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Board affirms planning director: appeal by recycler to replace shear denied
Summary
The Board of Adjustment affirmed the planning director’s determination and denied an appeal by CCF/Dyersburg Recycling seeking to replace a shear; the board concluded the proposed replacement expanded the nonconforming industrial use rather than constituting a minor modernization.
The Board of Adjustment on Feb. 19 denied an appeal by CCF Recycling/Dyersburg Recycling USA seeking to replace an aging shear on a 12-acre industrial property, affirming the planning director's earlier determination that the proposed equipment would expand a nonconforming scrap operation and therefore requires a special permit.
Appellant counsel David Fox argued the replacement was an in-kind modernization protected by statute and case law protecting lawful nonconforming…
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