A.

The purpose of this chapter is to establish regulations and standards for the installation and operation of industrial, commercial, community facility uses, based upon consideration of the objectionable characteristics of such uses and the districts in which they are permitted.

B.

In all districts, as indicated in each respective district, any permitted use or any conditional use and every building or structure or tract of land that is established, developed, or constructed shall comply with each and every performance standard contained herein.

C.

When any use or building or other structure is extended, enlarged, or reconstructed after the effective date of this ordinance, the applicable performance standards shall apply to such extended, enlarged, or reconstructed portion or portions of such use of a building or other structure.

D.

The provisions of this chapter shall apply notwithstanding the issuance after the effective date of this ordinance of any zoning permit or use and occupancy permit.

E.

Performance standards are not applicable to the temporary construction, excavation, grading and demolition activities which are necessary and incidental to the development of facilities on the same zone lot, on another of several zone lots being developed at the time, or on the public right-of-way or easement for a community facility activity.

F.

In the case of any conflict between the activity type and the performance standards, the latter shall control. In the case of any conflict between the performance standards set forth herein and any rules and regulations adopted by other governmental agencies, the more restrictive shall apply.

The following performance standard regulations shall apply to all uses of property as indicated in each respective district:

A.

Prohibition of Dangerous or Objectionable Elements

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition, or element in such a manner or in such amount as to adversely affect the surrounding area of adjoining premises (referred to herein as "dangerous or objectionable elements"); provided, that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence.

B.

Performance Standards Regulating Noise

(1)

Definitions

For the purpose of this section, the following terms shall apply:

Decibel: A unit of intensity of sound pressure. The decibel scale is a logarithmic scale of ratios of pressure with respect to a reference pressure of 0.00002 microbars. It is abbreviated as DB.

Frequency: The number of times that a sound pressure fluctuation completely repeats itself in one (1) second of time. Frequency is designated in cycles per second and is abbreviated c.p.s.

Impact Noise Analyzer: An instrument to measure the peak sound pressure of an impact sound.

Impact Sound: A sound produced by two (2) or more objects (or parts of a machine) striking each other, so as to be heard as separate district noises.

Noise: A subjective description of an undesirable or unwanted sound.

Octave Band: A band of frequencies in which the upper limit of the band is twice the lower limit.

Preferred Frequency Octave Band: These octave bands are replacing the pre-1960 octave bands. The Preferred Frequency Bands are designated by a single number which corresponds to their geometric center frequency. Nine (9) octave bands cover the entire range of frequencies of interest of industrial noise and are described in the United States America Standard Institute (USASI) Standard Number SI.6-1960.

Octave Band Analyzer: An instrument to measure octave band composition of noise by means of bandpass filters. It shall meet all requirements of the USASI and shall be calibrated for use with Preferred Frequencies.

Overall Sound Level: Total sound pressure level in the entire frequency spectrum between twenty (20) and twenty thousand (20,000) c.p.s.

Sound: Rapid fluctuations of atmospheric pressure which are audible to persons.

Sound Level Meter: An instrument to measure the overall sound level. It shall comply with applicable specifications of the USASI. Steady State: a noise or vibration which is continuous such as from a fan or compressor.

(2)

Method of Measurement

(a)

For the purpose of measuring the intensity or frequency of sound, the sound level meter, octave band analyzer, and the impact analyzer shall be employed. The instruments to be used for these noise measurements shall conform to all current applicable USASI standards. During these measurements, the instruments shall be set on the "C" weighting scale with the meter set for slow response.

(b)

Impact noises shall be measured on a commercially available impact noise analyzer.

(3)

Maximum Permitted Sound Levels

The maximum permitted sound pressure levels in decibels across zone lot lines and district boundaries shall be in accordance with the following tables:

(a)

For impact noise levels, the values in the following table shall apply. For purposes of this ordinance, impact noise shall be considered to be those noises whose peak values are more than 3dB higher than the values indicated on the sound level meter.

(b)

Between the hours of 7:00 a.m. and 7:00 p.m., all of the permissible noise levels indicated in the previous tables for residential district boundaries shall be reduced by 5 dB.

(c)

Noises not directly attributable to an activity located on the zone lot are excluded from the above limitations (such as from independent transportation facilities).

C.

Performance Standards Regulating Vibration

No vibration other than from a temporary construction operation or a transportation facility shall be permitted which is discernible without instruments at the zone lot line of the zone lot on which the vibration source is situated.

For purposes of this section, vibration shall include the type of vibration which is a reciprocating movement transmitted through the earth and impact vibration produced by two (2) or more objects (or parts of a machine) striking each other.

D.

Performance Standards Regulating Smoke, Gases, Dust, and Particulate Matter

(1)

Definitions

(a)

Particulate Matter: Matter, other than combined water, which is suspended in air and other gases, in a finely divided form, as a liquid or solid at standard conditions.

(b)

Opacity: The degree to which emissions reduce the transmission of light and obscure the view of an object in the background. Opacity is used in measuring the shades and density of air contaminants arising from stacks, chimneys, and other sources.

(c)

Smoke: Small gas-borne or airborne particles regulating from combustion operations and consisting of carbon and ash and other matter present in sufficient quantity to be observable.

(2)

Smoke

No emission shall be permitted at any point from any stack, chimney, or other source or smoke of visible effluent of a shade equal to or darker than twenty percent (20%) opacity, except as provided below:

(a)

Within the RI Districts, the emission of smoke or visible effluent of a shade equal to forty percent (40%) opacity may be permitted for six (6) minutes in any four (4) hour period.

(b)

Within the GI Districts, the emission of smoke or visible effluent of a shade equal to or darker than forty percent (40%) opacity shall not be permitted, except that visible gray smoke of a shade equal to fifty percent (50%) opacity may be permitted for three (3) minutes in any one (1) hour period.

(3)

Gases, Dust, and Particulate Matter

No emission shall be permitted from any stack, chimney, or other source of any solid or liquid particles in concentrations exceeding 0.30 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty percent (50%) excess air. In no case shall any emission be permitted which will cause any damage to health, animals, vegetation, or other forms of property or which can cause soiling at any point beyond the zone lot line on which the source is situated.

E.

Performance Standards Regulating Odors

(1)

Definitions

(a)

Odorous Matter: Solid, liquid, or gaseous material which produces an olfactory response in a human being.

(b)

Odor Threshold Concentration: The lowest concentration of odorous matter which will produce an olfactory response in a human being.

(2)

Emission of Odorous Matter

(a)

Within the RI and GI Districts, odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond the district boundary of any residential, commercial or agricultural district.

Within all other districts, odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond the zone lot line.

F.

Performance Standards Regulating Toxic Matter

(1)

Definitions

(a)

Threshold Limit Values: The maximum allowable concentration permitted an industrial worker for eight (8) hours exposure per day, five (5) days a week as adopted by the American Conference of Governmental Industrial Hygienists.

(b)

Toxic Matter: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

(2)

Methods of Measurement

The measurement of toxic matter shall be at ground level or habitable elevation at the zone lot line and shall be average of a 24-hour sample.

(3)

Emission of Toxic Matter

Within all industrial districts, the release of toxic matter shall not exceed one-thirtieth (1/30) of the threshold limit value. Within all other districts, the release of any toxic matter is prohibited.

G.

Performance Standards Regulating Fire and Explosive Hazards

(1)

Explosive Materials

(a)

Activities involving the storage, utilization, or manufacture of products or materials which decompose by detonation shall be provided with adequate fire-fighting and suppression equipment and devices standard to the activity involved. Where detonable materials are permitted, these materials shall be handled in accordance with the National Fire Code.

(b)

Within the GI Districts, the storage and utilization (but not manufacture) of detonable materials in excess of five (5) pounds is permitted, in accordance with applicable state and local regulations. The storage of such materials in all other districts is prohibited.

(2)

Fire Hazard Solids

Within all industrial districts, the storage, utilization, or manufacture of solid materials which are free or active to intense burning may be permitted but shall be conducted within spaces having fire restrictive construction of no less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no less than forty (40) feet from all zone lot lines. The storage or manufacture of such materials in all other districts is prohibited.

(3)

Fire Hazard Liquids and Gases

(a)

In all industrial districts, the storage, utilization, or manufacture or flammable liquids or gases which produce flammable of explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers of fifty-five (55) gallons or less. Such finished products shall be stored in fire-resistive and fire-protected areas, or if stored outdoors, no closer than forty (40) feet from all zone lot lines.

(b)

The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each industrial district. The storage of such materials in all other districts is prohibited.

H.

Performance Standards Regulating Glare and Electromagnetic Interference

(1)

Definitions

Foot Candle: A unit of illumination. Technically the illumination at all points one (1) foot distance from a uniform point source of one (1) candlepower.

(2)

Limitation of Glare

In all districts, any operation or activity producing glare shall be conducted so that direct and indirect light from the source shall not cause illumination in excess of 0.5 foot candles when measured in a residential district.

(3)

Electromagnetic Interference

In all districts, no operations or activities shall be conducted which cause electrical disturbances to be transmitted across zone lot lines.

I.

Performance Standards Regulating Radioactive Materials

The manufacture, storage, and utilization of radioactive materials shall be in accordance with the "State Regulations for Protection Against Radiation" issued by the Tennessee Department of Health and Environment.

J.

Nonconforming Uses by Reason of Performance Standards

Any use existing on the effective date of this ordinance, or subsequent amendment as applicable, and permitted by right that does not meet the requirements of one (1) or more of the performance standards established explicitly in this chapter or by reference shall be subject to the nonconforming use provisions of Chapter A-12.