BILL N0. 89-231 ORDINANCE N0. �qJ AN ORDINANCE AMENDING SECTION 30-38 OF THE CITY CODE OF CAPE GIRARDEAU ENTITLED SPECIAL USE REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . Section 30-38 of the Code of Ordinances of the City of Cape Girardeau, Missouri , entitled "Special Use Regulations" is hereby amended by the addition of one ( 1 ) new paragraph to be designated Section 30-38 (C) "Special Uses ( 28 ) " , in words and figures as follows, to-wit : Sec. 30-38 (C) Special Uses . ( 28 ) Recycling in C-2, C-3, M-1 or M-2 districts, including salvage, processing and storage of paper and paper products; aluminum cans and other metal containers; cloth, clothing and rags; plastics and rubber products; lumber or wood products ; and glass. Provided, however , that all processing, treatment and handling of the above described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a building or in closed transport trailers, in such a manner as not to create a nuisance by virtue of odor , vermin, emission, or discharge. Provided further that any processing of such materials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts . Loading and unloading of materials from transport vehicles shall be completed and the transport vehicles removed from the premises within twenty-four ( 24) hours of the receipt of a transport vehicle on the premises . Exclusions : (a ) No special use permit shall be required under this section for any person, company or firm engaged in recycling activity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that business . (b ) No special use permit will be reauired under the provisions of this section for recycling activity conducted by non-profit organizations for periods not exceeding thirty ( 30 ) days in any calendar year . (c ) A special use permit shall not be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal operation purposes only and not for resale to the public for profit . ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri , and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS �� DAY OF ��jn-1fj��7 , 1989 . - � ancis E. R odes, Mayor ATTEST: ,t:l%C,C-�� Juli � . Dale Dep City Clerk