Lancaster City Zoning Code
ARTICLE 7
00 ENVIRONMENTAL PERFORMANCE
§ 7.01 Purpose.
The purpose of this Article 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, open storage, glare and fuel supply in the vicinity of such sites.
(Ordinance 2006-04-13, sec. 14.701, adopted 4/24/06)
§ 7.02 Applicability.
The following performance standards shall apply to all zoning districts in the City of Lancaster.
(Ordinance 2006-04-13, sec. 14.702, adopted 4/24/06)
§ 7.03 Outdoor Lighting for Nonresidential Properties.
(a) Candela Floodlight Footcandle Full Cut-Off Light Source Lumen Luminaire Partial Cut-Off Standard TCEQ Temporary Holiday Lighting
Definitions.
means a measurement quantified in unit(s) of luminous intensity in any given direction. It is also commonly referred to as candlepower(s).
means an artificial illumination in broad beam, above fifteen (15) watts with a light source that extends more than (2) inches below the horizontal plane of the laminar [luminaire].
means the amount of illumination provided by one (1) lumen uniformly distributed on one (1) square foot of surface.
means a light source that does not extend below the horizontal plan of the luminaire.
means the device which produces visible energy, such as a bulb.
means the quantity of luminous flux intercepted by a surface of one (1) square foot, all points of which are one (1) foot from a uniform source of one (1) candela. A one-candela source provides 12.57 lumens.
means a complete lighting unit including a light source and all necessary mechanical, electrical, reflective, and decorative parts.
means a light source that extends no more than one (1) inch below the horizontal plan [plane] of luminaire.
means the light pole and base.
means Texas Commission on Environmental Quality.
means the type of lighting typically used during the holiday periods.
(b)
Prohibited Lighting.
It shall be unlawful to display or operate the following:
(1)
An unshielded light source, including bare bulbs, above 15 watts, except for temporary holiday lighting.
(2)
The operation of search lighting is prohibited except it shall be permitted for a period not to exceed fourteen (14) days from grand openings and promotional events with permission of the Building Official.
(c)
Minimum Requirements.
(1)
Glare.
In order to preserve the night sky and to reduce glare on roadways, pedestrian areas and adjacent development, light sources (e.g. light bulbs) shall be oriented down and toward the center of the site or shielded so as to not be visible from the property line. This applies to refractory lenses which extend beyond the lighting fixture and are designed to redirect the lighting source horizontally. This does not apply to neon or internally lit signs, or to decorative lighting with 15 watts or less per bulb.
(2)
Luminaries.
Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and/or so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above fifteen (15) watts or strings of lamps are prohibited, except for temporary lighting not exceeding forty-five (45) days per year and as provided by other ordinances of the city.
(3)
Off-Street Parking Areas.
All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements. No intermittent or flashing lights are permitted.
Intensity:
A.
On the parking area surface, an average of at least two (2) footcandles, initial measurement, and a minimum average of one (1) footcandle on a maintained basis.
B.
Minimum at any point on the parking area surface to be at least six-tenths (0.6) footcandles initial, and at least three-tenths (0.3) footcandles maintained, or one-third (1/3) of the average, whichever is greater.
(4)
Building and Pole Mounted Lighting.
All building and pole mounted luminaries exceeding fifteen (15) watts shall be directed down with either a partial cut-off or full cut-off source. See Exhibits A and B.
(5)
Height.
No light pole, base or combination thereof shall exceed thirty (30) feet.
(6)
Light at Residential Property Line.
The allowable maximum light intensity measured at three (3) feet above grade at the property line of a residentially zoned lot shall be 0.25 of one footcandle.
(d)
Plan May be Required.
A photometric plan describing compliance with the provisions of this ordinance may be required by the Director or Building Official if adjacent to residential areas. If required, it shall be submitted to the Director prior to the issuance of any building permit or certificate of occupancy that proposes additional lighting. This plan shall be prepared by an appropriate lighting designer such as a lighting engineer, architect or other qualified lighting designer. Upon installation of the lighting, the designer shall provide a letter certifying that the lighting is installed in accordance with the approved design and this ordinance. The Director shall have the authority to interpret and determine compliance with this ordinance. The Planning and Zoning Commission may grant exemptions to the provisions of this Article if compliance will result in substantial financial hardship or inequity, so long as said exemption is without harm to the public. Decisions of the Planning and Zoning Commission may be appealed to the City Council.
(e)
Nonconforming Lighting.
Luminaries installed prior to the adoption of this ordinance shall be exempt from the requirements herein.
(f)
Exemptions.
Lighting installed by or for a governmental agency for the public benefit that is used for activities for the public benefit such as right-of-way, ball fields, airports and parks shall be exempt. However, parking lot lighting for these activities shall meet the requirements of the ordinance.
EXHIBIT A  | |
|---|---|
Example of Full Cut-Off Building Mounted Fixture | Example of Full Cut-Off Light Standards |
EXHIBIT B  | |
|---|---|
Example of Partial Cut-Off Building Mounted Fixture | Example of Partial Cut-Off Light Standards |
(Ordinance 2006-04-13, sec. 14.703, adopted 4/24/06)
§ 7.04 Noise.
(a)
Noise, General.
At no point either on the boundary of the zone or at 125 feet from the property line of the plant or operation, whichever distance is greater, shall the sound pressure level of any operation of plant (other than background noises produced by sources not under control of this ordinance, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits in the octave bands designated below.
(b)
Noise Level at Residential Property Lines.
Notwithstanding 4.1 [subsection (a)] above, noise levels measured at residential property lines shall not exceed the following:
(1)
Nighttime Noise Level.
Noise levels shall not exceed 49 dBA at a residential property line between 7 PM and 7 AM, however, construction noise shall be limited to between 6 AM and 9 PM.
(2)
Daytime Noise Level.
Noise levels shall not exceed 56 dBA at a residential property line.
(3)
Octave Band Standards.
Noise in any octave band shall not exceed standards set out in the following chart:
FIGURE 3 NOISE STANDARDS |
At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table: |
Octave Band Range (CPS) | Decibel Band Limit (dB re 0.0002 microbar) |
|---|---|
37 - 75 | 80 |
75 - 150 | 68 |
150 - 300 | 61 |
300 - 600 | 55 |
600 - 1200 | 51 |
1200 - 2400 | 48 |
2400 - 4800 | 45 |
4800 - 9600 | 43 |
"A" scale (for monitoring purposes only) | 56 |
Noise level adjustments: |
Nighttime Noise - 7 PM and & 7 AM - Subtract 7 db |
Impulsive Noise - Subtract 7 db (Meter reading changes at a rate greater than 10 db per second) |
(4)
Higher Ambient Noise Levels.
Where ambient noise levels from traffic or multiple sources already exceed the standards, the subject source may not increase that existing noise level.
(5)
Public Facilities and Activities Excluded.
Public facilities and activities are excluded from this standard. Such activities may include:
(c)
Measurement.
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 fast meter movement of the octave band analyzer. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such 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 (2) 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.
(Ordinance 2006-04-13, sec. 14.704, adopted 4/24/06)
§ 7.05 Smoke and Particulate Matter.
(a)
Standards.
No industrial operation or use shall cause, create, or allow the emission for more than three minutes in any one hour, 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 Texas Commission on Environmental Quality (TCEQ), or subsequent agency; 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 "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 to comply with this Section.
(b)
Combined Standards.
The emission of particulate matter from all sources in a district subject to this Article shall not exceed the level specified by the TCEQ, or subsequent agency.
(c)
Standards Measured at Property Line.
Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne 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 or the tract on which the use is located in concentrations exceeding standards set by the TCEQ.
(Ordinance 2006-04-13, sec. 14.705, adopted 4/24/06)
§ 7.06 Odorous Matter.
(a)
Applicability.
No use shall be operated in any zoning district in such a manner that the emission of odorous matter occurs in such quantity or volume as to produce a nuisance, source of discomfort or hazard beyond the bounding property lines of such use.
(b)
Determination.
The odor threshold as herein referred to shall be determined by observation by a person or persons designated by the City Manager. In any case, where the operator of an odor-emitting use may disagree with the enforcing officer where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing Materials ASTMD 1391-57 entitled Standard Method for Measuring Odors in Atmosphere shall be used.
(Ordinance 2006-04-13, sec. 14.706, adopted 4/24/06)
§ 7.07 Toxic, Caustic And Noxious Matter.
No industrial operation or other use shall emit toxic, caustic or noxious matter in any concentration across the bounding property line of the tract on which operation or use is located. The requirements of the TCEQ shall be met.
(Ordinance 2006-04-13, sec. 14.707, adopted 4/24/06)
§ 7.08 Vibration.
Any industrial operation or activity which 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. In addition, any industrial 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.
FIGURE 4. VIBRATION STANDARDS | ||
|---|---|---|
Frequency (cycles per second) | Displacement I (inches) | Displacement II (inches) |
0 - 10 | 0.0008 | 0.0004 |
10 - 20 | 0.0005 | 0.0002 |
20 - 30 | 0.0002 | 0.0001 |
30 - 40 | 0.0002 | 0.0001 |
40 and over | 0.0001 | 0.0001 |
This tabulation is for steady state vibration; which 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 (2 times) the displacement stipulated above. |
(Ordinance 2006-04-13, sec. 14.708, adopted 4/24/06)
§ 7.09 Fire or Explosive Hazard Material.
(a)
Explosive Material.
No industrial use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted.
(b)
Flammable Material.
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Lancaster, as well as the Water Pollution Control standards and regulations.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted in accordance with applicable City codes and ordinances. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted in accordance with applicable City codes and ordinances provided the following condition is met:
Said materials or products shall be stored, utilized or manufactured within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with Table A.3 (exclusive of storage of finished products in original sealed containers) and the City's fire prevention code as interpreted by the City Fire Marshal.
TABLE [A.3] | ||
|---|---|---|
Industries engaged in storage & distribution of such materials: | Prohibited above ground | 100,000 gals. under ground |
Materials having a flash point above 190° Fahrenheit | Prohibited | 100,000 gals. |
From and including 105 degrees Fahrenheit to and including 190 degrees Fahrenheit | Prohibited | 40,000 gals. |
Materials having a flash point below 105° Fahrenheit | Prohibited | 20,000 gals. |
Industries engaged in utilization and manufacture of such materials: | ||
Materials - flash point >190° | 10,000 | 50,000 gals. |
From and including 105° through and including 190 | 1,000 | 20,000 gals. |
Materials - flash point > 105° | 500 | 10,000 gals. |
(Ordinance 2006-04-13, sec. 14.709, adopted 4/24/06)
§ 7.10 Water and Waste Pollution.
(a)
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 TCEQ.
(b)
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 discharges shall comply with all applicable City Ordinances.
(Ordinance 2006-04-13, sec. 14.710, adopted 4/24/06)