Sec. 10-119. - Adoption of maps.
(a) Council may, by ordinance referring to maps filed in the office of the clerk, designate special construction zones.
(b) Each map adopted pursuant to this article shall have endorsed upon it that it is a special construction zone and the reason for such designation.
(c) The manager of the department of transportation and infrastructure (the "manager"), with the assistance of the department of public health and environment, the fire department and other agencies, shall propose for designation by ordinance specific areas as special construction zones if the manager finds that potential hazards in the area make it necessary to require special regulation of the use, occupancy and/or construction within the area. Special construction zones may include landfills, dumps, tailings, disposal sites, and any other specific area found by the manager to be potentially hazardous to health, safety and welfare. Each proposal for an ordinance shall be made to council by the manager in a report which shall contain:
(1) The manager's finding that such ordinance is necessary for the protection of the public health, safety and welfare;
(2) A description of the potential hazard;
(3) A statement of the facts and criteria relied upon to make such finding; and
(4) The seal and signature of an engineer registered in the state.
(d) Notice of the preparation of such report and the manager's proposal that the area described therein be designated as a special construction zone shall be published at least once in the official newspaper not less than thirty (30) days prior to submission of such report and proposal to council. Such notice shall additionally advise all parties in interest that they may submit written comments on the report and the proposal to the manager not less than five (5) days prior to submission to council. All such written comments shall accompany the report when it is submitted to council. Such comments and the reports shall be available for public inspection at all times.
(e) No ordinance shall be enacted designating a special construction zone until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time, place and purpose of such hearing shall be published at least once in the official newspaper at least fifteen (15) days prior to the hearing.
(f) Additionally, any area proposed to be designated as a special construction zone shall be posted with signs around its perimeter for fifteen (15) days prior to the public hearing, stating the manager has proposed that it be designated as a special construction zone, summarizing the manager's reasons for such proposal, containing a map of the proposed special construction zone, and stating the time, place and purpose of the public hearing.
(Ord. No. 114-80, § 1(647.2), 3-10-80; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 427-18, § 6, 6-11-18; Ord. No. 39-20, § 15, 2-3-20)
