Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, July 29, 2015, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Consideration of minutes for the regular meeting on June 24, 2015 3. New Business Variance Request a. Application Z-15-051 by Albert T. Boyce, requesting a one (1) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum ten (10) foot side yard setback in the Single-Family Residential (RS-10) district, for the property located at 4842 Trevino Court. Variance and Special Use Permit Requests b. Application Z-15-052 by Randy Taylor for Goodwill Industries, making the following requests for property in the Highway Commercial (CH) district, located at 710 Memorial Boulevard:  A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; and  An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits receptacle length to 40 feet. c. Application Z-15-053 by Randy Taylor for Goodwill Industries, making the following requests for property in the Highway Commercial (CH) district, located at 1114 Mercury Boulevard:  A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district;   An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits receptacle length to 40 feet; and  A 175-foot Variance from Section 31(C)(6) of the Murfreesboro Zoning Ordinance, which requires that receptacles be located no closer than 300 feet to the nearest residentially-zoned property. d. Application Z-15-054 by Randy Taylor for Goodwill Industries, making the following requests for property in the Highway Commercial (CH) district, located at 1825 Old Fort Parkway:  A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; and  An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits receptacle length to 40 feet. Special Use Permit Request e. Application Z-15-055 by Clyde Rountree of Huddleston-Steele Engineering representing Charles Smotherman, requesting a Special Use Permit to allow a Day Care Center in the Residential Multi-Family (RM-16) district, for the property located at 3729 Manson Pike. 4. Staff Reports and Other Business 5. Adjourn  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 29, 2015 Application: Z-5-051 Location: 4842 Trevino Court Applicant: Albert Timothy Boyce Zoning: Single-Family Residential District, RS-10 Request: Vary the minimum required ten (10) foot side yard setback by one (1) foot The applicant seeks a one (1) foot variance from the minimum required ten (10) foot side yard setback for the property located at 4842 Trevino Court in section 2 of the Blackman Grove subdivision. The property is zoned RS-10. Per Chart 2 of the Murfreesboro Zoning Ordinance, minimum setbacks for the RS-10 zone are: front, 35 feet; rear, 25 feet; and side, 10 feet. A two (2) story house currently sits on the subject property. The house was built over the ten (10) foot side setback line on the south, encroaching by as much as one (1) foot on the southeastern side of the subject property. The applicant wishes to sell the house, but has been unable to do so due to the house being out of compliance with zoning standards. In the attached letter of application, the applicant attests that neither the practical difficulties standard nor the unusual characteristics standard affect the subject property. Staff notes that the subject property is located near the end of a cul-de-sac and includes a 25-foot drainage easement across the rear (east) side. These characteristics—along with the required minimum setbacks— limit the size and affect the layout of the property’s building envelope. With regard to the not self-created standard, the applicant indicates that the house had already been constructed at the time he purchased it; further, because the subject property was not surveyed at the time of purchase, the applicant was unaware of the setback encroachment until recently. If the Board approves the variance request, staff recommends the following condition: 1) The applicant shall submit a paper copy of the as-built survey and a paper copy of the variance approval letter to the Rutherford County Register of Deeds for recording. The applicant, Mr. Boyce, will be in attendance at the meeting to answer questions related to this request.  Minimum Lot Minimum Yard Land Use Requirements Requirements5, 17 Intensity Ratios CHART 2. Maximum Maximum Maximum Gross Lot 16 Area Width Front Side Rear Height Density2 Maximum Minimum Minimum Coverage DISTRICT AND USE (Sq. Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (D.U./Acre) F.A.R. L.S.R. O.S.R. (percent) RS-15 DISTRICT [12] 1. Dwellings and other uses permitted 15,000 75 40 12.5 30 35 2.9 none none none 25 RS-12 DISTRICT APPENDIX A - CHART 2 [12] 1. Dwellings and other uses permitted 12,000 70 35 10 25 35 3.63 none none none 25 RS-10 DISTRICT [12] 1. Dwellings and other uses permitted 10,000 65 35 10 25 35 4.4 none none none 25 RS-8 DISTRICT [12] 1. Dwellings and other uses permitted 8,000 55 30[1] 5[10] 20 35 5.4 none none none 30 RS-4 DISTRICT [12] [1] 1. Dwellings and other uses permitted 4,000 40 25 5 20 35 10.8 none none none 40 R-D DISTRICT 1. Single-family detached dwellings and [12] A-274 other uses permitted except 8,000 55 30[1] 5[10] 25 35 5.4 none none none 30 [12] [1] [10] 2. Two-family dwellings 8,000 55 30 5 25 35 10.9 none none none 30 [12] [7] MINIMUM LOT REQUIREMENTS, MINIMUM YARD REQUIREMENTS AND 3. Single-family with zero lot line7 4,000 27 30 10 25 35 10.9 0.3 0.48 0.7 none RM-12 DISTRICT 1. Single-family detached dwellings and [12] other uses permitted except 7,500 50 30[1] 5[10] 25 35 5.8 none none none 30 [12] 2. Two-family dwellings 7,500 50 30[1] 5[10] 25 35 11.6 none none none 30 MURFREESBORO CITY CODE [12] 3. Three-family dwellings 11,250 50 30[1] 5[10] 25 35 11.6 none none none 30 [12] 4. Four-family dwellings 15,000 50 30[1] 5[10] 25 35 11.6 none none none 30 5. Single-family with zero lot line 7 attached [12] [1] [7] or detached 3,750 18 30 10 25 35 11.6 none none none none [11] 6. Multiple-family dwellings FN[14] 50[12] 30[1] FN[3] 25 45 FN[14] none none none none LAND USE INTENSITY RATIOS. 4842 Trevino Court, view from street (Photo taken by Staff, 7/16/15) 4842 Trevino Court, view of southern property line (Photo taken by Staff, 7/16/15) 4842 Trevino Court, aerial photograph  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 29, 2015 Application: Z-15-052 Location: 710 Memorial Boulevard Applicant: Randy Taylor for Goodwill Industries Zoning: Highway Commercial District, CH Requests: 1) Grant a Special Use Permit to allow a temporary mobile recycling center; 2) Vary the forty (40) foot maximum receptacle length by eight (8) feet The applicant seeks both a Special Use Permit and a Variance from the Board. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Temporary Mobile Recycling Center as a use allowed in the CH zone by Special Use Permit. Section 31(A) of the Zoning Ordinance places a one-year limitation on the duration of Special Use Permits granted for this use. Section 31(C)(1) of the Zoning Ordinance limits the length of Temporary Mobile Recycling Center receptacles to 40 feet. The applicant wishes to continue using a trailer (48 feet in length) for the collection of clothes, furniture, and miscellaneous household items at the Memorial Village Shopping Center at 710 Memorial Boulevard. The applicant has obtained permission from shopping center management to continue operating the trailer. In the attached letter of application, the applicant indicates that the trailer at 710 Memorial Boulevard is visited by an average of 38 donors per day. With regard to the Special Use Permit, the applicant attests that—with the exception of receptacle length—the requirements listed in Section 9(C) and Section 31(C) of the Zoning Ordinance have been satisfied. Specifically, the attached letter of application indicates that the Temporary Mobile Recycling Center: is reasonably compatible with adjoining properties; has limited signage; is kept in a clean, safe, and sanitary condition; does not impair traffic flow; is located at least 300 feet from residential districts; has no processing equipment; and upholds minimum required setbacks. The Board has previously granted a Special Use Permit to this applicant for this use; the applicant’s current Special Use Permit expires on July 31, 2015. With regard to the Variance request, the applicant wishes to continue using a 48-foot trailer, which exceeds the 40-foot limitation by eight (8) feet. The letter of application indicates that adhering to the 40-foot trailer limitation when Goodwill Industries employs standard 48-foot trailers would create a hardship and practical difficulty for the applicant. The Board has previously granted a Variance to the applicant for a trailer 48 feet in length. The Special Use Permit and Variance require separate motions. If the Board approves the Special Use Permit, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement of the CH zone. 3) The Special Use Permit shall be valid from August 1, 2015, until July 31, 2016. The applicant, Mr. Taylor, will be in attendance at the meeting to answer questions related to this request.  3 USES PERMITTED ZONING DISTRICTS 2 2 2 2 2 2 2,14 2 2 2 2 RS 15 RS 12 RS 10 RS 8 RS 4 RD RM 12 RM 16 RM 22 RZ R MO OG R OG CL CF CH MU2 CBD HI LI CM-RS-8 CM-R CM CU P TRANSPORTATION AND PUBLIC UTILITIES Freight, Service Facility S X X Bus Terminal or Service Facility X X X Garbage or Refuse Collection Service X Refuse Processing, Treatment, and Storage S APPENDIX A - CHART 1 Gas, Electric, Water, Sewerage Production and/or Treatment Facility X S Landfill S Post Office or Postal Facility X X X X X X X Railroad Switching Yard, Terminal, Piggyback Yard X S Telephone Service Center X X X X X X Telephone Switching Center, Electric Transmission, Gas Piping, Water Pumping Station S S S S S S S S S S S S S X X X X X X X A-273 Taxicab Dispatch Station X X X Truck or Motor Freight Terminal, Service Facility X X X OTHER Advertising Sign X X X Automobile graveyard S 11 MURFREESBORO CITY CODE Home Occupations S S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 X X S11 S11 S11 Junkyard S Metal, Sand, Stone, Gravel, Clay, Mining, and other related processing S Recycling center S X X Self-Service Storage Facility S S S S X S Warehouse X X X Wholesale Establishments X X X X Temporary Mobile Recycling Center S S S S S X = Use permitted by right. S = Use requiring site plan review and approval subject to the issuance of a special use permit in accordance with the provisions of Sections 8 and 9 of this article.  MURFREESBORO CITY CODE SECTION 31. TEMPORARY MOBILE RECYCLING CENTERS. (A) Permitted use. Temporary mobile recycling centers are permitted in college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones for DSHULRGQRWWRH[FHHGLQJRQH\HDUDWDORFDWLRQDQGXSRQFRQGLWLRQVVSHFL¿HGE\WKH Board of Zoning Appeals. Nothing herein shall prevent the BZA from having authority to renew the approval for a temporary mobile recycling center at a location for additional periods not exceeding one year. (B) 'H¿QLWLRQV (1) Mobile recycling center. A receptacle, usually a trailer, for the collection of recyclable materials that is drawn by motor power and bears a valid state license. )RU SXUSRVHV RI WKLV GH¿QLWLRQ FROOHFWLRQ VKDOO PHDQ DFFXPXODWLQJ UHF\FODEOH materials. (2) Recyclable materials. Aluminum, steel, copper, plastic, glass, paper and/or other similar items which may be recycled for remanufacturing or reprocessing of similar materials. (C) Conditions to operation. Subject at all times to applicable state laws, a temporary mobile recycling center may be placed on a parcel zoned college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones after BZA approval subject to the following conditions: (1) no receptacle shall exceed forty feet in length; (2) the operation of the receptacle will be reasonably compatible with and not detrimental to the public welfare or injurious to the improvement and use of the adjoining property; (3) two signs per receptacle shall be permitted. The sign shall be mounted on the outside of the receptacle and state the name of the business, telephone number and hours of operation. The sign(s) shall be subject to Code §25¼-1 et seq.; (4) the site shall be kept in a clean, safe, and sanitary condition; (5) the receptacle shall be landscaped as required by the BZA and shall be located so DVQRWWRLPSDLUWUDI¿FÀRZ (6) no receptacle shall be located closer than three hundred feet from residentially zoned property; (7) the area shall be used exclusively for collection and shall not have any processing equipment on-site unless it is zoned industrial (I). The name, address and phone number of the responsible party shall be posted; and, (8) all applicable setback lines shall be honored. [Ord. No. 89-43 §1, 09-28-89; Ord. No. 92-10 §§5, 6, 01-30-92] ZONING A-239 May 14, 2015 Edition 710 Memorial Boulevard, view from northeast looking southwest (Photo taken by Staff, 7/17/15) 710 Memorial Boulevard, aerial showing trailer location  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 29, 2015 Application: Z-15-053 Location: 1114 Mercury Boulevard Applicant: Randy Taylor for Goodwill Industries Zoning: Highway Commercial District, CH Requests: 1) Grant a Special Use Permit to allow a temporary mobile recycling center; 2) Vary the forty (40) foot maximum receptacle length by eight (8) feet; 3) Vary the 300-foot minimum distance between receptacle and residentially- zoned property by 175 feet The applicant seeks a Special Use Permit and two Variances from the Board. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Temporary Mobile Recycling Center as a use allowed in the CH zone by Special Use Permit. Section 31(A) of the Zoning Ordinance places a one-year limitation on the duration of Special Use Permits granted for this use. Section 31(C)(1) of the Zoning Ordinance limits the length of Temporary Mobile Recycling Center receptacles to 40 feet. Section 31(C)(6) requires a minimum distance of 300 feet between a Temporary Mobile Recycling Center and any residentially-zoned property. The applicant wishes to continue using a trailer (48 feet in length) for the collection of clothes, furniture, and miscellaneous household items at the Mercury Plaza shopping center at 1114 Mercury Boulevard, approximately 125 feet from the nearest residentially-zoned property. The applicant has obtained permission from shopping center management to continue operating the trailer. In the attached letter of application, the applicant indicates that the trailer at 1114 Mercury Boulevard is visited by an average of 38 donors per day. With regard to the Special Use Permit, the applicant attests that—with the exception of receptacle length and distance to residential properties—the requirements listed in Section 9(C) and Section 31(C) of the Zoning Ordinance have been satisfied. Specifically, the attached letter of application indicates that the Temporary Mobile Recycling Center: is reasonably compatible with adjoining properties; has limited signage; is kept in a clean, safe, and sanitary condition; does not impair traffic flow; has no processing equipment; and upholds minimum required setbacks. The Board has previously granted a Special Use Permit to this applicant for this use; the applicant’s current Special Use Permit expires on July 31, 2015. With regard to the first Variance request, the applicant wishes to continue using a 48-foot trailer, which exceeds the 40-foot limitation by eight (8) feet. The letter of application indicates that adhering to the 40-foot trailer limitation when Goodwill Industries employs standard 48-foot trailers would create a hardship and practical difficulty for the applicant. The Board has previously granted a Variance to the applicant for a trailer 48 feet in length. With regard to the second Variance request, the applicant wishes to continue using a trailer that is situated 125 feet from the nearest residentially-zoned property. Section 31(C)(6) of the Zoning Ordinance requires a minimum separation of 300 feet between a Temporary Mobile Recycling Center and any residentially-zoned property. Thus, the applicant seeks a 175-foot variance from this requirement. The western side of Second Avenue is zoned RS-10 and is currently used for residential purposes. Staff is not aware of any complaints pertaining to the trailer from neighboring residents. The Board has previously granted a Variance to the applicant to allow a 125-foot separation between the trailer and the nearest residentially-zoned property. The Special Use Permit and Variances require separate motions. If the Board approves the Special Use Permit, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement of the CH zone. 3) The Special Use Permit shall be valid from August 1, 2015, until July 31, 2016. The applicant, Mr. Taylor, will be in attendance at the meeting to answer questions related to this request.  3 USES PERMITTED ZONING DISTRICTS 2 2 2 2 2 2 2,14 2 2 2 2 RS 15 RS 12 RS 10 RS 8 RS 4 RD RM 12 RM 16 RM 22 RZ R MO OG R OG CL CF CH MU2 CBD HI LI CM-RS-8 CM-R CM CU P TRANSPORTATION AND PUBLIC UTILITIES Freight, Service Facility S X X Bus Terminal or Service Facility X X X Garbage or Refuse Collection Service X Refuse Processing, Treatment, and Storage S APPENDIX A - CHART 1 Gas, Electric, Water, Sewerage Production and/or Treatment Facility X S Landfill S Post Office or Postal Facility X X X X X X X Railroad Switching Yard, Terminal, Piggyback Yard X S Telephone Service Center X X X X X X Telephone Switching Center, Electric Transmission, Gas Piping, Water Pumping Station S S S S S S S S S S S S S X X X X X X X A-273 Taxicab Dispatch Station X X X Truck or Motor Freight Terminal, Service Facility X X X OTHER Advertising Sign X X X Automobile graveyard S 11 MURFREESBORO CITY CODE Home Occupations S S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 X X S11 S11 S11 Junkyard S Metal, Sand, Stone, Gravel, Clay, Mining, and other related processing S Recycling center S X X Self-Service Storage Facility S S S S X S Warehouse X X X Wholesale Establishments X X X X Temporary Mobile Recycling Center S S S S S X = Use permitted by right. S = Use requiring site plan review and approval subject to the issuance of a special use permit in accordance with the provisions of Sections 8 and 9 of this article.  MURFREESBORO CITY CODE SECTION 31. TEMPORARY MOBILE RECYCLING CENTERS. (A) Permitted use. Temporary mobile recycling centers are permitted in college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones for DSHULRGQRWWRH[FHHGLQJRQH\HDUDWDORFDWLRQDQGXSRQFRQGLWLRQVVSHFL¿HGE\WKH Board of Zoning Appeals. Nothing herein shall prevent the BZA from having authority to renew the approval for a temporary mobile recycling center at a location for additional periods not exceeding one year. (B) 'H¿QLWLRQV (1) Mobile recycling center. A receptacle, usually a trailer, for the collection of recyclable materials that is drawn by motor power and bears a valid state license. )RU SXUSRVHV RI WKLV GH¿QLWLRQ FROOHFWLRQ VKDOO PHDQ DFFXPXODWLQJ UHF\FODEOH materials. (2) Recyclable materials. Aluminum, steel, copper, plastic, glass, paper and/or other similar items which may be recycled for remanufacturing or reprocessing of similar materials. (C) Conditions to operation. Subject at all times to applicable state laws, a temporary mobile recycling center may be placed on a parcel zoned college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones after BZA approval subject to the following conditions: (1) no receptacle shall exceed forty feet in length; (2) the operation of the receptacle will be reasonably compatible with and not detrimental to the public welfare or injurious to the improvement and use of the adjoining property; (3) two signs per receptacle shall be permitted. The sign shall be mounted on the outside of the receptacle and state the name of the business, telephone number and hours of operation. The sign(s) shall be subject to Code §25¼-1 et seq.; (4) the site shall be kept in a clean, safe, and sanitary condition; (5) the receptacle shall be landscaped as required by the BZA and shall be located so DVQRWWRLPSDLUWUDI¿FÀRZ (6) no receptacle shall be located closer than three hundred feet from residentially zoned property; (7) the area shall be used exclusively for collection and shall not have any processing equipment on-site unless it is zoned industrial (I). The name, address and phone number of the responsible party shall be posted; and, (8) all applicable setback lines shall be honored. [Ord. No. 89-43 §1, 09-28-89; Ord. No. 92-10 §§5, 6, 01-30-92] ZONING A-239 May 14, 2015 Edition 1114 Mercury Boulevard, view from west looking eastward (Photo taken by Staff, 7/17/15) 1114 Mercury Boulevard, aerial showing trailer location  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 29, 2015 Application: Z-15-054 Location: 1825 Old Fort Parkway Applicant: Randy Taylor for Goodwill Industries Zoning: Highway Commercial District, CH Requests: 1) Grant a Special Use Permit to allow a temporary mobile recycling center; 2) Vary the forty (40) foot maximum receptacle length by eight (8) feet The applicant seeks both a Special Use Permit and a Variance from the Board. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Temporary Mobile Recycling Center as a use allowed in the CH zone by Special Use Permit. Section 31(A) of the Zoning Ordinance places a one-year limitation on the duration of Special Use Permits granted for this use. Section 31(C)(1) of the Zoning Ordinance limits the length of Temporary Mobile Recycling Center receptacles to 40 feet. The applicant wishes to continue using a trailer (48 feet in length) for the collection of clothes, furniture, and miscellaneous household items at the Towne Center Shopping Center at 1825 Old Fort Parkway. The applicant has obtained permission from shopping center management to continue operating the trailer. In the attached letter of application, the applicant indicates that the trailer at 1825 Old Fort Parkway is visited by an average of 79 donors per day. With regard to the Special Use Permit, the applicant attests that—with the exception of receptacle length—the requirements listed in Section 9(C) and Section 31(C) of the Zoning Ordinance have been satisfied. Specifically, the attached letter of application indicates that the Temporary Mobile Recycling Center: is reasonably compatible with adjoining properties; has limited signage; is kept in a clean, safe, and sanitary condition; does not impair traffic flow; is located at least 300 feet from residential districts; has no processing equipment; and upholds minimum required setbacks. The Board has previously granted a Special Use Permit to this applicant for this use; the applicant’s current Special Use Permit expires on July 31, 2015. With regard to the Variance request, the applicant wishes to continue using a 48-foot trailer, which exceeds the 40-foot limitation by eight (8) feet. The letter of application indicates that adhering to the 40-foot trailer limitation when Goodwill Industries employs standard 48-foot trailers would create a hardship and practical difficulty for the applicant. The Board has previously granted a Variance to the applicant for a trailer 48 feet in length. The Special Use Permit and Variance require separate motions. If the Board approves the Special Use Permit, staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement of the CH zone. 3) The Special Use Permit shall be valid from August 1, 2015, until July 31, 2016. The applicant, Mr. Taylor, will be in attendance at the meeting to answer questions related to this request.  3 USES PERMITTED ZONING DISTRICTS 2 2 2 2 2 2 2,14 2 2 2 2 RS 15 RS 12 RS 10 RS 8 RS 4 RD RM 12 RM 16 RM 22 RZ R MO OG R OG CL CF CH MU2 CBD HI LI CM-RS-8 CM-R CM CU P TRANSPORTATION AND PUBLIC UTILITIES Freight, Service Facility S X X Bus Terminal or Service Facility X X X Garbage or Refuse Collection Service X Refuse Processing, Treatment, and Storage S APPENDIX A - CHART 1 Gas, Electric, Water, Sewerage Production and/or Treatment Facility X S Landfill S Post Office or Postal Facility X X X X X X X Railroad Switching Yard, Terminal, Piggyback Yard X S Telephone Service Center X X X X X X Telephone Switching Center, Electric Transmission, Gas Piping, Water Pumping Station S S S S S S S S S S S S S X X X X X X X A-273 Taxicab Dispatch Station X X X Truck or Motor Freight Terminal, Service Facility X X X OTHER Advertising Sign X X X Automobile graveyard S 11 MURFREESBORO CITY CODE Home Occupations S S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 S11 X X S11 S11 S11 Junkyard S Metal, Sand, Stone, Gravel, Clay, Mining, and other related processing S Recycling center S X X Self-Service Storage Facility S S S S X S Warehouse X X X Wholesale Establishments X X X X Temporary Mobile Recycling Center S S S S S X = Use permitted by right. S = Use requiring site plan review and approval subject to the issuance of a special use permit in accordance with the provisions of Sections 8 and 9 of this article.  MURFREESBORO CITY CODE SECTION 31. TEMPORARY MOBILE RECYCLING CENTERS. (A) Permitted use. Temporary mobile recycling centers are permitted in college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones for DSHULRGQRWWRH[FHHGLQJRQH\HDUDWDORFDWLRQDQGXSRQFRQGLWLRQVVSHFL¿HGE\WKH Board of Zoning Appeals. Nothing herein shall prevent the BZA from having authority to renew the approval for a temporary mobile recycling center at a location for additional periods not exceeding one year. (B) 'H¿QLWLRQV (1) Mobile recycling center. A receptacle, usually a trailer, for the collection of recyclable materials that is drawn by motor power and bears a valid state license. )RU SXUSRVHV RI WKLV GH¿QLWLRQ FROOHFWLRQ VKDOO PHDQ DFFXPXODWLQJ UHF\FODEOH materials. (2) Recyclable materials. Aluminum, steel, copper, plastic, glass, paper and/or other similar items which may be recycled for remanufacturing or reprocessing of similar materials. (C) Conditions to operation. Subject at all times to applicable state laws, a temporary mobile recycling center may be placed on a parcel zoned college-university (CU), commercial highway (CH), commercial fringe (CF), and industrial (I) zones after BZA approval subject to the following conditions: (1) no receptacle shall exceed forty feet in length; (2) the operation of the receptacle will be reasonably compatible with and not detrimental to the public welfare or injurious to the improvement and use of the adjoining property; (3) two signs per receptacle shall be permitted. The sign shall be mounted on the outside of the receptacle and state the name of the business, telephone number and hours of operation. The sign(s) shall be subject to Code §25¼-1 et seq.; (4) the site shall be kept in a clean, safe, and sanitary condition; (5) the receptacle shall be landscaped as required by the BZA and shall be located so DVQRWWRLPSDLUWUDI¿FÀRZ (6) no receptacle shall be located closer than three hundred feet from residentially zoned property; (7) the area shall be used exclusively for collection and shall not have any processing equipment on-site unless it is zoned industrial (I). The name, address and phone number of the responsible party shall be posted; and, (8) all applicable setback lines shall be honored. [Ord. No. 89-43 §1, 09-28-89; Ord. No. 92-10 §§5, 6, 01-30-92] ZONING A-239 May 14, 2015 Edition 1825 Old Fort Parkway, view from east looking westward (Photo taken by Staff, 7/16/15) 1825 Old Fort Parkway, aerial showing trailer location  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 29, 2015 Application: Z-15-055 Location: 3729 Manson Pike Applicant: Clyde Rountree, Huddleston-Steele Engineering (for Charles Smotherman) Zoning: Residential Multi-family District, RM-16 Local Commercial District, CL Request: Grant a Special Use Permit to allow a day care center The applicant seeks a Special Use Permit from the Board to allow a Day Care Center on the property located at and adjoining 3729 Manson Pike. As depicted in the map on page 1, a portion of the subject property lies within the CL district, while another portion lies within the RM-16 district. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Day Care Center as a use allowed by right in the CL district. However, a Day Care Center in the RM-16 district requires a Special Use Permit. The entire site lies within the Gateway Design Overlay (GDO). In the letter of application, the applicant indicates that the requirements listed in Section 9(C) and Section 9(D)(2)(bb) of the Zoning Ordinance have been satisfied. With regard to specific standards for Day Care Centers, the applicant attests that: a proper loading area is provided; vehicles will not back onto any street; a statement from the Tennessee Department of Human Services will be provided; the facility will be properly screened from neighboring residential properties; and off-street parking will be provided on-site. The applicant will be required to submit a site plan for Planning Commission review. If the Board approves the Special Use Permit, staff recommends the following condition: 1) The applicant shall provide a copy of the required statement from Tennessee Department of Human Services (DHS) to the City of Murfreesboro prior to the issuance of a Certificate of Occupancy. The DHS statement shall conform to the requirements listed in Section 9(D)(2)(bb)(3) of the Murfreesboro Zoning Ordinance. The applicant, Mr. Rountree, will be in attendance at the meeting to answer questions related to this request.  3 USES PERMITTED ZONING DISTRICTS 2 2 2 2 2 2 2,14 2 2 2 2 RS 15 RS 12 RS 10 RS 8 RS 4 RD RM 12 RM 16 RM 22 RZ R MO OG R OG CL CF CH MU2 CBD HI LI CM-RS-8 CM-R CM CU P Cemetery, Mausoleum S S S S S S S S S S S S S S S S Church13 S S S S S S X X X S S S X X X X X X X X S S X X College, University X X X X X Day-Care Center S S S S S S S X X X X X X X S S S Family Day-Care Home S S S S S S S S S S S S X X X X X X S S S X Group Day-Care Home S S S S S S S S S S S S X X X X X X S S S X Hospital X X X X X X X X 13 Lodge, Club, Country Club S S S S S S S S S S S S S S X X X X X X S S S Mental Health Facility X X X X X X X X X Morgue X X X X X Museum S S S S S S S X X X X X X S S S X S Nursing Home X X S S S X X X X X X Nursery School S S S S S S S S S S X S S S S S X Park X X X X X X X X X X X X X X X X X X X X X X X X X Philanthropic Institution S S S S X X X X X X X X X X X X X Pet Cemetery S S S S S S S 13 Public Building S S S S S S S S S S S S S X X X X X X X S S S X A-266 Recreation Field13 S S S S S S S S S S S S S X X X X X X S S S X X Senior Citizens Center S S S S S S X X X S X X X X X X X X S X X School, Public or Private, Grades K - 1213 S S S S S S S S S S S S S X X X X X X X S S S X Student Center S S S S S S S S X S S AGRICULTURAL USES 6 Customary General Farming X X6 X6 X6 X6 X6 X6 X6 X6 X6 X6 X6 X X X X X MURFREESBORO CITY CODE Crop, Soil Preparation Agricultural Services S S S S S S S S S S S X X X X X X Farm Labor and Management Services X X X X X X X X X Fish Hatcheries and Preserves X X X Grain, Fruit, Field Crop and Vegetable Cultivation and Storage X X X X X X X X X X X X X X Hunting, Trapping, and Game Propogation Livestock, Horse, Dairy, Poultry, and Egg Products S S S S S S S S S S X X X X = Use permitted by right. S = Use requiring site plan review and approval subject to the issuance of a special use permit in accordance with the provisions of Sections 8 and 9 of this article. APPENDIX A - CHART 1 ….. 3729 Manson Pike, view looking southward from Washington and Smith cemetery (Photo taken by Staff, 7/16/15) 3729 Manson Pike, view from east looking toward west (Photo taken by Staff, 7/16/15) 3729 Manson Pike, aerial photograph