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Zoning Article XII
ARTICLE XII
Performance Standards
Section 12.01 Purpose, Intent and General Standards
Section 12.02 Smoke
Section 12.03 Dust and Particulate Matter
Section 12.04 Noise
Section 12.05 Light
Section 12.06 Glare and Heat
Section 12.07 Odor
Section 12.08 Gases
Section 12.09 Electromagnetic Radiation
Section 12.10 Vibration
Section 12.11 Toxic Matter
Section 12.12 Fire and Explosive Material
Section 12.13 Radioactive Materials
Section 12.14 Uses Required to Submit a Risk Management Plan Under the U.S. Clean Air Act Section 112(r)
Section 12.01 Purpose, Intent, and General Standards
(a) Purpose. The primary purpose of this Article is to ensure that industrial, research and other business activities are good neighbors to adjoining properties by controlling the emission of noise, odors, glare, vibration, smoke, dust, liquid wastes, radiation, and similar pollutants and that they are maintained with proper appearance from streets and adjoining properties. Accordingly, this Article states the performance standards and conditions with which the City expects the construction and operation of industrial, research, and other business activities to comply. In many cases, the relation of a prospective use to all these standards cannot be judged properly at the time a building permit is issued or some of type of approval for development is granted. In such cases, the recipient of the permit or approval should note that these performance standards, like all other provisions of this Ordinance, are continuing obligations, and that all industrial, research, and other business uses will be expected to operate in compliance with these standards. When any use or building or other structure is extended, enlarged, or reconstructed, the applicable performance standards shall apply to such extended, enlarged, reconstructed portions of such use of building or other structure. Any land use that fails to comply with these standards will be in violation of this Ordinance.
(b) Intent. Federal and State environmental regulations may also apply to one or more of the features governed by the standards in this Article. It is not the intent of this Article to supersede or replace those Federal or State regulations. Rather, the intent is for the standards of this Article to supplement and complement any applicable Federal and State regulations. If any standard herein conflicts with an applicable Federal or State standard, then the Federal or State Standard shall control.
(c) General standards and measures for compliance.
All uses shall be conducted so as to preclude any nuisance, hazard, or commonly-recognized offensive condition or characteristics of the use, including the creation or emission on other properties of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, toxic matter, fire, explosions, electrical disturbance, heat, glare, or excessive night illumination. At any time before or after a building is used or occupied, the City Manager or the City Manager’s authorized representative may require that adequate control measures be provided in accordance with the requirements or standards of the appropriate local, state or federal government agency responsible for regulating that condition or pollutant, in order to protect the public health, safety, comfort, convenience, and general welfare from any such nuisance, hazard, condition, or pollutant.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.02 Smoke
Smoke emissions shall not exceed the maximum limits established by the State of Tennessee.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.03 Dust and Particulate Matter
The quantity of airborne dust and particulate matter shall not exceed maximum limits established by the State of Tennessee.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.04 Noise
Intensity. The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses: (For the purposes of this Section, uses separated by a railroad will be considered adjacent.)
(Ord. No. 18-99 Revised Effective 8/26/99)
(a) Adjacent Uses
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Decibel Level
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7a.m. – 10p.m.
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10p.m.-7a.m.
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L50
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L10
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Maximum Limit
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L50
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L10
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Maximum Limit
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Residential
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65dBA
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70dBA
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80dBA
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55dBA
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60dBA
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75dBA
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7a.m. – 12 midnight
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12 midnight – 7a.m.
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L50
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L10
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Maximum Limit
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L50
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L10
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Maximum Limit
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Business
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70dBA
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75dBA
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80dBA
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70dBA
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75dBA
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80dBA
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Industrial
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75dBA
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NA
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80dBA
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75dBA
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NA
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80dBA
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(b) Definitions
1. “L10” means the sound level, expressed in dBA, which is exceeded ten percent (10%) of the time for a one-hour survey.
2. “L50” means the sound level, expressed in dBA, which is exceeded fifty percent (50%) of the time for a one-hour survey.
3. Sound pressure level, in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure.
4. The reference pressure shall be 20 micronewtons per square meter.
(c) Measurement procedures
1. All measurements shall be made from the lot boundary.
2. All measurements shall be made outdoors.
3. Measurements shall be made at least three (3) feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement.
4. Measurements shall be made using the A-weighting and fast response characteristics of the sound measuring device as approved by the American National Standards Institute.
5. Measurements shall be made using a microphone, which is protected from ambient conditions, which would prevent an accurate measurement.
6. A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements.
(Ord. No. 18-99 Revised Effective 8/26/99)
7. All sound level measuring devices must meet Type 0, I, II, or S specifications approved by the American National Standards Institute.
(d) Noises due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.05 Light
Exterior lighting, except for overhead street lighting and warning, emergency, or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways, or on the surrounding area. The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals, shall be unlawful. It shall also be unlawful to produce by any means a reflection of any light, either natural or man-made in such a manner as to create any light, brightness or glare which may be hazardous or confused with warning signals, emergency signals or traffic signals.
(Ord. No. 7-84 Revised Effective 4/5/84)
Section 12.06 Glare and Heat
Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except in IND-3, Industrial districts where flare stacks or other devices, representing the minimum practicable sources of hear and/or glare, are a safe and essential aspect of an industrial process or operation.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.07 Odor
The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard to persons of ordinary sensibilities beyond lot lines is prohibited.
Section 12.08 Gases
Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, corrosive, or in excess of any applicable maximum limits established by State or Federal regulations.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.09 Electromagnetic Radiation
Applicable rules and regulations in regard to propagation of electro-magnetic radiation of the Federal Communications Commission are hereby made a part of this code, and shall be on file in the Office of the City Manager or the City Manager’s authorized representative.
Section 12.10 Vibration
No vibration other than from a temporary construction operation shall be permitted which is discernible without instruments at the zone lot line of the zone lot on which the vibration source is situated.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.11 Toxic Matter
No emission that would be demonstrably injurious to human health, animals, or plant life, at or beyond the lot line will be permitted. Where an industrial use could produce such omission as a result of accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.12 Fire and Explosive Hazard
The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, but only if said materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exteriors and protected throughout by an automatic fire extinguishing system.
All activities involving the use, storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate firefighting and suppression equipment and devices standard to the industry involved.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.13 Radioactive Materials
The manufacture, storage, and utilization of radioactive materials shall be in accordance with State and Federal regulations.
(Ord. No. 18-99 Revised Effective 8/26/99)
Section 12.14 Uses Required to Submit A Risk Management Plan Under the U.S. Clean Air Act Section 112(r)
New uses established after adoption of this section with regulated substances above threshold quantity, as defined in Section 112(r) of the U.S. Clean Air Act, will be required to have a setback no less than 500 feet from any property line adjacent to a non-industrial use or zoning district. This setback applies only to the bulk storage or processing location of the regulated substance, not to ancillary use locations with smaller volumes.
(Ord. No. 18-99 Revised Effective 8/26/99)
