Board affirms planning director: appeal by recycler to replace shear denied

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 uses. "We are simply trying to play it replace this piece of equipment in kind with a machine that is electric, far more efficient, and much quieter than the current shear," Fox said, citing an Oklahoma Supreme Court precedent.

Cooper Hahn, who prepared site material, described the property as a 12-acre I-3 zoned site with extensive outdoor scrap storage and argued the shear is one component of an overall scrap operation. City Planning Director Jeff Butler and municipal counsel Matt Collins told the board the proposed replacement is larger, increases processing capacity and footprint, and therefore constitutes an expansion of a nonconforming use under local code. Butler pointed to manufacturer literature describing productivity gains and to site plan exhibits showing added shipping containers and a larger footprint.

Hundreds of nearby residents and neighborhood groups testified about ongoing explosions, noise, and community impacts from the site's operations; speakers urged the board to affirm staff and deny the appeal. The board discussed statutory language and the burden of proof on the appellant; after deliberation a motion to deny the appeal and affirm the city's decision prevailed.

The board's ruling leaves the planning director's determination in place; the appellant was informed of appeal rights to district court and of the option to pursue a special permit application with conditions the city could use to limit operations.