The purpose of this division 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, noise, open storage, glare, and fuel supply in the vicinity of such sites. These regulations are aimed specifically at achieving the environmental and aesthetic goals described in the city’s comprehensive planning program.
(1999 Code, sec. 153.100)
All permitted uses shall conform in operation, location, and construction to the performance standards as specified in this division. In addition, such standards or some portion of them may reasonably be appended to certain other conditional use permits as may be determined to require these protective standards.
(1999 Code, sec. 153.101)
(a) 
Except as otherwise provided for herein, noise performance standards in the city shall be in conformance with and regulated by the Tex. Penal Code section 42.01 regarding unreasonable noise in public places. In addition to offenses in violation of the Tex. Penal Code, a person is presumed to commit an offense if he intentionally or knowingly:
(1) 
In either a public or private place within the city, operates or permits the operation of any electronic or physically operated device which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player, sound amplifier, speaker, or other similar device in such a manner that it is audible at a distance of 30 feet or more from the originating source by a person using his or her unaided hearing faculties or causes a person to be aware of the vibration accompanying the sound at a distance of 30 feet or more from the source.
(b) 
The characteristics and conditions which should be considered in determining whether an excessive noise violation occurs include but are not limited to the following:
(1) 
The level of the noise.
(2) 
Whether the nature of the noise is usual or unusual.
(3) 
Whether the origin of the noise is natural or unnatural.
(4) 
The level of the ambient noise.
(5) 
The proximity of the noise to residences or other sleeping facilities.
(6) 
The nature and zoning of the area from which the noise emanates and the area where it is received.
(7) 
The time of day or night the noise occurs.
(8) 
The duration of the noise.
(9) 
Whether the noise is recurrent, intermittent, or constant.
(10) 
The number of citizens complaints concerning noise in the area.
(c) 
These provisions shall be in addition to any other ordinances or rules of law regulating noise within the city.
(d) 
“Person” means an individual, corporation, or association.
(e) 
“Association” means a trust, partnership, or two or more persons having a joint or common economic interest.
(f) 
The owner and/or person in actual possession of the real property from which excessive noise originates has a legal duty to prevent a violation of this section and such owner or person shall be criminally responsible for a violation of this section in addition to any person actually making the noise in violation of this section. It shall be an affirmative defense to a violation under this section that the owner and/or person in actual possession of the real property made a reasonable effort to prevent the offense.
(g) 
No person shall operate an engine of any motor vehicle as defined by the Texas Transportation Code so as to “brake” or slow the same through the use of gears (commonly known as “jake braking”) or by any other method on any public right-of-way in the city which produces any noise in addition to the normal operating engine noise. The maximum penalty for any violation of this provision shall be by fine not to exceed $200.00.
(1999 Code, sec. 153.102; Ordinance 590, sec. 2, adopted 12/5/05)
(a) 
Industrial limits.
No industrial operation or use shall cause, create, or allow the emission 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 state commission on environmental quality including but not limited to those in Tex. Admin. Code title 30 or the standards specified by the department of state health services including but not limited to those in Tex. Admin. Code title 25; 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 subsection (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 in compliance with this section.
(b) 
State regulations control.
The emission of particulate matter from all sources in a district subject to this division shall not exceed the level specified by the state commission on environmental quality regulations including but not limited to those in Tex. Admin. Code title 30 or the regulations specified by the department of state health services including but not limited to those in Tex. Admin. Code title 25.
(c) 
Fugitive dust-particulate control.
Open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne 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 of the tract on which the use is located.
(1999 Code, sec. 153.103)
(a) 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
(b) 
The odor threshold shall be determined by observation. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials ASTMD 1391-57 entitled “Standard Method for Measuring Odor in Atmospheres” shall be used and is incorporated by reference.
(1999 Code, sec. 153.104)
No commercial or industrial use involving the manufacture or storage of petrochemical compounds or products which decompose by detonation shall be permitted in the city, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one gallon or less for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the code enforcement officer and the fire department. The storage of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petrochemical products for industrial purposes shall be allowed only after a conditional use permit for such use has been granted in conformance with the terms of sections 14.02.051 through 14.02.061.
(1999 Code, sec. 153.105)
No commercial or industrial operation or use permitted under the terms of this article shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such operation or use is located.
(1999 Code, sec. 153.106)
No use permitted under the terms of this article shall at any time create earthborne vibration which when measured at the boundary property line of the source operation exceeds the limits of the displacement set forth in the table below:
Displacement Limits For Vibration
Frequency Cycles Per Second
Displacement in Inches
0 to 10
.0010
10 to 20
.0007
20 to 30
.0005
30 to 40
.0004
40 and over
.0003
(1999 Code, sec. 153.107)
No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the boundary property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
(1999 Code, sec. 153.108)
Each development shall provide for the on-site or off-site detention of excess stormwater runoff resulting from that development. For the purpose of this division, “excess stormwater runoff” shall include all increases in stormwater resulting from: an increase in the impervious surface of the site, including all additions of buildings, roads, and parking lots; changes in soil absorption caused by compaction during development; modifications in contours, including the filling or draining of small depressional areas, alteration of drainageways, or regrading of slopes; destruction of forest; alteration of drainageways or installation of collection systems to intercept street flows or to replace swales or other drainageways; or the alteration of subsurface flows, including any groundwater dewatering or diversion practices compared with the site in its natural state.
(1999 Code, sec. 153.109)
No emission of water from any land use in the city, whether by entry into the municipal wastewater system, stormwater control system, a stream or other body of water, shall be permitted if the quality of such emitted water violates the laws of the state or of the United States.
(1999 Code, sec. 153.110)