ORDINANCE NO. BL2015-13

An Ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, designating “mineral extraction” as a use permitted with conditions in the IG zoning district and adding conditions applicable to this use, all of which is more particularly described herein (Proposal No. 2015Z-016TX-001).

WHEREAS, mineral extraction can pose environmental and health concerns to the community, including the release of particulate matter into the air, removal of vegetation, physical disturbances to the landscape that can contribute to the decline of wildlife and plant species in an area, and water pollution; and

WHEREAS, the Metropolitan Council deems it necessary for the protection of the public health, safety, and welfare that there be certain restrictions on the location and operation of mineral extraction sites in the IG zoning district, especially near residences, parks, schools, and recreation areas.

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

Section 1. That Section 17.08.030, District Land Use Tables, is hereby amended by designating “mineral extraction” as a use permitted with conditions (PC) in the IG zoning district.

Section 2. That Section 17.16.130, Other Uses, is hereby amended by adding the following new subsection C.:

C. Mineral Extraction.
1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street.
2. Setback. No mineral extraction activity, including the transport of material extracted, shall occur within 500 feet of any property line, within 1,250 feet of a residential structure, or within 2,000 feet of the property line of a park or community education facility.
3. Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment and quarry pits shall be completely enclosed by fencing.
4. Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.”

Section 3. Be it further enacted that this Ordinance shall 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: Larry Hagar, DeCosta Hastings, Karen Johnson, Kevin Rhoten, Jeff Syracuse

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2015-13

Mr. President:
I move to amend Ordinance No. BL2015-13 by amending Section 2 by deleting subsections C.1 and C.2 and replacing with the following subsections C.1 and C.2:

1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.
2. Setback. No mineral extraction activity, including the transport of material extracted, shall occur within 500 feet of any property line, within 1,250 feet of a residential structure, or within 2,000 feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

Sponsored by: Larry Hagar

LEGISLATIVE HISTORY
Introduced:	October 6, 2015
Passed First Reading:	October 6, 2015
Referred to:	Planning Commission - Approved with Amendments (6-0) Planning & Zoning Committee
Amended:	November 3, 2015
Passed Second Reading:	November 3, 2015
Passed Third Reading:	November 17, 2015
Approved:	November 18, 2015
By:
Effective:	November 20, 2015