Hempstead City Zoning Code
ARTICLE 6
Performance Standards
§ 6.01 Purpose.
The purpose of this Article is to set forth regulations that protect the public from the potential negative effects of industrial and intense commercial development. This Article regulates smoke and particulate matter, odors, fire or explosive materials, toxic and noxious matter, vibration, open storage, glare, and fuel supply in the vicinity of such sites. These regulations are aimed specifically at achieving the environmental goals of the City of Hempstead.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.02 Application and Effect.
All permitted land uses shall conform in operation, location, and construction to the performance standards as specified in this Article. In addition, such standards or some portion of them may reasonably be appended to certain other Specific Use Permits as may be determined to require these protective standards.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.03 Noise.
At no point at the boundary property line of any land use shall the sound pressure level of any operation of a facility exceed eighty-five (85) decibels, and one hundred and twenty-five (125) cycles. Measurement of noise shall be made with a sound level meter that has a calibration certificate meeting the standards prescribed by the American National Standards Institute.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.04 Smoke and Particulate Matter.
6.04.01
State Regulations Control:
The emission of particulate matter from all sources in a district subject to this Article shall not exceed the level specified by the Texas Natural Resource Conservation Commission or the regulations specified by the Texas Department of Health.
6.04.02
Fugitive Dust-Particulate Control:
All land use activities shall be conducted so that dust and other particulate matter are not transported across the boundary property line of the tract on which the land use is located.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.05 Odors.
6.05.01
No land use shall be located or operated which involves the emission of odors from a source of operation where the odors exceeds the odor threshold at the bounding property line or any point beyond the tract on which such land is located.
6.05.02
The odor threshold shall be determined by observation. 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 in any case where the operator or owner of an odor-emitting land use disagrees with the enforcing officer.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.06 Combustible or Explosive and Hazardous Material.
No commercial or industrial land use involving the manufacture or storage of petrochemical compounds or products that decompose by detonation shall be permitted in the City of Hempstead. However, chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one (1) gallon or less for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the Zoning Officer and the Hempstead Fire Department. The storage of flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petrochemical products for industrial purposes shall be allowed only after a Specific Use Permit for such land use has been granted in conformance with the terms of this Ordinance.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.07 Toxic and Noxious Matter.
No commercial or industrial land use permitted under the terms of this Ordinance shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such land use is located.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.08 Vibration.
No land use permitted under the terms of this Ordinance shall at any time create earth-borne vibration which when measured at the boundary property line of the source operation exceeds the limits of the displacement set forth in Table 6-A, below:
Table 6-A. 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 |
(Ordinance 00-107 adopted 6/22/2000)
§ 6.09 Glare.
No land use shall be 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.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.10 Stormwater Management.
6.10.01
Detention of Excess Stormwater Runoff:
Each property owner shall provide for the on-site or off-site detention of excess stormwater runoff resulting from development. For the purpose of this Article, “excess stormwater runoff” includes all increases in stormwater resulting from an increase in the impervious surface of the site. This shall include all additions of buildings, roads, parking lots; changes in soil absorption caused by compaction, modifications in contours, including the filling or draining of small depressed areas, alteration of drainage ways, or regrading of slopes; destruction of forest; alteration of drainage ways or installation of collection systems to intercept street flows or to replace swales or other drainage ways; or the alteration of subsurface flows, including any groundwater removal or diversion practices compared with the site in its natural state.
6.10.02
Limitation on Stormwater Runoff:
No land use shall cause downstream property owners, watercourses, channels, or conduits to receive more stormwater runoff than would result from the same storm event occurring over the site of the proposed land use in its natural, undeveloped condition.
(Ordinance 00-107 adopted 6/22/2000)
§ 6.11 Water Pollution.
No emission of water from any land use in Hempstead shall be permitted to violate the laws of the State of Texas or of the United States[.]
(Ordinance 00-107 adopted 6/22/2000)
§ 6.12 Building Construction Material Standards.
6.12.01
All buildings constructed within any zoning district of the City of Hempstead shall comply with the Building Construction Material Standards set forth in this section 6.12.
6.12.02 Acceptable colors Category A exterior wall finishes Category B exterior wall finishes Front of a building or structure Primary Colors Rear of a building or structure Side of a building or structure
Definitions.
As used in these standards, the following words, terms, and phrases shall have the meaning ascribed to them in this section:
shall mean earth-tone colors and shall include, but not be limited to, white, muted sky blue, tan, terra-cotta, olive, sand, forest green, beige, rust[,] sepia, gray, brick red, and buff.
shall be applicable only to commercial buildings and structures and shall mean exterior wall finishes of glass, brick veneer, face brick, clay brick, stucco/Dry-Vit, cement (tinted), textured concrete block (split-face, fluted, etc.), concrete tilt walls or pre-cast concrete panels (with relief), stone, rock, exposed aggregate panels, or other comparable masonry or other materials of equal characteristics.
shall be applicable only to residential buildings and structures and shall mean exterior wall finishes of hardi-plank, brick veneer, face brick, clay brick, stucco, cement (tinted), textured concrete block (split-face, fluted, etc.), concrete tilt walls or pre-cast concrete panels (with relief), stone, rock, exposed aggregate panels.
shall mean that side of each building or structure located on a lot facing a front yard.
shall mean colors that cannot be made by mixing any other colors.
shall mean that side of each building or structure located on a lot facing a rear yard.
shall mean that side of each building or structure located on a lot facing a side yard.
6.12.03
Standards for all districts other than Single-Family Residential (R-1).
6.12.31
Exterior finishes.
All buildings or structures located in all districts, other than District Single-Family Residential (R-1), shall comply with the following minimum standards:
a.
Front walls.
Not less than seventy percent (70%) of any exposed exterior wall forming the front of a building or structure, exclusive of windows, doors, roofs, or sidewalk and walkway covers, shall be constructed to finished grade using Category A exterior wall finishes in acceptable colors.
b.
Side walls.
Not less than percent Sixty (60%) of any exposed exterior wall forming a side of a building or structure, exclusive of windows, doors, roofs, or sidewalks and walkway covers, shall be constructed to finished grade using Category A exterior wall finishes in acceptable colors.
c.
Rear walls.
Not less than Sixty [percent] (60%) of any exposed exterior wall forming the rear of a building or structure, exclusive of windows, doors, roofs, or sidewalks and walkway covers, shall be constructed to finished grade using Category A exterior wall finishes in acceptable colors.
6.12.32
Decorative elements.
Decorative elements on buildings and structures such as canopies, wrought iron doors, and trim shall be selected from acceptable colors. Bright and glossy finishes, primary colors, and fluorescent colors on major exterior building elements are prohibited.
6.12.33
Screening walls.
One hundred percent (100%) of all screening walls, visible from adjacent property or an adjacent street, shall be constructed to finished grade using Category A exterior wall finishes compatible in architecture, design, and color with the main building or structure.
6.12.34
Roof-mounted mechanical or other equipment.
Roof-mounted mechanical or other equipment shall be screened from view so that such equipment is not visible from the ground. This provision shall not apply to satellite earth station antennas or any personal communication electronic facilities protected by the Federal Telecommunications Act of 1996.
6.12.35
Exterior ground-mounted equipment.
Exterior ground-mounted equipment, including, but not limited to, mechanical equipment, utility meter banks, and heating or cooling equipment, shall be sufficiently screened so that no portion of said equipment is visible from an adjacent street. The screening required by this subsection may be accomplished with vegetative landscaping material, or with a solid structure using Category A exterior wall finishes compatible in architecture, design, and color with the building or structure the equipment serves.
6.12.04
Standards for District Single-Family Residential (R-1).
Except as provided below, all buildings or structures located in District Single-Family Residential (R-1) and all single-family residences constructed in any other zoning district shall comply with the following minimum standards:
a.
Exterior finishes.
Not less than 100 percent (100%) of all exposed exterior walls forming a building or structure, exclusive of windows, doors, roofs, or sidewalk and walkway covers, shall be constructed to finished grade using Category B exterior wall finishes in acceptable colors.
b.
Decorative elements.
Decorative elements on buildings and structures such as canopies, wrought iron doors, and trim shall be selected from acceptable colors. Bright and glossy finishes, primary colors, and fluorescent colors on major exterior building elements are prohibited.
6.12.05
Exceptions.
6.12.51
Manufactured housing.
Pursuant to V.T.C.A., Occupations Code section 1201.001 et seq., manufactured housing is exempt from the standards specified in subsection 6.12.04.
6.12.52
Greenhouses.
Commercial greenhouses used exclusively for the cultivation of live plants for wholesale or retail trade, where such use is the main use of the property, are exempt from the regulations specified in subsection 6.12.03. Commercial greenhouses may be constructed of glass or plastic as specified in the current edition of the International Building Code as adopted by the city[;] other buildings or structures located on the property shall comply with the provisions of section 6.12.04.
6.12.53
Accessory structures in District Single-Family Residential (R-1).
An accessory structure to a single-family residential (R-1) dwelling located in District Single-Family residential (R-1) is exempt from the standards specified in subsection 6.12.04, provided the gross floor area of the structure does not exceed 100 square feet, the structure is less than eight feet in height, and the structure is not visible from a public street right-of-way.
6.12.06
Submission of preliminary elevations.
Prior to submission of an application for a building permit, site grading permit, or specific use permit, preliminary elevations of all proposed buildings and structures must be submitted to the zoning officer. Preliminary elevations shall clearly indicate the proposed exterior wall finishes, exterior colors, and architectural style of all buildings and structures, the proposed location of storage areas, loading docks, delivery areas, and commercial refuse containers, if any, and be consistent with the requirements contained in this section. The zoning officer shall keep on file and make available upon request samples of acceptable colors. The applicant will be notified of any required changes. A building permit or site grading permit shall not be issued and an application for a specific use permit shall not be processed, until preliminary plans and elevations of all buildings and structures have been approved by the zoning administrator. All buildings and structures shall be constructed only in accordance with final plans and elevations approved by the zoning administrator.
(Ordinance 16-101 adopted 1/19/2016)