§ 39. Performance standards.

39.1

Performance standards—General.

A.

Compliance required. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazards; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other substance, condition, or element in such a manner or in such an amount as to adversely affect the surrounding area or adjoining the premise. Any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of determination of their existence.

B.

Standards.

1.

Smoke: The requirements of the TCEQ.

2.

Particulate matter: The requirements of the TCEQ.

3.

Odor: No establishment or operation shall permit odors which are detectable at the property line in commercial and light industrial districts and which offensively affect the sense of smell.

4.

Toxic material: The emission of toxic and noxious materials shall not produce concentrations exceeding ten percent of threshold limit values for toxic materials in industry as set forth in "threshold limit values" for the current year as adopted as the annual meeting of the American Conference of Governmental Industrial Hygienists, at a zone boundary line.

5.

Glare. No direct or sky-reflected glare, whether from artificial light or from high-temperature processes such as combustion or welding or otherwise shall be allowed to cross a zoning district boundary line, and should be prevented by shielding or other methods or means.

6.

Vibration. No continuous earth borne vibration shall be permitted which is discernible without instruments at the points of measurement along the nearest adjacent property line.

7.

Noise. Any unreasonably loud, disturbing, unnecessary noise in excess of 85 decibels at a distance of 50 feet from the property line which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is prohibited.

Any noise of such character, intensity and continued duration in excess of 85 decibels at a distance of 50 feet from the property line which substantially interferes with the comfortable enjoyment of a dwelling, hotel or other type of residence by persons of ordinary sensibilities is prohibited.

8.

Fire hazards. The storage, utilization, or manufacture of solid materials or products ranging from incombustible or 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 conditions are 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 39-1 (exclusive of storage or finished products in original sealed containers) and the city's fire prevention code as interpreted by the City of Terrell Fire Marshal.

9.

Water pollution. No operation or activity shall discharge or cause to be discharged, liquid or solid waste into public water unless in conformance with the rules and regulations of state agencies having jurisdiction of such discharge.

10.

Liquid or solid waste. No discharge at any point shall 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 in such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply interfere with bacterial process in sewage treatment or otherwise cause the emission of dangerous or offensive elements. All discharges shall comply with all applicable city ordinances.

TABLE 39-1
	Above Ground	100,000 Gallons Under Ground
Industries engaged in storage and distribution of such materials
Materials having a flash point gallons above 190 degrees Fahrenheit	Prohibited	100,000
From and including 105 degrees gallons Fahrenheit and including 190 degrees Fahrenheit	Prohibited	40,000
Materials having a flash point gallons below 105 degrees Fahrenheit	Prohibited	20,000
Industries engaged in utilization and manufacture of such materials
Materials having a flash point gallons above 190 degrees Fahrenheit	10,000 gallons	50,000
From and including 105 degrees gallons Fahrenheit to and including 190 degrees Fahrenheit	1,000 gallons	20,000
Materials having a flash point below 105 degrees Fahrenheit	500 gallons	10,000