§ 4.18. Environmentally adverse uses.
4.18.1. Acceptable separation distance.
A.
If a property is the subject of a rezoning, use permit or land disturbance permit (limited to only those land disturbance permits tied to a new business location) which involves the development of an Environmentally Adverse Use as listed in Section 4.18.3 and any portion of such property is located within a ½ mile of an Environmentally Stressed Community, the acceptable separation distance referenced in that Section shall be required.
B.
If a property is the subject of a rezoning, use permit or land disturbance permit (limited to only those land disturbance permits tied to a new business location) which involves the development of an Environmentally Adverse Use that is not specifically listed in Section 4.18.3 and any portion of such property is located within a ½ mile of an Environmentally Stressed Community, an acceptable separation distance may be required after completion of an Acceptable Separation Distance Review by the Fulton County Department of Planning and Community Services, in collaboration with the Fulton County Board of Health.
4.18.2. Determination of the acceptable separation distance for environmentally adverse uses not listed in 4.18.3. When determining whether an identified Environmentally Adverse Use not listed in 4.18.3 should be subject to an acceptable separation distance or other regulation by Fulton County, the Department of Planning and Community Services, in its discretion, may consult those Environmental Protection Agency documents referenced in the definition of Environmentally Adverse Use as well as the following:
(1)
The Environmental Protection Agency (Technology Transfer Network, Health Research, Air and Radiation, and National-Scale Air Toxic Assessment);
(2)
Agency for Toxic Substances and Disease Registry (Minimal Risk Levels List and the Division of Toxicology and Environmental Medicine, Scientific Assessments and Consultations documents); and
(3)
The U.S. Department of Housing and Urban Development's Acceptable Separation Distance Guidebook, Office of Planning and Development Environmental Planning Division.
Findings of the Acceptable Separation Distance Review shall designate a prescribed acceptable separation distance from Environmentally Stressed Communities based on the data utilized in determining the uses' adverse status and otherwise identified herein.
If a proposed use is subject to the Acceptable Separation Distance Review process, the County's response and the results of the Acceptable Separation Distance Review will be provided to the applicant within ten (10) business days of the County's acceptance of a complete Acceptable Separation Distance Review submission. The Office of Planning and Community Services in collaboration with the Fulton County Board of Health shall determine when such submissions are deemed complete.
4.18.3. Minimum acceptable separation distance requirements between environmentally adverse uses and the nearest environmentally stressed community. The uses listed in the following chart are hereby declared to be Environmentally Adverse Uses for purposes of this Article. If a proposed Environmentally Adverse Use is not specifically listed in the following chart, the determination of whether that use should be subject to an acceptable separation distance or other regulation by Fulton County will be made through an Acceptable Separation Distance Review as referenced in Article 4.18.2.
Use
Description of Use/Industry
Anticipated Impacts Distance as measured from the point source to the nearest property line of an Environmentally Stressed Community Gaseous Noise Dust Odor Ammunition production includes explosives and fireworks Manufacture of ammunition, explosives and fireworks x ½ mile Animal feed manufacturing Manufacture of animal feed from grain and other food products x x x 1,500 feet Concrete manufacturing; Concrete batching plant or manufacturing cement products (bricks) Concrete is mixed, prepared or treated - up to 5,000 tons per year x x 1,500 feet Concrete manufacturing; Concrete batching plant or manufacturing cement products (bricks) Greater than 5,000 tons per year x x ½ mile Cement or lime manufacturing works - use of furnace or kiln Production of cement clinker or lime or cement clinker, clay, limestone or similar is ground or milled x x x x ½ mile Ceramic goods manufacturing Premises on which ceramic kitchen or table was or other non-refractory ceramic products are made x x x x 1,500 feet Chemical blending or mixing Chemicals or chemical products are blended, mixed or packaged x x x x 1,500 feet Chemical fertilizers Manufacture or artificial fertilizers x x x x ½ mile Chemical manufacturing Chemical products are manufactured by a chemical process x x x x ½ mile Chemicals - Sodium cyanide manufacturing Production of sodium cyanide x x x ½ mile Chemicals - Sodium silicate manufacturing Production of sodium silicate x x x ½ mile Chemicals - Sulphuric acid Production of sulphuric acid x x x x ½ mile Chemicals - Titanium dioxide pigment plant Production of titanium dioxide (Cl2) x x x ½ mile Chemicals storage (minor) Non-bulk storage of chemicals x x 1,000 feet Chemicals storage (bulk/major) Bulk storage of acids, alkalis or chemicals x ½ mile Chlor-alkali works Manufacture of caustic soda and chlorine x x x ½ mile Clay bricks or ceramic/refractory products works Premises on which fired-clay bricks, tiles, pipes or pottery are manufactured x x x x ½ mile Composting facility Outdoor uncovered, regularly turned windrows x x x ½ mile for manures, mixed food/putrescible & vegetative food waste; 1,500 feet for biosolids; 500 feet for green waste Composting facility Outdoor covered, turned windrows x x x ½ mile for manures, mixed food/putrescible & vegetative food waste 800 feet for biosolids; 500 feet for green waste Composting facility Outdoor covered windrows with continuous aeration x x x 1,650 feet for manures, mixed food/putrescible & vegetative food waste; 800 for biosolids; 500 feet for green waste Composting facility Enclosed windrows with odor control x x x 800 feet for manures, mixed food/putrescible & vegetative food waste; 500 feet for biosolids Composting facility In-vessel composting with odor control x x x 500 feet for manures, mixed food/putrescible & vegetative food waste; 500 feet for biosolids Crematorium Reduction of human or animal remains to ashes by incineration x x 1,000 feet Crushing of building materials Crushing or cleaning of waste building or demolition material x x ½ mile Fiberglass reinforced plastic manufacturing Using Low Styrene Emissions (LSE) resins x x 500 feet Formaldehyde Formaldehyde production x x x 1,000 feet Glass or glass fiber works Premises on which glass or glass fiber is produced x x x 1,500 feet Incineration For biomedical, chemical or organic waste x x x x ½ mile Incineration For plastic or rubber waste x x x x ½ mile Incineration For waste wood x x x 1,000 feet Industrial gases Production, processing, refining or storage of industrial gases x x x 1,200 feet (explosive) 500 feet (non-explosive) Industrial gases Commercial/retail outlets x x 1,200 feet (explosive) 500 feet (non-explosive) Joinery & wood working premises Production of wooden furniture household items such as doors, kitchen fittings, flooring & mouldings x x x 300 feet Pressurized Gas retailing with above ground tanks Pressurized gas storage & handling at retail outlets x 1,200 feet Pressurized Gas retailing with underground tanks Pressurized gas storage & handling at retail outlets x 600 feet Livestock sale yard or holding pen Holding of live animals pending sale, shipment or slaughter x x x ½ mile Metal coating Metal products are powder-coated or enameled x x x 500 feet Metal coating - industrial spray painting Site of which spray-painting is conducted inside a spray booth x x x 500 feet Metal coating - industrial spray painting Work is conducted in the open (no spray booth) x x x ½ mile Metal fabrication Sheet metal, structural metal and iron and steel products - up to 50,000 tons per year x x 1,500 feet Metal finishing Galvanizing x x x x 1,500 feet Metals - Foundries (metal melting or casting) Ferrous metals (alloys) x x x 1,500 feet Metals - Iron ore smelting Production of iron from iron ore x x x x ½ mile Metal smelting, refining, fusing, roasting, recycling scrap metal, or processing works Where metal, metal ores, concentrates or wastes are treated to produce metal (other than iron & aluminum); scrap metal is fragmented or melted to recover metal (including lead battery reprocessing) x x x x 650 feet up to 100 tons per year; 1,650 feet between 100 & 1,000 tons per year; ½ mile greater than 1,000 tons per year Paints and Inks Blending and mixing x x x 500 feet for water based; 1,000 for solvent based Paints and Inks Manufacturing x x x 1,500 for water based, ½ mile for solvent based Pesticides Manufacturing Herbicide, insecticide or pesticide manufacture by a chemical process x x x x ½ mile Pharmaceuticals Production including veterinary products x x ½ mile Plaster manufacturing Plaster, plasterboard, gyprock or other products comprised wholly or mostly of gypsum are made x x 600 feet Pulp, paper or paperboard manufacturing Manufacture of paper pulp, wood pulp, kraft paper, kraft paperboard, cardboard paper or paperboard x x x x ½ mile Straw pulp and paper mill Processing cereal straw and mixing with waste paper to produce container board x x x ½ mile Recycling - chemicals or oil (includes bio- and petro- based oil) Waste liquid hydrocarbons or chemicals are refined, purified, reformed, separated or processed x x ½ mile Recycling - scrap metal See "Metal smelting" Recycling - Used tire storage and recycling Premises on which used tires are crumbled, granulated or shredded x x x ½ mile Rendering works Animal matter is processed or extracted for use as fertilizer, stock food or other purposes x x ½ mile Resins, manufacturing Polyester resins manufacture x x x x ½ mile Resins manufacturing Rubber & synthetic resins manufacture x x x x ½ mile Rubber products manufacturing Using either organic solvents or carbon black x x x x 1,500 feet Slaughter House Killing of animals for human consumption x x x ½ mile Tannery Treatment and drying of animal skins, leather and artificial leather - using sulphide process x x x ½ mile Tannery Treatment and drying of animal skins, leather and artificial leather - small premises, non-sulphide x x 1,000 feet Textile production - artificial & synthetic fiber manufacturing or treatment Cellulose nitrate, viscose fiber, cellophane, artificial rubber or other man-made textiles manufacture x x x 1,500 feet Textile production - carpet making & other forms of manufacturing, milling or production of natural fibers Manufacture, bleaching, dyeing or finishing of cotton, linen, woolen yarns & other natural textiles x x 1,000 feet Textile operations - chemical or physical processes Using carbon disulphide (CS2) as a solvent x x x ½ mile Textile operations - chemical or physical processes Using other substances x x 1,500 feet Timber preserving premises Timber preservation by chemical means, including chromated copper arsenate (CCA) x x x 1,500 feet Used tire storage Premises on which used tires are stored, no retail operation x ½ mile Truck Terminal Buses, trucks and other heavy vehicles depot x x x 600 feet Wood-board manufacturing (including MDF plants) Premises on which particleboard or chipboard is fabricated or manufactured x x x ½ mile (Amd. No. 13-0175, 7-17-13; Ord. No. 18-0340, Att. A, 5-16-18)
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