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repealed to the extent of the conflict only.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)