§ 159.48  PERFORMANCE STANDARDS.
   (A)   The following performance standards apply to all uses permitted.
   (B)   Performance standards:
      (1)   Smoke. The requirements of the Texas Air Control Board.
      (2)   Particular matter. The requirements of the Texas Air Control Board.
      (3)   Odor. No operation shall permit odors to be released which are detectable at the property line in Local Retail Districts and which offensively affect the sense of smell.
      (4)   Toxic material. The requirements of the Texas Air Control Board.
      (5)   Glare. All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line.
      (6)   Vibration.
         (a)   Any local retail operation or activity which property 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.
         (b)   In addition, any local retail 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.
 
Frequency (cycles per second)
Displacement Inches I
Displacement Inches II
Below 10
.0008
.0004
10 to 20
.0005
.0002
20 to 30
.0002
.0001
30 to 40
.0002
.0001
40 and over
.0001
.0001
This tabulation is for steady state vibration; this 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 (two times) the displacement stipulated above.
 
      (7)   Noise. At no point either on boundary of the zone or at 125 feet from the property line of the local retail operation, whichever distance is greater, shall the sound pressure level of any operation of the facility (other than background noises produced by sources not under control of these covenants, such as the operation of motor vehicles) exceed the decibel limits in the octave bands designated below.
 
Octave Band Frequency (Cycles per Second)
Maximum Permitted Sound Level in Decibels Along Residence District Boundaries of 125 Feet from Plant or Operation Lot Line
Maximum Permitted Sound Level in Decibels Along Residence District Boundaries or 125 Feet from Plant or Operation Lot Line
0 to 75
67
73
75 to 150
62
68
150 to 300
58
64
300 to 600
54
60
600 to 1200
49
55
1200 to 2400
45
51
2400 to 4800
41
47
Above 4800
37
43
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 fact meter movement of the octave band analyzer. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that the noises shall be capable of being accurately measured with the 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 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.
 
      (8)   Fire hazards. The storage or utilization of solid materials or products ranging from incombustible to moderate burning is permitted in accordance with applicable city codes and ordinances. The storage or utilization of solid materials or products permitted in accordance with applicable city codes and ordinances provided the following condition is met: the materials or products shall be stored or utilized within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage or utilization of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with the table below (exclusive of storage of finished products in original sealed containers) and the city’s fire prevention code as interpreted by the City Fire Marshal.
 
Industries Engaged in Storage and Distribution of Such Maters
Prohibited Above-Ground
100,000 Gallons Underground
Materials having a flash point above 190°F
Prohibited
100,000 gallons
From and including 105°F to and including 190°F
Prohibited
40,000 gallons
Materials having a flash point below 105°F
Prohibited
20,000 gallons
Industries Engaged in Utilization of Such Materials
Prohibited Above-Ground
100,000 Gallons Underground
Materials having a flash point above 190°F
10,000 gallons
50,000 gallons
From and including 105°F to and including 190°F
1,000 gallons
20,000 gallons
Materials having a flash point below 105°F
500 gallons
10,000 gallons
 
      (9)   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 Texas Water Quality Board.
      (10)   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 discharge shall comply with all applicable city ordinances.
(2005 Code, § 12-9-1)
Statutory reference:
   Sanitation and environmental quality, see Tex. Health and Safety Code, Title 5