(a)

The regulations in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in the ordinance.

(b)

Any use determined to be hazardous or obnoxious based on the criteria within this Article are permitted only in Heavy Industrial (H-I) districts. Such uses are prohibited in all other districts.

(a)

The uses listed below are considered hazardous or obnoxious uses and must be approved by the City Council after a public hearing in accordance with the provisions of Article VI, Zoning, prior to the issuance of a construction permit or a certificate of occupancy.

(1)

Fuel gas storage (not service stations or gas stations)

(2)

Fuel gas distribution station

(3)

Gasoline storage and wholesale distribution. (Does not include service stations or gas stations)

(4)

Cement, lime, gypsum or plaster of Paris manufacture or storage

(5)

Gas manufacture

(6)

Gravel pits.

(7)

Refining of petroleum or its products

(8)

Sand and gravel pits

(9)

Land and gravel storage yard

(10)

Reserved

(11)

Vulcanizing and galvanizing shops

(12)

Oil, gas and mineral exploration

(13)

Sand blasting as a primary occupation

(14)

The production and/or storage of red label chemicals and products as defined by the Occupational Safety and Health Administration (OSHA).

(15)

Any other similar use which would be objectionable or obnoxious because of danger from radiation, explosion or because of the emission or creation of smoke, dust, fumes, odors, gas, noise, vibration or similar conditions as determined by the Director of the City of Kenner Department of Inspections and Code Enforcement.

(b)

Any use that requires permitting from the US Environmental Protection Agency (EPA) or Louisiana Department of Environmental Quality (LADEQ) or is listed on the EPA's Toxic Release Inventory (TRI) must obtain a Determination of Hazardous and Obnoxious Use in accordance with the provisions of this Article. If such review finds proposed use to be hazardous or obnoxious, then the proposed use must be approved by the City Council after a public hearing in accordance with the provisions of Article VI prior to the issuance of a construction permit or a certificate of occupancy.

(c)

A Neighborhood Early Notice Conference, as stated in Article VI, Section 6.01(c) is required for any proposal if the development site is within one thousand (1,000) feet of a residential zoning district

The uses determined to be hazardous or obnoxious uses must be approved by the City Council, subject to compliance with the following criteria, after public hearing in accordance with the provisions of Article VI, Section 6.02 (e), prior to the issuance of a construction permit, or a certificate of occupancy.

(a)

The proposed use shall be compatible with and shall not adversely affect other property in the area and in no case will the proposed use be located within one thousand (1,000) feet of any structure used for human occupancy, provided, however, that this occupancy provision shall not apply to occupancy required for the processing, receiving or storage of the hazardous or noxious material. The distance shall be measured radially from the property lines.

(b)

The minimum site area shall be fifty thousand (50,000) square feet and the structure coverage shall not exceed fifty (50) percent of the site area.

(c)

The building or buildings occupying the hazardous or obnoxious use shall be set back from all property lines a distance of not less than one hundred (100) feet.

(d)

The street system, ingress and egress, off-street parking, loading and pedestrian ways shall be adequate and in accordance with the Code of Ordinances of the City of Kenner.

(e)

Adequate safeguards shall be provided to limit toxic, noxious, or offensive emissions of smoke, gas, gases, vibration, light, noise, glare, dust and odors, or other toxic, noxious, or offensive fumes, ground pollutants or pollutants of any kind. Safeguards regarding the foregoing shall be presented to the City and shall minimize adverse impacts and nuisances in accordance with the best available technology.

(f)

Open space shall be maintained by the owner/developer sufficient to provide ready access to fire and emergency equipment.

(g)

The proposed use shall comply with all current regulations including, but not limited to, those set forth by the Environmental Protection Agency, Occupational Safety and Health Administration, Louisiana Department of Environmental Quality, Jefferson Parish and the City of Kenner.

(h)

Any proposed change in use or processing, including any changes in the use of the products or products themselves, which may affect emission data previously submitted, shall require City Council approval in accordance with this section.

(i)

An adequate on-site system shall be provided to contain run-off and any hazardous materials stored on site shall be contained in such a way to prevent the run-off, leakage, or discharge of these materials.

(j)

All new and renovated service stations and related establishments shall be required to install monitoring wells.

(k)

All facilities with below ground storage sites shall provide monitoring wells.

(l)

All monitoring wells shall be sampled every three (3) months by the owner/operator to measure leakage or seepage of the contents stored in the underground storage facility. The laboratory report shall be provided to the Department of Inspections and Code Enforcement for each quarterly sampling.

(m)

An environmental impact statement must be provided when requested from the Department of Inspections and Code Enforcement, Fire Department or Wastewater Operations Department.

(n)

A proposed use, which includes the use of propane gas, must specify in the ordinance that any individual pumping said propane gas shall be certified to do so.

(o)

The ordinance proposing a hazardous or obnoxious use shall include a section requiring the applicant or current owner to submit an inventory list of all hazardous materials on the site to the Department of Inspections and Code Enforcement on an annual basis, from the date of adoption of the ordinance.

(p)

Approval by the City's Wastewater Operations Department of a spill prevention plan, when required.

(q)

In the event that any of the above standards or regulations is in conflict with each other or any other section of this code, the more restrictive standard or regulation shall govern.