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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
|
Decibel Level |
||||||
|
|
|
|
7a.m. – 10p.m. |
|
|
10p.m.-7a.m. |
|
|
L50 |
L10 |
Maximum Limit |
L50 |
L10 |
Maximum Limit |
|
Residential |
65dBA |
70dBA |
80dBA |
55dBA |
60dBA |
75dBA |
|
|
|
|
7a.m. – 12 midnight |
|
|
12 midnight – 7a.m. |
|
|
L50 |
L10 |
Maximum Limit |
L50 |
L10 |
Maximum Limit |
|
Business |
70dBA |
75dBA |
80dBA |
70dBA |
75dBA |
80dBA |
|
Industrial |
75dBA |
NA |
80dBA |
75dBA |
NA |
80dBA |
(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)
