ORDINANCE NO. _____, SERIES 2016
TITLE
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ISSUANCE OF PERMITS FOR ANAEROBIC DIGESTION FACILITIES FOR BIODEGRADABLE MATERIALS, ALSO KNOWN AS BIODIGESTERS, THROUGHOUT METRO LOUISVILLE PENDING THE STUDY, REVIEW AND RECOMMENDATION BY THE PLANNING COMMISSION OF LAND USE REGULATIONS TO ADDRESS SUCH FACILITIES (AMENDED BY SUBSTITUTION)(AS AMENDED).
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SPONSORED BY: COUNCIL MEMBERS JAMES, SHANKLIN, WOOLRIDGE, WELCH AND JOHNSON
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government ("Council") hereby acknowledges that facilities utilizing the anaerobic digestion of wastes in order to generate biogas, also known as biodigesters (hereinafter "anaerobic digestion facilities"), can be of benefit in diverting wastes from land disposal and generating natural gas or electricity through conversion of waste materials; and
WHEREAS, the Council finds that anaerobic digestion facilities, if not properly sited and buffered, have the potential to significantly and negatively affect nearby properties in terms of visual, odor, noise, traffic, environmental, and other impacts;
WHEREAS, the Council finds that the process of bio-digestion may produce not only biogas, but also may produce digestate and wastewater which may have an impact upon the environment if not appropriately handled or processed;
WHEREAS, Louisville Metro Planning & Design has heretofore classified anaerobic digestion facilities as a Non-Accessory Alternative Energy System, which are allowed as a conditional use in a number of zoning districts; however, there are no regulations in the Land Development Code pertaining specifically to the appropriateness of such facilities near residential property; and
WHEREAS, the Council finds that a comprehensive study of the zoning regulations is necessary to clearly define anaerobic digestion facilities and specifically address the unique characteristics of such ...
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