§ 35.12.11. Industrial Performance Standards.
Performance standards for industrial uses in all zoning districts shall be as follows:
A.
Reserved.
Editor's note— Ord. No. 2014-084, § 1, adopted March 18, 2014, repealed subsection A., which pertained to noise. Existing noise provisions, which can be found in Section 17-20 of the Denton Code, may be charged instead, at the discretion of prosecutor, as appropriate to the facts sworn to by the complainant.
Cross reference— Noise, § 17-20 of Denton Code.
State Law reference— Texas Penal Code § 42.01(a)(5).
B.
Smoke and Particulate Matter.
No industrial operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are:
1.
As dark or darker in shade as that designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118.
2.
Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in this Subchapter, except that, when the presence of uncombined water 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 the standards in B.1. and 2. shall not apply.
3.
The emission of particulate matter from all sources from an industrial use shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.
4.
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 industrial use shall be located or operated 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 which when diluted with an equal volume of odor-free air exceeds the odor threshold (two (2) odor units).
2.
The odor threshold as set forth shall be determined by observation by a person. 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 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 or Explosive Hazard Material.
1.
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in the Industrial Districts except that chlorates, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, pharmacists or wholesalers may be permitted if such use is in conformance with all other ordinances of the City and has been approved by the Fire Department.
2.
The storage and use of all flammable liquids and materials such as proxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Fire Department.
E.
Toxic and Noxious Matter.
No industrial operation or use 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 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.
F.
Vibration.
No industrial operation or use shall at any time create earth-borne vibration which when measured at the bounding property line of the source operation exceeds the limits of displacement set forth in the following table in the frequency ranges specified:
Frequent Cycles per Second Displacement in inches IC-E & IC-G District All Other Districts 0 to 10 0.002 0.001 10 to 20 0.0016 0.0008 20 to 30 0.001 0.0005 30 to 40 0.0006 0.0004 40 and over 0.0005 0.0003 G.
Open Storage.
No open storage of materials or commodities shall be permitted with any industrial use except as an accessory use to a main use located in a building. No open storage operation shall be located in front of the main building and no storage use shall constitute a wrecking, junk or salvage yard.
H.
Glare.
No use or operation in the Industrial Districts 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.