\
, i /ton 1
SUBSIITUTE ORDINANCE
WHEREAS, The City has determined that the storage and processing of coke & coal bulk material, such as petroleum coke, negatively impacts residential areas near the industrial zones where such activities occur; and
WHEREAS, These negative impacts include scenic blight, together with increased noise from coke and coal operations and related road and rail traffic; and
WHEREAS, Perhaps most troubling are these operations' creation of airborne particulate matter, which migrates into residential areas, subjecting Chicagoans to severe inconvenience and unpleasantness by blackening their homes and vehicles, and making it impossible for them to enjoy their outdoor spaces; and
WHEREAS, Coke & coal bulk material uses not only significantly impact nearby residents' quality of life, but also reduce the value of their properties and inhibit economic development in their neighborhoods; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 17-2-0200 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-2-0200 Allowed uses.
(Omitted text is unaffected by this ordinance) 17-2-0207 Use Table and Standards.
(Omitted text is unaffected by this ordinance)
USE GROUP |
Zoning Districts |
Use standard |
Parking standard |
Use category |
RS |
R S |
R S |
RT |
R T |
R M |
RM |
RM |
|
|
Specific Use Type |
1 |
2 |
3 |
3.5 |
4 |
4.5 |
5-5. 5 |
6-6. 5 |
|
|
P= permitted by-right S = special use approval req'd PD = planned development approval req'd - = Not allowed |
|
|
|
|
|
|
|
|
|
|
|
(Omitted text is unaffected by this ordinance)
W. Coke & Coal Bulk |
- |
- |
- |
- |
- |
- |
- |
- |
§ 17-9- |
None Req'd |
Material |
|
|
|
|
|
|
|
|
0117-B |
|
1
SECTION 2. Section 17-3-0200 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-3-0200 Allowed uses.
(Omitted text is unaffected by this ordinance) 17-3-0207 Use Table and Standards.
(Omitted text is unaffected by this ordinance)
Parking Standard
Use Standard
Use Category
B1 B2 B3
USE GROUP Zoning Districts
C1 C2 C3
Specific Use Type
P= permitted by-right
S = special use approval req'd
PD = planned development approval req'd
- = Not allowed
(Omitted text is unaffected by this ordinance)
YY. Coke & |
1 |
- |
- |
- |
- |
|
§ 17-9-0117-B |
None Req'd |
Coal Bulk Material |
|
|
SECTION 3. Section 17-4-0200 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-4-0200 Allowed uses.
(Omitted text is unaffected by this ordinance) 17-4-0207 Use Table and Standards.
(Omitted text is unaffected by this ordinance)
Use Standard
Parking Standard
USE GROUP
Use Category
Zoning Districts
DC DX DR DS
Specific Use Type
P= permitted by-right
S = special use approval req'd
PD = planned development approval req'd
- = Not allowed
(Omitted text is unaffected by this ordinance)
YY. Coke & Coal |
- |
- |
- |
- |
§ 17-9-0117-B |
None Req'd |
Bulk Material |
|
|
SECTION 4. Section 17-5-0200 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-5-0200 Allowed uses.
(Omitted text is unaffected by this ordinance) 17-5-0207 Use Table and Standards.
(Omitted text is unaffected by this ordinance)
USE GROUP |
District |
Use Standard |
Parking Standard |
Use Category |
M1 |
M2 |
M3 |
|
|
Specific Use Type |
|
|
|
|
|
P= permitted by-right S = special use approval req'd PD = planned development approval req'd - = Not allowed |
|
|
|
|
|
|
(Omitted text is unaffected by this ordinance)
KK. Coke & Coal |
- |
- |
2 |
S 17-9-0117-B |
None Req'd |
Bulk Material |
|
|
SECTION 5. Section 17-6-0200 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-6-0200 POS, Parks and Open Space District.
(Omitted text is unaffected by this ordinance)
17-6-0203 Allowed Uses. Permanent uses and facilities are allowed in the POS district in accordance with the use table of this section.
(Omitted text is unaffected by this ordinance)
17-6-0203-E Use Table.
3
(Omitted text is unaffected by this ordinance)
USE GROUP
Use
Category
POS-1 Regional or Community Parks
Park/Open Space Facility Type
POS-2
Neighborhood, Mini- and Play-lot Parks
Specific Use
Type
P= permitted by-right
S = special use approval req'd
PD = planned development approval req'd
- = Not allowed
POS-3
Open
Space/
Natural
Areas
POS-4 Cemeteries
Additional Standards
(Omitted text is unaffected by this ordinance)
R. Coke & |
|
- |
1 |
1 |
5 17-9-0117-B |
Coal Bulk Material |
|
SECTION 6. Section 17-6-0400 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored as follows:
17-6-0400 PMD, Planned Manufacturing Districts.
(Omitted text is unaffected by this ordinance) 17-6-0403-F Use Table and Standards.
USE GROUP |
PMD (Planned Manufacturing District) |
Use Standard |
Use Category |
No . 1 |
No . 2 |
N o. 3 |
No .4 |
N 0. 5 |
N o. 6 |
No .7 |
N o. 8 |
N o. 9 |
N o. 1 0 |
No. 11 |
No 12 |
No 13 |
No 14 |
No 15 |
|
|
Specific Use Type |
A |
B |
A |
B |
|
A |
B |
|
|
A |
B |
|
|
|
A |
B |
|
|
|
|
|
P= permitted by-right S = special use approval req'd PD = planned development approval req'd |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4
- = Not allowed
(Omitted text is unaffected by this ordinance)
MM. Coke & |
- |
- |
_ |
|
|
- |
- |
|
|
- |
- |
- |
|
- |
- |
- |
- |
- |
- |
- |
§ 17-9- |
Coal Bulk |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0117-B |
Material |
|
SECTION 7. Section 17-9-0100 of the Chicago Zoning Ordinance is hereby amended by deleting the language stricken and inserting the language underscored, as follows:
17-9-0100 Use standards.
(Omitted text is unaffected by this ordinance)
17-9-0117 Waste-Related Uses, Recycling Facilities! and Mining/Excavation UsesA and Coke & Coal Bulk Material Uses.
17-9-0117-A Waste-Related Uses. Recycling Facilities, and Mining/ Excavation Uses. Buildings, storage areas, and work areas on the site of all waste-related uses, Class III, Class IVB, and Class V Recycling Facilities^ and mining/excavation uses must be located at least 150 feet from all R zoning district boundaries, provided that landfills, hazardous waste disposal/storage, and windrow composting facilities must be located at least 660 feet from R zoning district boundaries.
17-9-0117-B Coke & Coal Bulk Material Uses.
- Neither the storage, placement, retention, loading, unloading, stockpiling, or processing of coke & coal bulk material, nor the undertaking of any improvements or development associated therewith (collectively, "coke & coal bulk material uses"), shall be permitted in any zoning district, with the exception that this prohibition does not apply to any material used in manufacturing cement at any location for which a construction permit and New Source Review approval from the Illinois Environmental Protection Agency has been obtained prior to the effective date of this subsection 17-9-0117-B, which cement manufacturing may commence and continue as a non-conforming use.
- Notwithstanding subsection 17-9-0117-B(1), coke & coal bulk material uses that have been in continuous operation in accordance with lawfully established zoning reguirements for at least one year prior to the effective date of this subsection 17-9-0117-B shall be deemed nonconforming and may be continued. Suspension of any such operation before, on, or after the effective date of this subsection 17-9-0117-B in order to obtain any non-zoning governmental approvals (legislative, judicial, regulatory, or other) reguired to operate a coke & coal bulk material use shall not affect the operation's status as a continuous use. In the event of such a suspension, subsections 17-15-0304-A1 and 17-15-0304-A3 of this Zoning Ordinance shall not apply so long as the operator of the suspended coke & coal bulk material use is actively engaged in obtaining the aforesaid approvals.
- Notwithstanding subsection 17-15-0302-B of this Zoning Ordinance, no nonconforming use may be changed to. or substituted with, any coke & coal bulk material use.
5
- No expansion of any coke & coal bulk material use shall be permitted. For purposes of this subsection 17-9-0117-B(4). "expansion" means any extension or increase in the boundaries of the land upon which any existing coke & coal bulk material use is located, based on the lawful boundaries in existence as of the effective date of this subsection 17-9-0117-B.
- Owners and operators of coke & coal bulk material uses allowed under this subsection 17-9-0117-B shall report and certify, under penalty of perjury, the following data, expressed in both tons and cubic yards, in Quarterly reports submitted to the department of planning and development, pursuant to a form, format, and schedule set by that department:
- the total monthly amount of coke & coal received;
- the total monthly amount of coke & coal leaving the facility by truck, barge, boat, railcar, or other means of conveyance;
- the maximum daily amount of coke & coal present at the facility in each calendar month; and
- the monthly coke & coal throughput, i.e., the amount of coke & coal received at a facility in a given calendar month, plus the amount of coke & coal leaving the facility in that same month, divided by 2.
The owners and operators shall include in each Quarterly report the method used for determining the values of subsections 17-9-0117-B(5)(a), (b), and (c). and shall maintain for inspection all documents used in preparing the reports for a period of at least 3 years. Violators of this subsection 17-9-0117-B(5) shall be subject to a fine of not less than $1,000 nor more than $5,000. Each day that a violation continues shall constitute a separate and distinct offense-Utilizing this data, the commissioner of planning and development shall monitor whether imposing limitations on coke & coal throughput is necessary to abate any negative impact on the community resulting from the secondary effects of coke & coal bulk material uses, and shall, no later than 3 years following the effective date of this subsection, provide to the city council a report recommending what throughput limitations, if any, should be imposed.
- All coke & coal bulk material uses are subject to all applicable sections of the Municipal Code of Chicago, including, but not limited to, sections 11-4-760 and 11-4-770 of that Code, as amended; and to the Rules and Regulations for Control of Emissions from the Handling and Storage of Bulk Material Piles, as well as all other applicable rules and regulations promulgated under any applicable sections of the Municipal Code of Chicago (collectively, "bulk material regulations").
- Nothing in this subsection 17-9-0117-B shall preclude a finding by the City that coke & coal bulk material uses are also waste-related uses and thus subject to the regulations applicable to such uses as well.
- Nothing in this subsection 17-9-0117-B shall prohibit or impair the construction or installation of any improvements, nor the undertaking of any operations or maintenance that is required or provided for by the bulk material regulations, with the exception of compliance with subsection 17-9-0117-B(4), the prohibition on expansion of land boundaries.
- In the event of any conflict between this subsection 17-9-0117-B and any other provision of this Zoning Ordinance, the former shall govern.
6
I
(Omitted text is unaffected by this ordinance)
SECTION 8. Section 17-17-0100 of the Chicago Zoning Ordinance is hereby amended by inserting the language underscored, as follows:
17-17-0100 Use group and category descriptions.
(Omitted text is unaffected by this ordinance) 17-17-0105-G Coke & coal bulk material and related terms.
- Coke & coal bulk material. Any coke, coal, or combination thereof. Coke & coal bulk material does not include any coal material stored at a location in an amount equal to or less than 25 cubic yards at any one time.
- Coal. Any solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous. or lignite by ASTM Designation D388-77.
- Coke. Any solid carbonaceous material derived from the distillation of coal (including metallurgical coke) or from oil refinery coker units or other cracking processes (including petroleum coke).
- Coke & coal bulk material processing. Any chemical, industrial, commercial, or manufacturing operation, or activity, including, but not limited to, blending, mixing, crushing, and screening, breaking, wet or dry cleaning, thermal drying, or chemically treating, that causes, or has the potential to cause, the emission of airborne particles of coke or coal. Notwithstanding anything to the contrary in subsection 17-17-02127 of this Zoning Ordinance, for purposes of this definition, the term "processing" shall have the meaning described in this subsection 17-17-0105-G4.
(Omitted text is unaffected by this ordinance)
SECTION 9. The provisions of this ordinance are declared to be separate and severable. The invalidity of any provision of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.
SECTION 10. This ordinance shall take effect ten days following due passage and publication.
7