The purpose of this Article is to set forth regulations which
protect the public from the potential negative effects of industrial
and intense commercial development by regulating smoke and particulate
matter, odorous matter, fire or explosive materials, toxic and noxious
matter, vibration, open storage, glare and fuel supply in the vicinity
of such sites.
(Ordinance 2006-04-13, sec. 14.701,
adopted 4/24/06)
The following performance standards shall apply to all zoning
districts in the City of Lancaster.
(Ordinance 2006-04-13, sec. 14.702,
adopted 4/24/06)
(a) Definitions.
Candela
means a measurement quantified in unit(s) of luminous intensity
in any given direction. It is also commonly referred to as candlepower(s).
Floodlight
means an artificial illumination in broad beam, above fifteen
(15) watts with a light source that extends more than (2) inches below
the horizontal plane of the laminar [luminaire].
Footcandle
means the amount of illumination provided by one (1) lumen
uniformly distributed on one (1) square foot of surface.
Full Cut-Off
means a light source that does not extend below the horizontal
plan of the luminaire.
Light Source
means the device which produces visible energy, such as a
bulb.
Lumen
means the quantity of luminous flux intercepted by a surface
of one (1) square foot, all points of which are one (1) foot from
a uniform source of one (1) candela. A one-candela source provides
12.57 lumens.
Luminaire
means a complete lighting unit including a light source and
all necessary mechanical, electrical, reflective, and decorative parts.
Partial Cut-Off
means a light source that extends no more than one (1) inch
below the horizontal plan [plane] of luminaire.
TCEQ
means Texas Commission on Environmental Quality.
(b) Prohibited Lighting.
It shall be unlawful to display
or operate the following:
(1) An unshielded light source, including bare bulbs, above 15 watts,
except for temporary holiday lighting.
(2) The operation of search lighting is prohibited except it shall be
permitted for a period not to exceed fourteen (14) days from grand
openings and promotional events with permission of the Building Official.
(c) Minimum Requirements.
(1) Glare.
In order to preserve the night sky and to reduce
glare on roadways, pedestrian areas and adjacent development, light
sources (e.g. light bulbs) shall be oriented down and toward the center
of the site or shielded so as to not be visible from the property
line. This applies to refractory lenses which extend beyond the lighting
fixture and are designed to redirect the lighting source horizontally.
This does not apply to neon or internally lit signs, or to decorative
lighting with 15 watts or less per bulb.
(2) Luminaries.
Light sources shall be of a down-light type,
indirect, diffused, or shielded type luminaries and/or so installed
as to reduce glare effect and consequent interference with use of
adjacent properties and boundary streets. Bare bulbs above fifteen
(15) watts or strings of lamps are prohibited, except for temporary
lighting not exceeding forty-five (45) days per year and as provided
by other ordinances of the city.
(3) Off-Street Parking Areas.
All off-street parking areas
for nonresidential uses in nonresidential districts which are used
after dark shall be illuminated beginning one-half (1/2) hour after
sunset and continuing throughout the hours of use or until midnight,
whichever is earlier. In case only a portion of a parking area is
offered for use after dark, only that part is required to be illuminated
in accordance with these standards. However, the portion offered for
use shall be clearly designated. Lighting within the parking areas
shall meet the following minimum requirements. No intermittent or
flashing lights are permitted.
Intensity:
A. On the parking area surface, an average of at least two (2) footcandles,
initial measurement, and a minimum average of one (1) footcandle on
a maintained basis.
B. Minimum at any point on the parking area surface to be at least six-tenths
(0.6) footcandles initial, and at least three-tenths (0.3) footcandles
maintained, or one-third (1/3) of the average, whichever is greater.
(4) Building and Pole Mounted Lighting.
All building and
pole mounted luminaries exceeding fifteen (15) watts shall be directed
down with either a partial cut-off or full cut-off source. See Exhibits
A and B.
(5) Height.
No light pole, base or combination thereof shall
exceed thirty (30) feet.
(6) Light at Residential Property Line.
The allowable maximum
light intensity measured at three (3) feet above grade at the property
line of a residentially zoned lot shall be 0.25 of one footcandle.
(7) Exemptions.
1. Historic or antique-style pedestrian light fixtures approved by the
city are excluded from these standards.
2. Low Wattage holiday special lighting shall be permitted for a maximum
time period of forty-five (45) days for each holiday used.
(d) Plan May be Required.
A photometric plan describing
compliance with the provisions of this ordinance may be required by
the Director or Building Official if adjacent to residential areas.
If required, it shall be submitted to the Director prior to the issuance
of any building permit or certificate of occupancy that proposes additional
lighting. This plan shall be prepared by an appropriate lighting designer
such as a lighting engineer, architect or other qualified lighting
designer. Upon installation of the lighting, the designer shall provide
a letter certifying that the lighting is installed in accordance with
the approved design and this ordinance. The Director shall have the
authority to interpret and determine compliance with this ordinance.
The Planning and Zoning Commission may grant exemptions to the provisions
of this Article if compliance will result in substantial financial
hardship or inequity, so long as said exemption is without harm to
the public. Decisions of the Planning and Zoning Commission may be
appealed to the City Council.
(e) Nonconforming Lighting.
Luminaries installed prior to
the adoption of this ordinance shall be exempt from the requirements
herein.
(f) Exemptions.
Lighting installed by or for a governmental
agency for the public benefit that is used for activities for the
public benefit such as right-of-way, ball fields, airports and parks
shall be exempt. However, parking lot lighting for these activities
shall meet the requirements of the ordinance.
EXHIBIT A
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Example of Full Cut-Off Building Mounted Fixture
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Example of Full Cut-Off Light Standards
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EXHIBIT B
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Example of Partial Cut-Off Building Mounted Fixture
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Example of Partial Cut-Off Light Standards
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(Ordinance 2006-04-13, sec. 14.703,
adopted 4/24/06)
(a) Noise, General.
At no point either on the boundary of
the zone or at 125 feet from the property line of the plant or operation,
whichever distance is greater, shall the sound pressure level of any
operation of plant (other than background noises produced by sources
not under control of this ordinance, such as the operation of motor
vehicles or other transportation facilities) exceed the decibel limits
in the octave bands designated below.
(b) Noise Level at Residential Property Lines.
Notwithstanding 4.1 [subsection
(a)] above, noise levels measured at residential property lines shall not exceed the following:
(1) Nighttime Noise Level.
Noise levels shall not exceed
49 dBA at a residential property line between 7 PM and 7 AM, however,
construction noise shall be limited to between 6 AM and 9 PM.
(2) Daytime Noise Level.
Noise levels shall not exceed 56
dBA at a residential property line.
(3) Octave Band Standards.
Noise in any octave band shall
not exceed standards set out in the following chart:
FIGURE 3 NOISE STANDARDS
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At no point along the bounding property line of any lot or parcel
in a residential district shall the sound pressure level of any operation
or activity exceed the decibel limits specified in the octave band
groups designated in the following table:
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Octave Band Range
(CPS)
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Decibel Band Limit
(dB re 0.0002 microbar)
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37 - 75
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80
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75 - 150
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68
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150 - 300
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61
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300 - 600
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55
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600 - 1200
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51
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1200 - 2400
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48
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2400 - 4800
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45
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4800 - 9600
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43
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"A" scale (for monitoring purposes only)
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56
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Noise level adjustments:
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Nighttime Noise - 7 PM and & 7 AM - Subtract 7 db
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Impulsive Noise - Subtract 7 db
(Meter reading changes at a rate greater than 10 db per second)
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(4) Higher Ambient Noise Levels.
Where ambient noise levels
from traffic or multiple sources already exceed the standards, the
subject source may not increase that existing noise level.
(5) Public Facilities and Activities Excluded.
Public facilities
and activities are excluded from this standard. Such activities may
include:
A. Any activity the City or its agents conduct in pursuit of its usual
activities such as trash removal, police and fire protection.
B. Airport activity directly related to flight operations.
C. Any public event such as concerts and other events sponsored by a
public or nonprofit organization.
(c) Measurement.
Sound levels shall be measured with a sound-level
meter and associated octave band filter, manufactured and calibrated
according to standards prescribed by the American Standards Association.
Measurements shall be made using the flat or C network of the sound
level meter and the fast meter movement of the octave band analyzer.
Impulsive type noises shall be subject to the performance standards
hereinafter prescribed provided that such noises shall be capable
of being accurately measured with such equipment. Noises capable of
being so measured shall be those noises which cause rapid fluctuations
of the needle of the sound-level meter with a variation of no more
than plus or minus two (2) decibels. Noises incapable of being so
measured, such as those of an irregular and intermittent nature, shall
be controlled so as not to become a nuisance to adjacent users.
(Ordinance 2006-04-13, sec. 14.704,
adopted 4/24/06)
(a) Standards.
No industrial operation or use shall cause,
create, or allow the emission for more than three minutes in any one
hour, of air contaminants which at the emission point or within the
bounds of the property are:
(1) In violation of the standards specified by the Texas Commission on
Environmental Quality (TCEQ), or subsequent agency; or
(2) Of such capacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in "A" [subsection
(1)] above except that, when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered to comply with this Section.
(b) Combined Standards.
The emission of particulate matter
from all sources in a district subject to this Article shall not exceed
the level specified by the TCEQ, or subsequent agency.
(c) Standards Measured at Property Line.
Open storage and
open processing operations, including on-site transportation movements
which are the source of wind- or air-borne dust or other particulate
matter; or which involve dust or other particulate air contaminant
generating equipment including but not limited to paint spraying,
grain handling, sand or gravel processing or storage or sand blasting
shall be so conducted such that dust and other particulate matter
so generated are not transported across the boundary property line
or the tract on which the use is located in concentrations exceeding
standards set by the TCEQ.
(Ordinance 2006-04-13, sec. 14.705,
adopted 4/24/06)
(a) Applicability.
No use shall be operated in any zoning
district in such a manner that the emission of odorous matter occurs
in such quantity or volume as to produce a nuisance, source of discomfort
or hazard beyond the bounding property lines of such use.
(b) Determination.
The odor threshold as herein referred
to shall be determined by observation by a person or persons designated
by the City Manager. In any case, where the operator of an odor-emitting
use may disagree with the enforcing officer where specific measurement
of odor concentration is required, the method and procedures specified
by the American Society for Testing Materials ASTMD 1391-57 entitled
Standard Method for Measuring Odors in Atmosphere shall be used.
(Ordinance 2006-04-13, sec. 14.706,
adopted 4/24/06)
No industrial operation or other use shall emit toxic, caustic
or noxious matter in any concentration across the bounding property
line of the tract on which operation or use is located. The requirements
of the TCEQ shall be met.
(Ordinance 2006-04-13, sec. 14.707,
adopted 4/24/06)
Any industrial operation or activity which shall cause at any
time and at any point along the nearest adjacent property line, earthborne
vibrations in excess of the limits set forth in Column I (below) are
prohibited. In addition, any industrial operation or activity which
shall cause at any time and at any point along a zone boundary line,
earthborne vibrations in excess of the limits set forth in Column
II are prohibited. Vibrations shall be expressed as resultant displacement
in inches.
FIGURE 4. VIBRATION STANDARDS
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Frequency
(cycles per second)
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Displacement I
(inches)
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Displacement II
(inches)
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0 - 10
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0.0008
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0.0004
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10 - 20
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0.0005
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0.0002
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20 - 30
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0.0002
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0.0001
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30 - 40
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0.0002
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0.0001
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40 and over
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0.0001
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0.0001
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This tabulation is for steady state vibration; which is defined
as continuous vibration in contrast to discrete pulses. Impact vibration,
that is, discrete pulses which do not exceed 100 pulses per minute,
shall not produce in excess of twice (2 times) the displacement stipulated
above.
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(Ordinance 2006-04-13, sec. 14.708,
adopted 4/24/06)
(a) Explosive Material.
No industrial use involving the
manufacture or storage of compounds or products which decompose by
detonation shall be permitted, except that chlorates, perchlorates,
phosphorous, and similar substances and compounds in small quantities
for use by industry, school laboratories, druggists, or wholesalers
may be permitted.
(b) Flammable Material.
The storage and use of all flammable
liquids and materials such as pyroxylin plastics, nitrocellulose film
solvents and petroleum products shall be permitted only when such
storage or use conforms to the standards and regulations of the City
of Lancaster, as well as the Water Pollution Control standards and
regulations.
The storage, utilization or manufacture of solid materials or
products ranging from incombustible to moderate burning is permitted
in accordance with applicable City codes and ordinances. The storage,
utilization or manufacture of solid materials or products ranging
from free or active burning to intense burning is permitted in accordance
with applicable City codes and ordinances provided the following condition
is met:
Said materials or products shall be stored, utilized or manufactured
within complete enclosed buildings having incombustible exterior walls
and protected throughout by an automatic fire extinguishing system.
The storage, utilization or manufacture of flammable liquids
or gases which produce flammable or explosive vapors, shall be permitted
in accordance with Table A.3 (exclusive of storage of finished products
in original sealed containers) and the City's fire prevention code
as interpreted by the City Fire Marshal.
TABLE [A.3]
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Industries engaged in storage & distribution of such materials:
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Prohibited above ground
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100,000 gals. under ground
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Materials having a flash point above 190° Fahrenheit
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Prohibited
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100,000 gals.
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From and including 105 degrees Fahrenheit to and
including 190 degrees Fahrenheit
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Prohibited
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40,000 gals.
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Materials having a flash point below 105° Fahrenheit
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Prohibited
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20,000 gals.
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Industries engaged in utilization and manufacture of such materials:
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Materials - flash point >190°
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10,000
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50,000 gals.
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From and including 105° through and including
190
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1,000
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20,000 gals.
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Materials - flash point > 105°
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500
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10,000 gals.
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(Ordinance 2006-04-13, sec. 14.709,
adopted 4/24/06)
(a) Water Pollution:
No operation or activity shall discharge
or cause to be discharged, liquid or solid waste into public waters
unless in conformance with the provisions of the TCEQ.
(b) Liquid or Solid Waste:
No discharge at any point will
be allowed into any public sewer, private sewer disposal system, or
stream or into the ground, except in accordance with standards approved
by the State Health Department or standards equivalent to those approved
by such department, for similar uses, of any materials of such nature
or temperature as can contaminate any water supply, interfere with
bacterial processes in sewage treatment or otherwise cause the emission
of dangerous or offensive elements. All discharges shall comply with
all applicable City Ordinances.
(Ordinance 2006-04-13, sec. 14.710,
adopted 4/24/06)