HomeMy WebLinkAboutOrdinance No. 99-1148ORIGINAL
ORDINANCE NO 99-1148
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY, THE SAME BEING APPENDIX A- ZONING, OF THE
CITY'S CODE OF ORDINANCES, AS AMENDED, BY
PROVIDING PERFORMANCE STANDARDS FOR INDUSTRIAL
AND PLANNED DEVELOPMENT DISTRICTS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY UPON
CONVICTION IN AN AMOUNT NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of The Colony is desirous of establishing
performance standards for regulating industrial developments located on land
zoned Industrial 'T' and Planned Development "PD" zoning district classification
for the purpose of promoting the health, safety, morals and general welfare of its
residents; and
WHEREAS, in accordance with law the Planning and Zoning Commission
held a public hearing on September 14, 1999, and considered the amendments
to Appendix A- Zoning of the City's Code of Ordinances, the same being the
comprehensive zoning ordinance of the City, to provide for performance
standards to regulate industrial developments in the Industrial 'T' and Planned
Development "PD" districts, and made a recommendation to the City Council;
and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission and the evidence,
information and other materials submitted and received at the public hearing and
in connection therewith, the City Council of the City of The Colony finds that it is
in the public interest to amend the comprehensive zoning ordinance to provide
performance standards to regulate industrial developments in the Industrial 'T'
and Planned Development "PD" Districts and further finds that such performance
standards will promote health, safety, morals, and general welfare of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. Incorporation of premises. The above and foregoing premises are
true and correct and are incorporated herein and made a part hereof for all
purposes.
Section2. Amendment. That Section 10-401 and 10-402 of Appendix A-
Zoning, of the City's Code of Ordinances are hereby amended to read as follows:
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Section3. Performance Standards, I and PD-I Industrial districts. The
performance standards and regulations set forth in Section 10-402 shall apply to
land zoned I-Industrial and to Planned Development Districts to the extent such
districts include industrial uses.
A. Definitions.
The following words, terms and phrases, when used in this subsection, shall
have the meanings ascribed to them in this paragraph, except where the context
clearly indicates a different meaning:
(1) "Daytime" means the hours between sunrise and sunset on any given day.
(2) "Decibel" means a unit of measurement of sound pressure.
(3) "Frequency" means the number of times per second a vibration or sound
wave oscillates.
(4) "Octave band" means a portion of the audible sound spectrum. An octave
band analyzer divides the audible sound spectrum into eight (8) octave
bands.
(5) "Odor threshold" means the concentration of odorous matter in the
atmosphere necessary to be perceptible to the olfactory nerve of a normal
person. Determination of the odor threshold is prescribed by American
Society for Testing and Materials (A.S.T.M)
(6) "Particulate matter" means finely divided solid or liquid matter, other than
water, which is released into the atmosphere.
(6) "Smoke" means the visible discharge of particulate matter from a chimney,
vent, exhaust or combustion process.
(7) "Toxic and noxious matter" means any solid, liquid or gaseous matter
which is present in sufficient quantities to endanger health, safety and
comfort of persons in the vicinity or which may cause injury or damage to
property.
(8) "Vibration" means a periodic displacement of the earth measured in
inches.
B. Uses to conform to standards.
In the Planned Development and Industrial districts, any use indicated as a
permitted use in each respective district on the use schedule shall be permitted,
and in addition there shall be permitted any other manufacturing, processing,
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fabricating, packing or storage use, except those requiring specific use permits,
which conform in operation, location and construction to the performance
standards specified in this subsection for noise, smoke and particulate matter,
odorous matter, fire or explosive hazardous material, toxic and noxious matter,
vibration, glare and open storage.
C. Performance Standards.
Performance standards in the Planned Development and Industrial districts shall
be as follows:
(1) Noise. Except as otherwise provided, at no point at the bounding property
line of any use in the Planned Development or Industrial districts shall the sound
pressure level of any operation or plant exceed the decibel limits specified in the
octave band groups designated in the following table:
a. Octave band-decibel limits table.
Octave band 37 75 150 300 600 1200 2400 4800 A
(cps) 75 150 300 600 1200 2400 4800 9600 scale
Decibel band 86 76 70 65 63 58 55 53 65
limit (dB re 0.0002 microbar)
Note: A-scale levels are provided for monitoring purposes only and are not
applicable to detail sound analysis.
As used in this subsection, "bounding property line" shall be interpreted as being
at the far side of any street, alley, stream or other permanently dedicated open
space from the noise source when such open space exists between the property
line of the noise Source and adjacent property. When no such open space
exists, the common line between two (2) parcels of property shall be interpreted
as the bounding property line.
b. The following corrections shall be made to the table of octave band-decibel
limits in determining compliance with the noise level standards in the Planned
Development or Industrial district.
1. When noise is present at night time, subtract 7dB
2. When noise contains strong pure-tone components or is impulsive, that is
when meter changes at ten (10) decibels or more per second, subtract 7 dB
3. When noise is present for not more than:
i. One-half minute in any one-half-hour period;
ii. One (1) minute in any one-hour period;
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iii. Ten (10) minutes in any two-hour period; or
iv. Twenty (20) minutes in any four-hour period;
add 10 dB
c. Measurements of noise shall be made with a sound level meter on an octave
band analyzer meeting the standards prescribed by the American Society for
Testing and Materials. (A.S.T.M.)
(2) Smoke and particulate matter.
(a) No operation or use in the Planned Development or Industrial district shall
cause, create or allow the emission for more than three (3) minutes in any
one (1) hour of air contaminants which at the emission point or within the
bounds of the property are:
i. As dark or darker in shade as that designated as No. 2 on the Ringlemann
Chart as published by the United States Bureau of Mines Information Circular
7118.
ii. Of such opacity 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 (2)a. of this section, except that, when the presence of uncombined
water 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 the standards in subsection (2)a. and b. shall not apply.
b. The emission of particulate matter from all sources in a Planned Development
or Industrial district must not exceed 0.5 pounds per acre of property within the
plant site per any one (1) hour.
c. The 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 such as used in paint spraying, grain handling, sand or
gravel processing or storage or sand blasting, shall be so conducted that dust
and other particulate matter generated are not transported across the boundary
line of the tract on which the use is located in concentrations exceeding four (4)
grains per one thousand (1,000) cubic feet of air.
(3) Odorous matter.
a. No use shall be located or operated in the Planned Development or Industrial
district which involves 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.
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b. The odor threshold as set forth shall be determined by observation by a
person. 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 (A.S.T.M.) shall
be used.
(4) Fire or explosive hazardous material.
a. No use involving the manufacture or storage of compounds or products which
decompose by detonation shall be permitted in the Planned Development or
Industrial district except that chlorates, nitrates, perchlorates, phosphorous and
similar substances and compounds in small quantities for use by industry, school
laboratories, druggists or wholesalers are permitted when approved by the fire
department of the city.
b. The storage and use of all flammable liquids and materials such as proxylin
plastics, nitrocellulose film, solvents and petroleum products are permitted only
when such storage or use conforms to the standards and regulations of the fire
department.
(5) Toxic and noxious matter. No operation or use permitted in the Planned
Development or Industrial district may emit a concentration across the bounding
property line of the tract on which such operation or use is located of toxic or
noxious matter which will exceed ten (10) percent of the concentration
(exposure) considered as the threshold limit for an industrial worker as such
standards are set forth by the state department of health in "Threshold Limit
Values Occupational Health" Regulation No. 3.
(6) Vibration. No operation or use in the Planned Development or Industrial
district may at any time create earth-borne vibration which when measured at the
bounding property line of the source operation exceeds the limits of displacement
set forth in the following table in the frequency ranges specified:
Frequency Cycles Displacement
per Second in Inches
0 to 10 .0010
10 to 20 .0008
20 to 30 .0005
30 to 40 .0004
40 and over .0003
(7) Open storage. No open storage of materials or commodities are permitted in
the Planned Development or Industrial district except as an accessory use to a
main use located in a building. No open storage operation may be located in
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front of the main building and no storage use may constitute a junk or salvage
yard use.
Section 3. Severability. The sections, paragraphs, sentences, phrases,
clauses and words of this Ordinance are severable, and if any section,
paragraph, sentence, phrase, clause or word in this Ordinance or application
thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance, and the City Council hereby declares that it
would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 4. Effective date. This Ordinance shall become effective from and
after its adoption and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this the 4th day of October, 1999.
ATTEST: M~ll~mng, M-a y~ r .....
Patti A. Hicks, TRMC, CMC, AAE
City Secretary
APPROVED AS TO FORM:
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