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Madisonville City Zoning Code

ARTICLE XXXVII

PERFORMANCE STANDARDS

Sec. 46-1086. Conformance and applicability with chapter standards.

Specifically, all uses shall operate in conformance with the standards set forth in each section of this chapter. In all areas of concern contained in this chapter that are governed by federal, state or local laws, the most current laws, regulations, standards and guidelines shall apply, and in the event of duplicity, the most restrictive shall apply.
(Code 2014, § 46-1086; Ord. No. 629, § 01.37.001, 12-1-2006)

Sec. 46-1087. Noise.

   (a)   Measurement of noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic and transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. Times when the level of the primary noise being measured does not exceed that of the background noise in all octave bands shall be considered as off times of the primary noise.
   (b)   At no point at the bounding property line of any use in the GI or HI district shall the sound pressure level of any operation or plant exceed the following decibel limits:
      (1)   Weekdays from 7:00 a.m. to 7:00 p.m.: 75 decibels (db).
      (2)   Weekdays from 7:00 p.m. to 7:00 a.m. and through the weekend: 65 decibels (db).
      (3)   Noise contains strong pure-tone components or is impulsive (meter reading changes at a rate greater than ten decibels per second): subtract seven db.
      (4)   Noise is present at night-time: subtract seven db.
(Code 2014, § 46-1087; Ord. No. 629, § 01.37.002, 12-1-2006)

Sec. 46-1088. Odorous matter.

   (a)   Any use established or operated in the GI and/or HI districts shall comply with the performance standards herein specified for the emission of odorous matter.
   (b)   Emission of any odors discernible even without the aid of instruments shall be prohibited beyond the boundaries of any development within this district.
   (c)   Determination of odor threshold. The odor threshold shall not be exceeded at the boundary line of the district. 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 American Society for Testing Materials ASTMD 1457-57 entitled Standard Method for Measuring Odors in Atmosphere shall be used.
   (d)   Emission of odorous matter regulated. No use shall be operated in any zoning district of the city 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.
(Code 2014, § 46-1088; Ord. No. 629, § 01.37.003, 12-1-2006)

Sec. 46-1089. Toxic and noxious matter.

   (a)   No operation or use permitted in any district shall emit a concentration across the bounding property line of such operation or use of toxic or noxious matter which will exceed ten percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are established and/or amended by the state department of health, or as they may be amended in Threshold Limit Values, Occupational Health Regulation No. 3, or by the minimum standards of all applicable federal, state, and local laws, regulations, standards, and guidelines.
   (b)   The storage, use and transportation of hazardous chemicals, poisonous gases, acids or radioactive material in any district shall be subject to approval of the fire department of the city and in accordance with all applicable federal, state, and local laws, regulations, standards, and guidelines.
(Code 2014, § 46-1089; Ord. No. 629, § 01.37.004, 12-1-2006)

Sec. 46-1090. Smoke, particulate matter and other air contaminants.

   (a)   All uses within all districts shall operate in compliance with the most current regulations of the state planning and zoning commission on environmental quality (TCEQ) pertaining to the control of air pollution and any other applicable regulatory governmental agency.
   (b)   Dust and air contaminants from open storage. Open storage and open processing operations, including on-site transportation movements which are the source of windborne 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 sandblasting shall be so conducted that dust and other particulate air contaminants so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air. All other visible emissions of air contaminants shall conform to the most current regulations of the Texas Commission on Environmental Quality (TCEQ) and any other applicable regulatory governmental agency.
   (c)   All operations which involve the emission of particulate matter or other air contaminants shall register with the fire department before obtaining a certificate of occupancy.
   (d)   These regulations apply, as herein provided, to:
      (1)   Visible emissions from all operations;
      (2)   Particulate matter from all operations;
      (3)   Hydrocarbons and carbonyl, including, but not limited to, that from incineration or salvage operations;
      (4)   Sulfur dioxide from all operations. No operation shall cause, create or allow any emission of sulfur compounds calculated as sulfur dioxide from any emission point in excess of 2,000 ppm (volume);
      (5)   Fumes and gases from all operations; and
      (6)   Air contaminants which can cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such person or to the public, or which cause or have a natural tendency to cause injury or damage to business or property.
(Code 2014, § 46-1090; Ord. No. 629, § 01.37.005, 12-1-2006)

Sec. 46-1091. Fire and explosive or hazardous matter.

All uses and operations involving the use, storage or handling of explosive or flammable and hazardous matter shall be in compliance with the adopted fire protection code as it exists or as it may hereafter be amended and shall be subject to approval by the fire department and nothing herein specified shall mitigate, interfere with or alter any provision of the fire protection code as it may apply to the use, storage or handling of explosives or flammable and/or hazardous material.
(Code 2014, § 46-1091; Ord. No. 629, § 01.37.006, 12-1-2006)

Sec. 46-1092. Allowable displacement earthborn vibrations.

No operation or use in any district shall at any time create earthborn vibration which, when measured at the bounding property line of the source of operation, exceeds the limits of displacement set forth in the following table in the frequency ranges specified:
 
Frequency Cycles per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
 
(Code 2014, § 46-1092; Ord. No. 629, § 01.37.007, 12-1-2006)

Sec. 46-1093. Electromagnetic interference.

No use or operation shall be conducted which adversely affects the performance of electromagnetic devices or receivers of electronic signals, including televisions and radios, outside of the boundaries of the property on which the operation occurs.
(Code 2014, § 46-1093; Ord. No. 629, § 01.37.008, 12-1-2006)

Sec. 46-1094. Heat and glare.

No light or general industrial use may cause heat at the lot line so intense as to be a public nuisance or hazard.
(Code 2014, § 46-1094; Ord. No. 629, § 01.37.009, 12-1-2006)