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HomeMy WebLinkAboutOrd 1691 - zoning; noise of mechanical equipment Ordinance No. 1691 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING NOISE OF MECHANICAL EQUIPMENT; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES REGARDING NOISE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission (UZ&PCU) of the City of West University Place, Texas (UCityU) have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last reformatted and readopted by Ordinance No. 1672, adopted March 12, 2001 (UZoning Ordinancen)~ and WHEREAS, the Z&PC has made a final report to the City Council with respect to . such proposal, which report is attached as Appendix A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed amendment should be adopted, as more fully set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The Zoning Ordinance is hereby amended as indicated in the attachment to the report of the Z&PC in Appendix A, which is attached and made a part of this ordinance~ Subchapter B (entitled "NoiseU) of Chapter 15 of the Code of Ordinances is hereby amended as indicated in Appendix B, which is attached and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3~ If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be herd to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ord inance, nor the application of such word \ ph rase J clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4~ The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion; consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. PASSED AND APPROVED on first reading on ~ ~ /3 ,~ (. CounciJmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED on second reading on ~/,L.~ dl 7 I ~ / . Councilmembers Voting Aye: Councilmembers Voting No: Coun ilmembers Absent: ayor ReViewed:Jt~~ City Attorney Recommended:~ ~ City anager c0108:\54osoundandnoise Appendix A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 August 8, 2001 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the Zoning Ordinance and Code of Ordinances regarding noise To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The original proposal was to increase the sound emission level for air conditioning equipment near the edges of building sites, from 7.0 bels to 7.4 bels. The Commission was persuaded that a better way to regulate the sound level is by using actual measured sound. Therefore, the Commission recommends a change in the proposal to achieve this objective. See the attachement to this report for the exact wording. The Commission recommends that the technical details for sound measurement be incorporated into the City's general noise ordinance, which is in Chapter 15 of the Code of Ordinances. Separately, staff is transmitting a proposal to amend that chapter. It would adopt the 70dB(A) noise level for all mechanical equipment, measured at the property line. Proceedings. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing in the Council Chamber of the Municipal Building on July 23, 2001. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal, and several persons took advantage of that opportunity. City staff also provided input and recommendations to the Commission. The Commission has reviewed the Comprehensive Plan. The Commission has considered all of this information, and now recommends the proposal, as amended and attached to this report. Recommendation. Based on the extensive review given this proposal, the Commission: (i) finds that the proposed amendments, if adopted, would be in the public interest and consistent with the Comprehensive Planf (ii) finds that the proposed amendments reasonably address circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the amendments, and (iii) recommends that the City Council adopt them, as amended. The Vote. The followin~ members of the Commission approve this report: 1l1.M1SJ1t f/1WJNA~ (;/1jl~ r/~f{1L voted "aye," V\,oI\.<L voted "nay, "'Cu No-- + 6ovvktA- not present. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS b67\54tomniFlNAL i Amendments regarding A C sound level 8-6-01 Amend Note 6 of Table 7-6 (Projections Schedule) as follows: Note 6. Equipment In Rear or Side Yard. · REAR YARD: Indicated equiplnent rnay project into a rear yard only if: (n) separating the equipment n'om any building site across the rear lot line~ there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equiplncnt occupies any pmt of an eaSClnent under the controJ of the City, the City has issued a separate acquiescence or consent to the occupancy ofthc easenlent; (c) there has been formally granted to the city any uti! i ty easelnent deeJned necessary by the Ci ty's eh ief uti 1 ity ani cial ~ (d) the base of the equiplnent is not higher than 14 inches off the ground~ and (c) if] ocated within live feet 0 f any property I ine, the equiplnent is fully encased in a sound-absorbing cabinet or ) in the C:lSC' of air conditioning equipment1 it has ~ ccrtii1ed sOld-Ad emission fevel of7.() bels or [oH'er. is otherwise designed and operated [0 conlplv with the Citv~s noise regulations~ see Chapter 15 of the Code 0 fOrd inances. · SIDE Y ARD~ Indicated equipment lnay project into an interior or street side yard (but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet~ or ~ in the C:1se of 3ir conditionine; equipnlcnt, if it has a certil1ed-SGHllQ enlissi on I eve I of 7. f} bc.ls-G~.is othenvise designed and operated to com)) l V \vith the City's no ise regulations: see ell aptcr 15 of the Code of Ord inances. · NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement cgLtlplnent. Amend Chapter 15 of the Code of Ordinances to require all AC and other mechanical equipment to produce no more than 70dBA at the property line. cO 1 08/oACnoiseR Appendix B Subchapter B. Noise Sec. 15.031. Unreasonable noise prohibited. Causil1g llnreasonable loud, disturbing and. unnecessary noise ill tile City is l1ereby prohibited and sllall COl1stitllte all offel1se. Noises of sllell cllaracter, illtensity aIld. dllratiol1 as are reasollably calclllated to be detrimel1tal to tIle life or l1ealtll of any ordillary reasol1able perSOll are l1ereby prohibited~ Tllis subchapter applies to 110ise heard witllill the City, regardless of tIle IJoillt of origin. Sec. 15.032. Enumeration of specific noises. The following 11oises, amol1g otllers, are declared to be IOlld, disttu.bil1g al1d. lllUlecessary . noises in violation oftll.is subchapter (this enllmeration is l1eitller exllaustive 110r exclusive of other noises): (1) The .noise of any horn or signal device on any autolllobile, 111otorcycle~ bllS or other vehicle while not in motion, except as a danger sigl1al if allotller vellicle is approaching apparently out of control; tIle same 110ise l11ade wllile in lTIotiol1, except as a danger signal after, or as, bral<es are .beillg applied and deceleratioll of tIle vehicle is illtellded; lilY umeasollably lOll.d or hars11 sOlmd created by means of allY suell sigl1al device; atld. tile SOUlld of SUCll device made for 811Y Ulmecessary llild llm"easonable period oftilne. (2) The SOUlld of: (i) lilY velliclllar or portable radio, pllol1ograpll, disc player, tape player or any Inusical instrument made in SU.Cl1 mam1er, or ,(~'l/it11 s~~ch \TOl~l1ne, pa1iic~llarly durinG that is .plaillly alldible outdoors [roIn 8 distance of 100 feet or more (or 50 feet or more dw~il1g residel1tial q.uiet 110urS), thts hOllrs fraIn 11 :00 P1\1 to 7:00 ,,^...M, as to create a 110ise reasonabl)' calCl113.ted to disturb ~ perSOl1 of ordil1ary dispositioll ~lllder tIle same or simil~ circumst3l1ces residing ill :l d..\~/ellill;, or otller t)Tpe of residence in the 'vicinity, or (ii) aI1Y stationar~y IOlldspealcer or llil1plifier operated outdoors durillg residential quiet 110llfS tllat is .plainly alldible from a dist811Ce of 50 feet or more~ on ~)r '\l1eek da)r bet\Veel1 t11e 1101".lrS of 11 :00 Pf\1 aIld 7:00 ~^.tLM or 011 an)r Sunda)r bet'v,reen the :hOllfS of 7:00 ./\J\1 and 1 :00 PTh.1 (and it shall additionally be ~1l11a~,,-'rfLll to operate any s~lc11 station3.f)T IOlldspe3ker or amplifier outdoors d~lring su,c1111ol1rs). "Plainlv audible" means any SOUlld tllat can be detected by a person USillg l1is or l1er llnaided hearing faculties~ Example: If tIle SOl111d source Ullder investigation is a portable or persol1al velliclllar sOllnd 8lTIplificatioll or reproductiol1 device~ the enforcelnent officer l1eed 110t deterlnille tIle title of a song., specific words, or the artist perfofluil1g tile song. TIle d.etectiol1 of the rhytlunic base component of tIle lTIllSic is Sllfficiellt to COllstitllte a plainly alldible S0U11d. (3) TIle sound of llilY automobile, lTIotorcycle or otller ve11icle so out of repair., so loaded or operated in suell manner tllat it creates loud or 111111eCessary noises such as spinning or sqllealillg tires, grati11g, grilldillg, rattIillg or otller noise. (4) The sOllnd of 811Y luechanical equiplnel1t illstalled at a fixed. locatiol1 (Examples: fans, COlnpressors, condellsers, plllllpS, etc.), if: (i) wllell the equipmel1t is operating, noise from tIle eqllipmel1t is discerl1able at a POillt outside tIle bOllndaries of tIle site wllere it is illstalled'l alld 110ise at t11at point is measured at a level of 70dB(A) or l1igher, al1d (ii) illli11ediately before or after operatiO!l of tIle eqlliplnent, noise at the same POil1t is measured at a level of 65dB(A) or lower. All SOUlld levellneasllrenlellts shall be Inade as provided in this subllapter4 a steam "1"vl1istle attaclled. to 311)' stationary boiler, unless made to ;ive notice of tIle tilne to begil1 or stop "11~lork or as :1 \yarnin; of danger. (5) TIle sOlmd of a discharge into the open air of tIle exllallst of allY st@.afB engine, stationary internal combustion lTIotor or el1gille , luotor 'vellicle or boat ellgine, except througll a llluffler or otller device which will effectively prevent lOlld or explosive noises therefroll1. (6) The sound of allY mechanical device operated .by con1pressed air, except pneulnatic drills, unless the noise tllereby created is effectively 11111ffled al1d redllced. (7) Loud and excessive 110ise reslllting froln tIle erection (illCludiJlg excavation), demolitioll, alteratioIl or repair of allY strllcture clllril1g residential quiet 110urs d.esigll:lted b)' Cit)r COUI1Cil, luitess tIle 110 ise is made ill case of uTgent 11ecessity in the illtere.st of Pllblic safety, a11d tIlel1 DIlly with a permit from the Building Official, whicll permit l11ay DIlly .be renewed for a period of three days or fewer wllile tIle emergellcy contillues. (8) Any excessive noise made on IDlY street adjacel1t to allY sellool, illStitutiol1 of learning or court wllile tIle same is in sessiol1, or adjacel1t to allY llospital at any tilue, which 110ise UIlIeaSOllably illterferes with. the vvorl<illg of any such institution, provided conspicuollS SigllS are displayed ill SllC11 street indicatillg tllat tIle same is a school, 110spital or COlut street. (9) AllY loud and excessive noise resulting from tIle loadillg or l11110adillg of lilY vehicle or contailler, or tIle openillg or destrllctiol1 of bales, boxes, crates or containers. (10) The sound of any bell, gong, Wllistle~ sirell~ or otller alarlll or sig11allillg device installed at a fixed location or gonG attacl1ed to any bllildil1g or premises which is reasonably calculated to disturb a perSOll of ordillary disposition if such persoll were in tIle vicinity tllereof~ Exceptions: Tllis does not ap.ply to: (i) an emergency alarlTI operated by tile fire departlllellt or other goverrunental agency, or (ii) all alarlll systelll .perluitted alld operated in com.pliance witll ap.plicable regu.latiollS, includil1g alltoll1atic shutoff rules; see, e.~. Cllapter 8 . (11) T11€ Sllouting and crying Shouts or cries of ped.dIers, 11a-\vkers al1d or vendors Wllicll disturbs tIle quiet aIld. peace of tIle l1eigliborllood. (12) TIle sound of aJIY d.rum, loudspea1cer or other instrlunent or d.evice used to attract attelltion to any performance, S110W or sale of nlercllanclise. (13) TIle sound made by loudspealcers or amplifiers 011 trllC!<S or ot]ler ve11icles. (14) The sound made by leafblowers, lawmnowers and otller laW11 mail1tenal1ce equipment, if: (i) the equipment is powered .by illterl1al cOlubllstioll, alld (ii) the equiplnent is operated within 200 feet of an. Occllpied residel1tial building dllring residential quiet hours desigl1ated b)' tIle City CO~1l1cil. Sec. 15.033. Affirmative defenses. (a) Request to cease~ It sllall be an affirluative defense ill any proseclltioll Ul1der tllis subc11apter that a request to cease causing the 110ise in question was givell11eitller to tIle persoll charged nor to any officer, agent, elnployee or represelltative of the perSOll charged~ All peace officers aIld other City enforcement persolUlel are hereby authorized to request tllat IJerSOllS cease causing noises that are apparel1tly in violation oftllis sllbchapter. Notllil1g l1ereilllimits tIle rigllt of otllers to malce stIch requests~ (b) Urgent public projects. It sllall be an affirluative defellse, ill any prosecutiol1 ullder tIns su.bcllapter, that tile offendil1g noise was: (i) necessary for a pu.blic project for wllic11 t11e . Pliblic W orI(s Director l1as certified, ill writil1g, tllat expedited cOlupletioll is llrgelltly l1eeded and ill the Pllblic interest, and (ii) luade after 7:00 AM and before 9;00 PM. (c) Measured noise levels~ It sIlall be an affirmative defense, ill allY proseclltiolll111der this subcllapter, that a measlrred noise level was actllally prodllced by some .person or tl1ill,g otller tllan tllat alleged to l1ave caused the noise. Cd) Ref!istered outdoor events~ It sI1a11.be illl affirmative defel1se, ill an proseclltiolll111der tllis subcl1apter, tllat the offending noise resulted from an outdoor concert or similar event tl1at: (i) was registered at least 48 llours in advance with tIle Chief of Police 'I (ii) did 110t last 1110re tllall fOllf 11ol1rs, of which no more than two ll011fS were dllring residel1tial qlliet 110iIIS, an.d (iii) was otherwise conducted to avoid unnecessary distllrbance of persons witllillllearby dwellil1gS. (e) Speech or expression~ The affirmative defellses for speecll or expressiol1 ellUlllerated in Section 42~04 ortlle Texas Penal Code (prior order to move, disperse or reIned.y) sIlall also be available in any prosecutions for violatiol1S Oft11is Sllbcllapter~ Sec. 15.034. Injunction as additional remedy. As an additional remedy, tIle noise made by any activity, device, instrlllnel1t, ve11:icle or Inachil1ery in violatioll of any provision hereof and Wllich callses discOlufort or alll10yallce to reasonable persons Ofl1011l1al sensitivity, or whicll elldangers tIle cOlnfort, repose, I1ealth or peace of residents in tIle area, shall be deelned, alld is declared to be, a pllblic 11l1isaI1Ce aIld Inay be sllbject to abatelnent by a restrainil1g order or injunction issued by a court of COll1.petel1t j urisdi cti Oll. Sec. 15.035. Sound level measurements. Sound level measurements under this subcIlapter shall be made ill accordllilce witll tll~ following criteria: (1) Measurements lllllst be Inade with a Type 1 or Type 2 calibrated SOl1l1d level meter using the A-weighting scale and tIle slow ll1eter response as specified .by tile American National Statldards Institute (A.N .8.1. S 1.4-1984/85A). (2) Noise levels s11all be nleasured in decibels and A-weig.hted. TIle l1l1it of IneaSllremel1t sIlall be designated a "dB(A)." (3) Meters shall bemailltainedincalibrationandgoodworl(illgord.er~ ( 4) Calibrations sllall be employed Wlliclllueet A.N. S .I~ S 1 ~40-19 84 .prior to al1d. (5) inunediately after every sampling of sound.. Measurements recorded s11aIl be taken so as to provide a proper represelltatioll of the SOUlld beillg lueasured. The Inicropllo11e of tIle meter shall be positioned so as 110t to create any ll1111atural enhancement or d.ilninlltiol1 of tile measured. sound. A windscreell for the microphone shall be used. (6)