SUBSTITUTE ORDINANCE NO. BL2004-156

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.04.060 Definitions by adding a definition for Recycling Facility, by amending Section 17.08.030 and Section 17.16.110 by designating zone districts where a Recycling Facility shall be permitted and establishing conditions for such a facility when permitted by conditions, all of which is more particularly described herein (Proposal No. 2004Z-001T).

WHEREAS, in order to more adequately provide for recycling facilities where such facilities are not waste transfer facilities in the broadest sense, and to provide adequate safeguards in locating such recycling facilities.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended as follows:

A. By amending Section 17.04.060 B. Definitions of general terms by adding the following new definition:
B.
"" Recycling facility" means a facility, other than a facility open to the public to receive household waste and recyclable material, where any method, technique, or process is utilized to separate, process, modify, convert, treat or otherwise prepare non-putrescible waste so that component materials or substances may be used or reused or sold to third parties for such purposes. The use or reuse or a solid waste may not be used in a manner that would constitute solid waste disposal.”

“Putrescible waste” means material which is capable of undergoing the process of decomposition resulting in the formation of malodorous byproducts.”

C. By amending Section 17.08.030 District Land Use Tables. by amending the Zoning District Land Use Table by adding under Waste Management Uses the use Recycling facility in the IWD District as "PC", in the IR District as "PC", and in the IG District as "PC".
D.
C. By amending Section 17.16.110 Waste management uses by adding the following new subsection:

"C. Recycling Facility.

1. Lot Size. The minimum lot area shall be one acre.

2. Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred fifty feet from any zoning district boundary that permits residential uses or a legally occupied residential structure.

3. Landscape buffer yard.
a. Along all residential zoning districts permitting residential use, opaque fencing at least eight feet in height shall be constructed in compliance with the terms of Section 17.24.210.G. of the Landscape Buffer Yard Requirements. The fencing requirements set forth herein shall supercede the setback requirements for screening walls and fencing contained in Section 17.12.040. Screening in the form of landscape buffer yard Standard D shall be applied outside any required opaque fencing.
b. For facilities not adjacent to a zoning district that permits residential uses, the entire facility shall be enclosed by a chain-link type fence at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

4. Street Standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street’s intersection with a collector street or a street designated on the major street plan. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D," and it is forecasted to remain at a LOS D or better with the proposed recycling facility traffic.

5. All compacting, sorting, processing or storage shall take place within a completely enclosed building. The term “completely enclosed building” means a structure with at least four walls and is totally enclosed when all doors are closed. The enclosed area(s) of a recycling facility shall have concrete floors or floors made of some other hard material that is easily cleanable. All loading and unloading shall take place:
a. on a partially enclosed loading dock when the loading dock connects directly to the completely enclosed building in which compacting, sorting, processing or storage takes place; or
b. within a completely enclosed building.
If a recycling facility utilizes a loading dock for loading and unloading, the loading dock shall not be used for storage and shall be cleaned of all materials at the close of each business day. The areas around loading docks and other high-traffic areas shall be paved.

6. Hours of Operation. The hours of operation for any recycling facility located adjacent to a zoning district that permits residential uses shall be limited to 7:00 a.m. to 6:00 p.m.

7. Lighting. For any recycling facility located adjacent to a zoning district that permits residential uses, all light and glare shall be directed on-site to ensure that surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

Section 2. That this Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley