§ 7.2. Performance Standards

7.2.1

Noise

Any activity or operation of any use producing noise, other than ordinary vehicle noise, shall be conducted so that no noise from the activity shall be deemed a public nuisance, as defined in of the City Code of Ordinances.

7.2.2

Heat

Any activity or operation of any use producing heat shall be conducted so that no heat from the activity or operation shall be detectable at any point off the zoning lot on which the use is located.

7.2.3

Light and Glare

1.

Purpose

The purpose of these standards is to create criteria for outdoor lighting for non-residential uses which will provide for nighttime safety, security and utility while reducing light pollution, light trespass, and conserving energy.

It is the intent of these criteria to establish appropriate lighting levels, efficient lighting sources, full cut-off lighting, and to minimize/discourage lighting glare, lighting pollution and lighting trespass.

2.

Light and Glare Definitions

For the purposes of applying the regulations of this section, the following definitions shall apply:

a.

Cutoff : The point at which all light rays emitted by a lamp, light source or luminaire is completely eliminated (cutoff) at a specific angle above the ground.

b.

Cutoff Angle: The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line perpendicular to the ground from the light source.

c.

Full Cutoff-Type Luminaire : A luminaire constructed or shielded to direct all light at a cutoff angle of less than 90 degrees (also referred to as a Horizon Limited Luminaire).

d.

Foot-candle : A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one-candle.

e.

Glare : Direct light emitted from a light source which causes eye discomfort.

f.

Light Pollution : The shining of light produced by a luminaire above the height of the luminaire and into the sky.

g.

Light Trespass : The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

h.

Luminaire : A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

3.

General Standards

a.

General Standards for Lighting on Private Property

1.

No flashing light shall be permitted. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

2.

Lighting shall be designed to function as a Full Cutoff Luminaire. Lighting which projects light into the sky shall be prohibited.

3.

Light sources or luminaries shall not be located within required buffer yards except along pedestrian walkways.

4.

All luminaries shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing a point five feet above grade on the lot line abutting a transitional yard or at any location on residentially zoned property. The height of light standards in parking lots storage areas shall be limited to 35-feet, as measured from existing grade to the height of the luminaire. This requirement shall not be applicable to those exempted uses described in this section below.

Subject to Planning and Zoning Commission review and City Council approval, requests for taller light standards may be requested for uses that have special lighting needs or for a use where taller lights may be necessary for a public health or safety concern. This requirement shall not be applicable to light standards erected along public rights-of-way by any public agency or entity.

5.

All luminaries shall be designed or positioned so that the maximum illumination at property lines will not exceed one (1.0) foot candle.

6.

Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities shall not illuminate abutting properties and the luminaries shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of an observer standing at the property line at a point five feet above grade.

7.

Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto adjacent residential properties.

8.

As part of the approval of a public project, the City Council may vary from the requirements of this section.

9.

The illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels.

b.

Method of Measurement

1.

Illumination levels shall be measured in foot candles with a meter sensor in a horizontal position at an approximate height of three feet above grade. Maximum illumination readings are to be taken directly beneath the luminaire.

2.

To determine minimum permitted illumination, illumination levels shall be measured in foot candles with a meter sensor in a horizontal position at an approximate height of three feet above grade. The point at which readings shall be taken is dependent upon the area classification and fixture arrangements.

4.

Exemptions

The following forms of lighting are exempt from the standards contained in this ordinance:

a.

Decorative seasonal lighting.

b.

Emergency lighting used by police, fire fighters, or other emergency services.

c.

Hazard warning luminaries which are required by regulatory agencies.

d.

Lighting utilized for the purpose of illuminating flags of the United States of America and the State of Texas.

e.

Lights installed by government agencies and utilities along public street right-of-ways and other public places for the purpose of public health and safety.

5.

Nonconforming Luminaries

Exterior lighting luminaries in existence on the effective date of this chapter shall be exempt from the standards of this chapter and shall be considered legally nonconforming. Such fixtures may be repaired and maintained. However, if any legal nonconforming luminaire is moved or damaged by any means to an extent that its total replacement is necessary, the luminaire, or replacement, shall comply with these requirements.

7.2.4

Dust and Particulate Matter

1.

Dust . Dust and other types of particulates borne by the wind from sources such as storage areas, yards, roads, bulk materials, conveying equipment and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.

2.

Fugitive Particulate Matter . No person shall cause or allow the emission or movement of fugitive particulate matter across a lot line onto an adjoining lot. This requirement shall not apply when the wind speed is greater than twenty-five (25) miles per hour. Fugitive particulate matter shall be defined as any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indirectly as a result of the activities of any person. The City may require the submittal of a Fugitive Dust Control Plan to ensure compliance with these standards.

3.

Smoke . In all districts, unless otherwise covered by a specific visible emission limiting standard by the State of Texas or Federal EPA, every use shall be operated so as to prevent the emission of smoke from any source whatever, the density of which is equal to or greater than that designated as Number 1 on the Ringlemann Chart, or the opacity of which is equal to or grew than twenty (20) percent. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, or Method 9, as published in Chapter 17-2 F.A.C. is incorporated herein by reference. All measurements shall be at the point of emission.

4.

Dust and Particulates . Every use shall be operated to prevent the emission into the air of dust or other solid particulate matter which may cause danger to land and the health of persons or animals at or beyond the lot line of the premises on which the use is located.

5.

Exemptions . The following uses shall be exempt from the fugitive particulate matter requirements: agricultural plowing and tilling, demolition activities, earth moving activities necessary to the initial preparation of a site for new construction, including new streets, new subdivisions, commercial developments and public works related projects.

6.

Dust Control Plan Required . Any use that will be of a nature that will store stockpiled materials, dirt, sand, fill or like materials, or have unpaved storage, shall be required to submit a Dust Control Plan for approval as a part of the Site Plan process as a condition of site plan approval, building permit issuance and the issuance of a Certificate of Occupancy.

7.2.5

Electromagnetic Interference

Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates.

7.2.6

Odors

No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the land on which the use is located. Table III chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists' Associating, Inc., Washington, D.C., is hereby adopted as a guide in determining the quantities of offensive odors, as are the guides and standards of the prohibitions against air pollution of the Department of Environmental Regulation (DER).

7.2.7

Toxic or Noxious Matter

No use shall for any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or general welfare, or cause injury or damage to persons, land, or the use of land, or render unclean the waters or air to the extent of being harmful or inimical to the public health, or to animal or aquatic life, or to the use of such air or water.

7.2.8

Radiation

Any operation involving radiation, such as the use of gamma rays, X-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles, shall be permitted only in accordance with the codes, rules, and regulations of the State Department of Health and Federal Environmental Protection Agency (EPA).

7.2.9

Electromagnetic Radiation and Interference

1.

Radiation . No person shall operate or cause to be operated for any purpose any planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation.

2.

Interference . No use, activity, or process shall be conducted which produces electromagnetic interference with normal telephone, radio or television reception in any district.

7.2.10

Vibration

No use shall be operated so as to produce ground vibration noticeable without instruments, at the lot line of an adjoining premises on which the use is located. This standard shall not be applicable to the construction or demolition of buildings or other structures, or the construction of government improvements, such as roads.

7.2.11

Open Outdoor Storage

1.

In those areas where outdoor storage is expressly permitted, the City reserves the right to request an inventory of materials stored outdoors and make periodic inspections of outdoor storage areas to ensure that such materials are being stored in a manner that complies with all environmental performance standards contained in this section and may request proof of the issuance of permits from any applicable governmental agency that has jurisdiction over the stored materials.

2.

Dust Control Plan Required . The City reserves the right to require the submittal of a Dust Control Plan for any open outdoor storage use that generates dust and can require dust remediation measures to mitigate dust control issues. Categories of Outdoor Storage include Outdoor Display, Limited Outdoor Storage and General Outdoor Storage shall refer to Article 9 for additional information and requirements.