Odessa City Zoning Code
ARTICLE 14
4 PERFORMANCE STANDARDS
§ 14-4-1 Performance standards.
All uses in the “LI” or “PD-I” industrial districts or in any district except the “HI” district shall conform in operation, location and construction to the performance standards herein specified for noise, odorous matter, toxic, noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-4-2 Performance standards “LI” and “PD-I” industrial districts.
(a)
Noise.
At no point at the bounding property line of any use in the “LI” or “PD-I” 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:
(1)
Maximum permissible daytime* octave band - decibel limits at the bounding property line** in an “LI” or “PD-I” (industrial or planned development industrial district) or any district except the “HI” district. Sound levels may be measured in frequency bands as shown by table A or table B following:
Table A. Preferred Frequencies | |
|---|---|
Center Frequency Cycles per Second | Maximum Permitted Soundpressure Level Decibels |
31.5 | 76 |
63.0 | 74 |
125.0 | 68 |
250.0 | 63 |
500.0 | 57 |
1,000.0 | 52 |
2,000.0 | 45 |
4,000.0 | 38 |
8,000.0 | 32 |
Table B. Octave Band Frequencies | |
|---|---|
Center Frequency Cycles per Second | Maximum Permitted Sound Pressure Level Decibels |
20-75 | 75 |
75-150 | 70 |
150-300 | 64 |
300-600 | 59 |
600-1,200 | 53 |
1,200-2,400 | 47 |
2,400-4,800 | 40 |
4,800-10KC | 34 |
* | Daytime shall refer to the hours between sunrise and sunset on any given day. |
** | Bounding property line for noise enforcement 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 parcels of property shall be interpreted as the bounding property line. |
(2)
The following corrections shall be made to the table of preferred frequencies (A) or octave band - decibel limits (B) in determining compliance with the noise level standards in any district:
Type of Operation or Character of Noise | Correction in Decibels |
|---|---|
Noise source operates less than 20% of any one hour period | Plus 5* |
Noise source operates less than 5% of any one hour period | Plus 10* |
Noise source operates less than 1% of any one hour period | Plus 15* |
Noise of impulsive character (hammering, etc.) | Minus 5 |
Noise of periodic character (hum, screech, etc.) | Minus 5 |
* Apply one correction only. |
(3)
For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. The flat network and fast meter response of the sound level meter shall be used. Sounds of short duration which cannot be accurately measured with the sound level meter shall be measured with the impact analyze.
Octave band analyzer calibrated in the preferred frequencies (American Standards Association Sl-6-1960, preferred frequencies for acoustical measurement) shall be used with table A. Oc-Z-24-1953, octave filter set) shall be used with table B.
(4)
Exemptions - The following uses and activities shall be exempt from the noise level regulations herein specified.
(A)
Noises not directly under control of the property user.
(B)
Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 7:00 p.m. (Daylight hours.)
(C)
Noises of safety signals, warning devices and emergency pressure relief valves.
(D)
Transient noise of moving sources such as automobiles, trucks and airplanes.
(b)
Smoke and particulate matter.
No operation or use in an “LI” or “PD-I” industrial district or any district except the “HI” district 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 property are:
(1)
In excess of the levels specified for industrial or similar uses by the Texas Air Control Board Regulations for the control of air pollution in the Odessa area as currently published or as later amended.
(2)
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 involves 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 so 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.
(c)
Odorous matter.
(1)
No use shall be located or operated in an “LI” or “PD-I” industrial district or in any district except the “HI” district which involves the 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.
(2)
The odor threshold as herein set forth shall be determined by observation by a person or persons. 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 as specified by American Society for Testing Materials, A.S.T.M.D. 1391-57, entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.
(d)
Fire and explosive hazard material.
(1)
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an “LI” or “PD-I” industrial district or any other district except the “HI” district except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire department of the City of Odessa as not presenting a fire or explosion hazard.
(2)
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 ordinances of the City of Odessa pertaining to fire prevention.
(e)
Toxic and noxious matter.
No operation or use permitted in an “LI” or “PD-I” industrial district or in any district except the “HI” district shall 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 Texas State Department of Health in threshold limit values occupational health regulation no. 3, a copy of which is hereby incorporated by reference and is on file in the office of the building official of the City of Odessa.
(f)
Vibration.
No operation or use in an “LI” or “PD-I” industrial district or in any district shall at any time create earth borne vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.
Frequency Cycles per Second | Displacement in Inches |
|---|---|
.0010 | 0 to 10 |
.0008 | 10 to 20 |
.0005 | 20 to 30 |
.0004 | 30 to 40 |
.0003 | 40 and over |
(g)
Glare.
No use or operation in the “LI” or “PD-I” industrial district or in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding 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.
(h)
Open storage.
No open storage of materials or commodities shall be permitted in the “LI” district except as an accessory use to a main use. No open storage operation shall be located in front of the main building and no storage use in the “LI” or “PD-I” industrial district shall constitute a wrecking, junk, or salvage yard except when approved by a specific use permit as herein provided.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-4-3 Performance standards “HI” district.
(a)
Noise.
At no point at the bounding property line of any use in the “HI” district 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:
(1)
Maximum permissible daytime* octave band - decibel limits at the bounding property line** in an “HI” (industrial) district. Sound levels may be measured in frequency bands as shown by table A or table B following:
Table A. Preferred Frequencies | |
|---|---|
Center Frequency Cycles per Second | Maximum Permitted Sound Pressure Level Decibels |
31.5 | 78 |
63.0 | 76 |
125.0 | 72 |
250.0 | 66 |
500.0 | 60 |
1,000.0 | 55 |
2,000.0 | 50 |
4,000.0 | 44 |
8,000.0 | 38 |
Table B. Octave Band Frequencies | |
|---|---|
Center Frequency Cycles per Second | Maximum Permitted Sound Pressure Level Decibels |
20-75 | 80 |
75-150 | 74 |
150-300 | 70 |
300-600 | 65 |
600-1,200 | 60 |
1,200-2,400 | 57 |
2,400-4,800 | 54 |
4,800-10KC | 50 |
* | Daytime shall refer to the hours between sunrise and sunset on any given day. |
** | Bounding property line for noise enforcement 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 parcels of property shall be interpreted as the bounding property line. |
(2)
The following corrections shall be made to the table of preferred frequencies (A) or octave band - decibel limits (B) in determining compliance with the noise level standards in any district:
Type of Operation or Character of Noise | Correction in Decibels |
|---|---|
Noise source operates less than 20% of any one hour period | Plus 5* |
Noise source operates less than 5% of any one hour period | Plus 10* |
Noise source operates less than 1% of any one hour period | Plus 15* |
Noise of impulsive character (hammering, etc.) | Minus 5 |
Noise of periodic character (hum, screech, etc.) | Minus 5 |
* Apply one correction only. |
(3)
For the purpose of measuring the intensity and frequency of sound, the south level meter, the octave band analyzer and the impact noise analyzer shall be employed. The flat network and fast meter response of the sound level meter shall be used. Sounds of short duration which cannot be accurately measured with the sound level meter shall be measured with the impact analyzer.
Octave band analyzer calibrated in the preferred frequencies (American Standards Association Sl-6-1960, preferred frequencies for Acoustical Measurement) shall be used with table A. Octave Bank Analyzers calibrated with pre-1960 octave bands (American Standards Association Z-24-1953, Octave Filter Set) shall be used with table B.
(4)
Exemptions - The following uses and activities shall be exempt from the noise level regulations herein specified.
(A)
Noises not directly under control of the property user.
(B)
Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 7:00 p.m. (Daylight hours.)
(C)
Noises of safety signals, warning devices and emergency pressure relief valves.
(D)
Transient noise of moving sources such as automobiles, trucks and airplanes.
(b)
Smoke and particulate matter.
No operation or use in an “HI” industrial district or any district 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 property are:
(1)
In excess of the levels specified for industrial or similar uses by The Texas Air Control Board Regulations for the control of air pollution in the Odessa area as currently published or later amended.
(2)
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 involves 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 so 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.
(c)
Odorous matter.
(1)
No use shall be located or operated in an “HI” industrial district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point beyond the tract on which such use or operation is located which when diluted with an equal volume of odor free air exceeds the odor threshold (2 odor units).
(2)
The odor threshold as herein set forth shall be determined by observation by a person or persons. 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 as specified by American Society for Testing Materials, A.S.T.M.D. 1391-57 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.
(d)
Fire and explosive hazard material.
(1)
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an “HI” industrial district except when the methods of storage or manufacture are approved by the fire department of the City of Odessa as not presenting a fire or explosive hazard to adjacent property.
(2)
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 ordinances of the City of Odessa pertaining to fire prevention.
(e)
Toxic and noxious matter.
No operation or use permitted in an “HI” industrial district or in any district shall 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 Texas State Department of Health in threshold limit values occupational health regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the building official of the City of Odessa.
(f)
Vibration.
No operation or use in an “HI” industrial district or any district shall at any time create earth born vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.
Frequency Cycles per Second | Displacement in Inches |
|---|---|
0 to 10 | .0020 |
10 to 20 | .0016 |
20 to 30 | .0010 |
30 to 40 | .0006 |
40 and Over | .0005 |
(g)
Glare.
No use or operation in the “HI” industrial district or in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding 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.
(h)
Open storage.
Open storage of material and commodities is permitted in the “HI” industrial district except that no such operation shall extend into the public right-of-way of any street or alley.
(Ordinance 2019-13 adopted 4/9/19)