ORDINANCE NO. BL2013-402

An ordinance amending Title 10 and Title 17 of the Metropolitan Code to rename various waste management land uses; to modify the zoning districts within which construction/demolition landfills are permitted; to modify the street standard, setback, landscape buffer yard, and operating hour restrictions applicable to construction/demolition landfills; and to allow convenience centers as an accessory use on construction/demolition landfill property, all of which is more particularly described herein (Proposal No. 2013Z-002TX-002).

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

Section 1. Title 10 of the Metropolitan Code is hereby amended by deleting the term “recycling facility”, wherein it appears in Section 10.20.500, and substituting with the term “recycling processing facility”.

Section 2. Title 17 of the Metropolitan Code, Zoning Regulations, is hereby amended by amending Section 17.04.060 (definitions of general terms) and Section 17.08.030 (district land use tables) as follows:

I. By deleting the term “collection center” and substituting with the term “convenience center”.

II. By deleting the term “recycling collection center” and substituting with the term “recycling drop-off”.

III. By deleting the term “recycling facility” and substituting with the term “recycling processing facility”.

Section 3. Title 17 of the Metropolitan Code, Zoning Regulations, is hereby amended by amending Table 17.20.030 (parking requirements) as follows:

I. By deleting the term “collection center” and substituting with the term “convenience center”.

II. By deleting the term “recycling collection center” and substituting with the term “recycling drop-off”.

Section 4. Title 17 of the Metropolitan Code, Zoning Regulations, is hereby amended by amending Section 17.16.310 by deleting the term “recycling collection center” and substituting with the term “recycling drop-off”.

Section 5. Title 17 of the Metropolitan Code, Zoning Regulations, is hereby amended by deleting the term “recycling facility”, wherein it appears in Sections 17.16.110 and 17.16.210, and substituting with the term “recycling drop-off”.

Section 6. Section 17.08.030 of the Metropolitan Code is hereby amended by deleting “construction/demolition landfill” as a use permitted with conditions (PC) in the CL and CS zoning districts, and as a use permitted by special exception (SE) in the MUI and MUI-A zoning districts.

Section 7. Section 17.16.110 of the Metropolitan Code is hereby amended by deleting subsection A. in its entirety, and substituting with the following new subsection A:

A. Construction/Demolition Landfill.
1. Lot Size. The minimum lot area shall be one acre.
2. 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 or arterial street designated on the major and collector street plan.
3. Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred feet from any property line, two hundred fifty feet from any residential zoning district boundary, five hundred feet from a property line of any platted subdivision containing at least twenty-five single or two family dwellings for which occupancy permits have been issued by the department of codes administration, and five hundred feet from any residential structure, and further, the facility shall not be located less than two thousand feet from the property line of any school or park.
4. Landscape Buffer Yard. Along all adjacent residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied. In addition, 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.
5. Hours of operation. No operations shall take place at the facility between the hours of 6:00 p.m. and 7:00 a.m.
6. All loading, compacting, sorting, or processing of debris shall take place within a completely enclosed building.
7. Recycling Processing Facility. If located on the same lot as the construction/demolition landfill, a recycling processing facility shall be permitted as an accessory use provided it accepts construction/demolition waste only. The provisions of Section 17.16.110.D. shall not apply to an accessory use.
8. Convenience Center. If located on the same lot as the construction/demolition landfill, a convenience center shall be permitted as an accessory use.

Section 8. Section 17.16.210 of the Metropolitan Code is hereby amended by deleting subsection A. in its entirety, and substituting with the following new subsection A:

A. Construction/Demolition Landfill.
1. Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall not be located within one hundred feet of any residential zone district and five hundred feet from a property line of any platted subdivision containing at least twenty-five single or two family dwellings for which occupancy permits have been issued by the department of codes administration, and further the facility shall not be located within two thousand feet of the property line of any school or park.
2. Landscape Buffer Yard. Along all adjacent residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D-1 shall be applied along common property lines.
3. Street Standard. At a minimum, the construction/demolition landfill uses shall have driveway access on nonresidential collector or arterial streets as designated on the major and collector street plan.
9. Hours of operation. No operations shall take place at the facility between the hours of 6:00 p.m. and 7:00 a.m.
4. Recycling Facility. If located on the same lot as the construction/demolition landfill, a recycling facility may be permitted as an accessory use provided it accepts construction/demolition waste only.
5. Convenience Center. If located on the same lot as the construction/demolition landfill, a convenience center may be permitted as an accessory use.

Section 9. That this Ordinance shall take 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: Sheri Weiner, Lonnell Matthews, Phil Claiborne, Tony Tenpenny, Davette Blalock, Duane Dominy, Burkley Allen