The proposed initiative below would amend the Kanab City Land Use Ordinance to require voter approval of a coal hydro-gasification or electric generating facility. The initiative also requires a local vote if the owners of the proposed facility want to expand the operations of their gasification plant.

 

ORDINANCE NO.

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AN ORDINANCE AMENDING THE KANAB CITY LAND USE ORDINANCE TO REQUIRE VOTER APPROVAL OF A COAL HYDRO-GASIFICATION OR ELECTRIC GENERATING FACILITY

 

PREAMBLE

WHEREAS, in compliance with UCA 20A-7-501, et. seq., the requisite number of voters of Kanab City having determined that it is in the best interest of Kanab City to amend the Kanab City Land Use Ordinance, Chapter 8, Conditional Uses, Section 8-2, pertaining to Permit Required, and Section 8-7, pertaining to Expansion of a Conditional Use, Section 8-8, pertaining to Issuance of Building Permit and Section 8-9, pertaining to Revocation, and having submitted the within proposed law to the Kanab City Council for adoption or submission to a vote of the people for approval or rejection, NOW THEREFORE, BE IT ORDAINED BY THE KANAB CITY COUNCIL, KANE COUNTY, STATE OF UTAH:

 

Section 1: Kanab City Land Use Ordinance Section 8-2 is amended to read as follows:

Section 8-2. Permit Required

1. A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this ordinance and for any coal hydro-gasification facility or electric generating facility when a planned unit development permit, or any other permit, has been applied for or approved;

a. No conditional use permit shall be issued for a coal hydro-gasification facility or any electric generating facility without first being approved by a majority of registered voters within Kanab City voting at the next regularly scheduled election;

b. No public hearing need be held on a conditional use permit; however, a public hearing must be held before the Kanab City Council whenever a conditional use permit is applied for by a coal hydro-gasification or electric generating facility. The conditional use permit application for a coal hydro-gasification facility or electric generating facility must be decided by the Kanab City Council after a public vote;

c. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the certificate.

2. For purposes of Chapter 8 of the Kanab Land Use Ordinances, the term "coal hydro-gasification facility" means any facility designed to produce combustible gas and/or liquid fuel from carbonaceous feedstock including, but not limited to, coal, tires, rubber, plastic, textiles, paper, wood, cardboard, food/yard waste, or sewage for the purpose of conducting research and development, or to develop a future commercialization pathway for this process, or for commercial production. For purposes of Chapter 8 of the Kanab Land Use Ordinances, the term "electric generating facility" means a power plant containing a turbine, electric generators, and auxiliary equipment for converting mechanical, chemical, and/or nuclear/fission energy into electric energy.

3. No building permit or other permit or license shall be issued for a use requiring conditional use without first being approved by the Kanab City Planning Commission. No building permit shall be issued for a coal hydro-gasification facility or electric generating facility unless the conditional use permit is first approved by a majority of registered voters required by Section 8-2.(1)(a). If for whatever reason, a conditional use permit was not submitted to a vote of the people for approval or rejection required by Section 8-2.(1)(a), then no building permit shall be issued for a coal hydro-gasification facility or electric generating facility without first being approved by a majority of registered voters within Kanab City voting at the next regularly scheduled election.

Section 2: Kanab City Land Use Ordinance Section 8-7 is amended to read as follows:

Section 8-7. Expansion of a Conditional Use

1. Expansion of a Conditional Use No Use or structure in which a conditional use is located may expand without the approval of the Kanab City Planning Commission or the Kanab City Council. Before expanding, the applicant shall present to the Kanab City Planning Commission a Development Plan meeting the requirements of 8-5 above. No public hearing need be held. However, the Kanab City Planning Commission may deem a hearing necessary;

a. A public hearing before the Kanab City Council shall always be required for any expansion of a coal hydro-gasification facility or any electric generating facility. Any expansion of a coal hydro-gasification facility or electric generating facility shall require approval of a majority of registered voters within Kanab City voting at the next regularly scheduled election. For purposes of this paragraph, the term “expansion” includes, but is not limited to, any change of feedstock, increase in hours of operation, change in manner of operation, alteration of the facility or building, increase in production, or development of a future commercial operation, or any other change to the facility.

Section 3: Kanab City Land Use Ordinance Section 8-8 is amended to read as follows:

Section 8-8. Issuance of Building Permit

1.Inspection following the issuance of a conditional use permit, by the Kanab City Planning Commission or the Kanab City Council, the Kanab City Building Inspector shall approve an application for a building permit, and shall insure that development is undertaken and completed in compliance with said conditional use and building permit.

2. For any coal hydro-gasification facility or electric generating facility, the City of Kanab must employ an inspector that has specific qualifications in inspecting all components of such facilities including, but not limited to, inspection of all piping and components that will be subject to high pressures.

Section 4: Kanab City Land Use Ordinance Section 8-9 is amended to read as follows:

Section 8-9. Revocation

1. A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and the applicant shall be so notified of revocation by the City of Kanab;

a. Any conditional use permit and/or building permit for a coal hydro-gasification or electric generating facility issued by the City of Kanab after an application for an initiative petition addressing the issuance of conditional use and building permits had been filed with the city recorder or city clerk, but before a vote of the citizens occurred as described in Section 8-2 above, shall be null and void and of no legal affect.

2. Any conditional use permit and/or building permit, with the exception of a conditional use permit and/or building permit for coal hydro-gasification or electric generating facilities that were rejected by the voters in a regularly scheduled election, may be reinstated upon determination by the Kanab City Planning Commission that the cause for revocation has been corrected and that the applicant intends to proceed according to the plans approved by the Kanab City Planning Commission at the time the permit was originally issued, or as they might have been properly amended by the Kanab City Planning Commission from time to time during the period of the conditional use. Revocation or reinstatement of a conditional use permit for a Planned Development, Mobile Home Subdivision, Mobile Home Park, or Recreational Coach Park is the responsibility of the Kanab City Council.

Section 5:

Effective Date: This ordinance shall take effect upon the date of its adoption by the City of Kanab, or five days after its approval by a vote of the people, and upon publication in one issue of a newspaper in general circulation within the City of Kanab.