ORDINANCE NO. BL2017-799

An ordinance amending Title 17 of the Metropolitan Code of Laws, Zoning Code, pertaining to construction/demolition landfills and sanitary landfills (Proposal No. 2017Z-017TX-001).

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

Section 1. Section 17.08.030 (District land use tables) of the Metropolitan Code of Laws is hereby amended by deleting under Waste Management Uses, “Construction/demolition landfill” as a use permitted with a Special Exception (SE) in the AG, AR2a, MUI and MUI-A districts and replacing it as a use Permitted with Conditions (PC) in the AG, AR2a, MUI and MUI-A districts.

Section 2. That section 17.08.030 (District land use tables) of the Metropolitan Code of Laws is hereby further amended by deleting under Waste Management Uses, “Sanitary Landfill” as a use permitted with a Special Exception (SE) in the AG, AR2a, IWD, IR and IG districts and replacing it as a use Permitted with Conditions (PC) in the AG, AR2a, IWD, IR and IG districts.

Section 3. Section 17.16.110.A (Construction/Demolition Landfill) is hereby amended by adding the following as subsection A.6:

A. Construction/Demolition Landfill.
6. Approval of the Metropolitan Council. Approval by the Metropolitan Council in accordance with Tennessee Code Annotated § 68-211-701, et seq. shall be required.

Section 4. Section 17.16.110 is hereby amended by adding the following section E:

E. Sanitary Landfill
1. Lot Size. The minimum lot area shall be one hundred 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, 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.
3. Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.
4. Street Standard. At a minimum, driveway access shall be from a collector street. The collector street shall not be bounded by any residential zoning district from the driveway access point to the street's intersection with an arterial. 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 landfill traffic.
5. Approval of the Metropolitan Council. Approval by the Metropolitan Council in accordance with Tennessee Code Annotated § 68-211-701, et seq. shall be required.

Section 5. Section 17.16.210.A (Construction/Demolition Landfill) and 17.16.210.B are hereby amended by deleting the sections in their entirety and renumbering subsequent sections as necessary.

Section 6. Section 17.40.280 (Authority Special Exception Uses) is hereby amended by deleting the section in its entirety and replacing with the following:

17.40.280 - Authority

The metropolitan board of zoning appeals shall hear and decide requests for special exceptions in accordance with the provisions of this Zoning Code. Special exceptions shall be regulated in a manner consistent with Section 13-7-206, Tennessee Code Annotated. The specific location of an asphalt plant, airport runway, hazardous operation and wastewater treatment facility shall first be approved by a resolution adopted by the metropolitan council prior to the public hearing by the board of zoning appeals. If the metropolitan council does not approve or disapprove the specific location, upon finding that the proposed use is consistent or not consistent with the conditions specified in Chapter 17.16, Article III, within sixty days of the date of notification by the zoning administrator to the council and the district councilmember that such an application has been filed, council approval shall be waived and the board of zoning appeals may proceed to consider the application.

Section 7. 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: Nick Leonardo

LEGISLATIVE HISTORY
Introduced:	June 20, 2017
Passed First Reading:	June 20, 2017
Referred to:	Planning Commission - Approved (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 1, 2017
Passed Second Reading:	August 1, 2017
Passed Third Reading:	August 15, 2017
Approved:	August 16, 2017
By:
Effective:	August 18, 2017