§ 17.16.110. Waste management uses.

(Refer to zoning district land use table)

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.

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.

B.

Medical Waste.

1.

Lot Size. The minimum site area shall be five acres.

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 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 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.

All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

C.

Construction/Demolition Waste Processing (Project-Specific).

1.

Applicability. The provisions of this section shall apply to any land use within Davidson County. No construction/demolition waste processing activity shall take place on any site that fails to comply with the provisions of this subsection.

2.

Waste Reduction and Recycling Plan: The applicant shall submit a plan to the director of public works and the director of codes administration for their joint review and approval describing and detailing how the project site and its construction and demolition waste will be gathered, separated, processed, and transported, including items a. through p. below. Additional information may be required by the reviewing agencies to ensure the property can safely and suitably handle the project's construction and demolition waste.

a.

Waste Manager. The plan shall designate and identify a person who will be responsible for all construction demolition waste management, including their name, title, mailing address, e-mail address, fax number, and 24/7 phone number to respond and handle all concerns involving the site's recycling methods, processes, materials, and flow of debris on and off-site;

b.

Waste Processing Location. The location where the project contractor shall divert construction and demolition debris for purposes of recycling, salvaging, and disposing of materials recovered from demolition of existing, or construction of new, buildings and structures on the project site.

c.

Lot Size. There is no minimum lot size for properties with a nonresidential base zoning district. For those properties with an agricultural or residential base zoning district, the waste processing location shall be at least ten times the base zoning district, or a minimum of one acre, whichever is less.

d.

Operation Timeline. The operating timeline for waste processing on the property from the initial start-up date to completion date, including any relevant milestone dates. A property shall have all waste processing equipment, materials, and ancillary items removed from it within ninety days of project completion, as defined in this title.

e.

Hours of Operation. The hours of operation for all activities to occur on the property, including a statement of compliance with Chapter 16.44 (Noise Control) of the Metropolitan Code of Laws;

f.

Materials and Storage. A completed waste reduction and recycling schedule in a form and content established by the director of public works, but at a minimum, it shall provide the following information for both the project-specific site and any off-site location:

i.

The type and estimated quantity of materials, including putrescible waste, to be generated, recovered, reused, salvaged, separated and processed on-site as well as off-site, including those materials that will be sold on the premises or off-site;

ii.

The on-site separation and storage method(s) to ensure salvaged materials are not contaminated before being reused on-site, transferred to an off-site location for further salvage or storage, or sold or given away to other entities;

iii.

The method and frequency of collection for the materials noted above;

iv.

The number of cubic yards to be stored on-site at any one time of processed and unprocessed materials;

v.

The on-site storage method for each of the materials noted above;

vi.

The on-site storage location for each of the materials noted above;

vii.

The recycling facilities and landfills that will receive materials noted above;

viii.

The hauling companies that will transport the materials noted above.

g.

Sale of Materials. Materials from the site that have been recycled, salvaged, recovered, or excavated may be given away, sold on the premises, or removed for reuse.

h.

Trash Dumpsters. The location of all trash dumpsters on the property for waste not to be recovered and/or generated.

i.

Public Health and Environment. A description of the on-site storage method and off-site transport methods that will be used to prevent dirt and materials from creating drift or becoming airborne, producing odors, leaking, littering, or generating run-off due to wet conditions due to weather or man-made activities so as not to create a health hazard, public nuisance, or fire hazard. All activities shall comply with all rules and regulations of the Tennessee Department of Conservation and Environment, Metropolitan Government Stormwater Regulations, and all other applicable local, state and federal laws and regulations.

j.

Security. A description of how the property will be secured to prevent illegal theft of materials and dumping, including lighting.

k.

Signage. A large and prominent sign measuring at least thirty-two square feet in size shall be installed on the project site's primary street frontage. At a minimum, the sign shall identify the project name, contact name, 24/7 contact phone number, project completion date, quantity and type of materials to be recycled and salvaged. If an off-site recycling location shall be used, the same sign shall be installed at that location too. Sign(s) shall be approved by the Metro Planning Department, prior to the issuance of any grading or demolition permits.

l.

Inactivity. A property shall be deemed inactive by the director of codes administration, if no activity has occurred on the property during any six consecutive months, regardless of the calendar year in which such inactivity occurred. Once deemed inactive, all waste processing activities shall cease until a new application for the project specific waste processing has been submitted, reviewed, and approved by the reviewing agencies.

m.

Waste Management Summary Report. Six months after the initial approval of the waste reduction and recycling plan, and every six months thereafter, the applicant shall submit to the directors of public works and codes administration a waste management summary report in a form and content established by the director of public works. At a minimum, the report shall provide the following information and documentation verifying the type and actual tonnage of materials generated, recovered, reused, salvaged, separated, discarded, and processed on-site as well as off-site.

n.

Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new or relocated construction/demolition waste processing (project-specific) use, the zoning administrator, shall notify the district councilmember that an application for such use has been submitted. Such notification shall only be required when the use is proposed within an agricultural or residential zoning district, or within one thousand feet of an agricultural or residential zoning district boundary line.

o.

Noncompliance. The directors of public works and codes administration shall determine if the applicant has complied with the approved waste reduction and recycling plan. If it is determined that the applicant has failed to comply with the applicant's waste reduction and recycling plan, the performance security shall be forfeited.

p.

Performance Security. The submittal of a letter of credit or cashier's check as performance security to the director of public works in an amount specified by the director for the removal of waste processing equipment, materials, and ancillary items. All forfeited performance securities shall be used for the purposes of making the property safe for public health and well-being and to promote recycling within Davidson County.

D.

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.

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 street. 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.

(Ord. BL2017-799 §§ 3, 4, 2017; Ord. Bl2014-772 § 1, 2014; Ord. BL2010-635 § 3, 2010; Amdt. 1 to BL2010-634; Ord. BL2010-634 § 1, 2010; Ord. BL2004-156 § 1 (part), 2004; Amdt. 1 with Ord. BL2002-1273 §§ 1, 2, 2003; Amdt. 1, 2 with Ord. BL2002-1173 §§ 1, 2, 2002; Amdt. 1 (part) with Ord. BL99-86 § 1, 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(I), 1997)