SUBSTITUTE ORDINANCE NO. BL2014-772

An Ordinance amending Chapter 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations to modify the conditions pertaining to lot size, setbacks, street standard, landscaping, and hours of operation for construction/demolition landfills and recycling facilities (Proposal No. 2014Z-015TX-001).

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

Section 1. That Section 17.16.110 of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting the provisions of subsection A. in their 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 or a street designated on the major 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, 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 constructed in conformance with section 16.24.330 of the metropolitan code at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.
5. Recycling Facility. If located on the same lot as the construction/demolition landfill, a recycling 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.
a. All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

Section 2. That Section 17.16.210 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 five acres.
2. 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, and one thousand feet from the property line of any property zoned R, RS, RM, MHP, MUN, OR, ON, or SP (if the SP plan permits residential uses). Further, the facility shall not be located within two thousand feet of the property line of any school, religious institution or park.
3 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.
4. 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 street plan.
5. 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 and complies with the requirements provided in Section 17.16.110.D.
6. Hours of operation. No operations shall take place at the facility between the hours of 6:00 p.m. and 7:00 a.m. and between 6:00 p.m. and 9:00 a.m. on weekends.

Section 3. Be it further enacted that this Ordinance take effect immediately 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

LEGISLATIVE HISTORY
Introduced:	May 6, 2014
Passed First Reading:	May 6, 2014
Referred to:	Planning Commission Planning & Zoning Committee
Deferred to July 1, 2014 (Public Hearing):	June 3, 2014
Passed Second Reading:	July 1, 2014
Substitute Introduced:	July 15, 2014
Passed Third Reading:	July 15, 2014
Approved:	July 17, 2014
By:
Effective:	July 25, 2014