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HomeMy WebLinkAbout09122024 ZPC Agenda Item 3 L West University Place Lighting Ordinance SA F E bu it. PART II -CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE IX. OUTDOOR LIGHTING REGULATIONS ARTICLE IX. OUTDOOR LIGHTING REGULATIONS Sec. 54-215. Purpose. The purpose of this article is to provide regulations for outdoor lighting that will minimize adverse offsite impacts of outdoor lighting such as light glare. (Ord. No.2097, §1(App.A), 7-27-2020) Sec. 54-216. Definitions. The following words,terms, and phrases,when used in this article,shall have the following meanings: Glare means the sensation produced by luminances within the visual field,that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance,discomfort,or loss in visual performance or visibility. Outdoor lighting means lighting equipment installed within the property line and outside the building envelope,whether attached to poles, building structures,the earth,or any other location,and any associated lighting control equipment. (Ord. No. 2097, §1(App.A), 7-27-2020) Sec. 54-217. Violation declared. (a) It shall be unlawful for any person to cause or permit to be energized,on property owned or under his or her possession or control,any outdoor lighting which projects a glare directly upon any lot,tract,parcel of land, or other private property other than that property upon which such outdoor lighting is situated. (b) The use of laser source light,searchlights,flashing and/or rotating lights or any similar high intensity light for outdoor advertising or entertainment,when projected above the horizontal, is prohibited, unless as authorized by this article. (Ord. No. 2097, §1(App.A), 7-27-2020) Sec. 54-218. Enforcement. Upon receipt of a complaint from any citizen, or upon the initiative of any employee of the City of West University Place,Texas, a compliance inspection shall be conducted by the city building official,code enforcement officers,peace officer,or other representatives designated by the city manager. (Ord. No. 2097, § 1(App.A),7-27-2020) West University Place,Texas,Code of Ordinances Created: 2024-07-14 13:49:39 [EST] (Supp.No.45) Page 1 of 2 Sec. 54-219. Exceptions. (a) The provisions of this article shall not apply to: (1) Lighting operated for emergency lighting used by police,fire emergency, utility work personnel, or medical personnel,or at their direction. (2) Any city-owned and operated lighting. (3) Seasonal decorations using typical, unshielded, low-wattage, incandescent lamps or light-emitting diodes(LED)or holiday light projectors shall be permitted from November 10 through January 30. (4) Lighting that illuminates the United States and State of Texas flags.All other outdoor lighted flags,such as, but not limited to,decorative and commercial flags shall conform to these provisions. (b) Residential security lighting, such as motion activated flood lights are permissible under the following condition: Lighting must be installed or shielded in a way that does not cause light glare onto other properties, in accordance with section 54-217. (Ord. No. 2097, §1(App.A),7-27-2020) Sec. 54-220. Penalty. Any person violating any provision of this article may be charged with a misdemeanor and if convicted, may be subject to a fine of not more than$500.00. Each occurrence of any such violation of this article shall constitute a separate offense. Each day on which any such violation of this article occurs shall constitute a separate offense. (Ord. No. 2097, § 1(App.A), 7-27-2020) Created: 2024-07-14 13:49:39 [EST] (Supp.No.45) Page 2 of 2 ly TX BBG CONSULTING, INC. A SAFEbu tt COMPANY RE: Exterior Lighting Survey John McGowan, I am pleased to inform you that the West University Place exterior lighting survey has been successfully completed. Attached to this document, you will find the collected survey data and accompanying photos for each phase.The key findings from the survey were as follows: Executive Summary: • No significant issues with residential exterior lighting were identified. • The most common residential lighting issue observed was security light glare and overspill. • Halloween lighting and decorations do not pose any significant lighting concerns. • Halloween currently falls outside the designated seasonal decoration period. • Christmas lighting and decorations do not pose any significant lighting concerns. • Further investigation on commercial lighting within the city may be appropriate. Phase 1 (Conducted on 9/27/23): During Phase 1, we identified that the most prevalent issue related to exterior lighting was minor glare and overspill generated by security lighting systems. However, it should be noted that an exception is made within the code for residential security lighting,provided they are installed or shielded in a way that does not cast significant light or glare onto other properties. Colored, moving, and strobing lighting were not observed by the survey team.The majority of the issues observed can be rectified by either adjusting the angle of depression for the lighting fixtures, replacing the bulbs with lower-intensity options, or the installation of Dark Skys compliant lighting fixtures. While we did not find significant lighting violations in residential areas, our surveying team did observe some issues with light overspill in the commercial areas within the city. While commercial lighting was outside the scope of this survey, we recommend that the city consider additional measures to allow for further investigation into the commercial lighting areas. Phase 1 of this survey served as a control, enabling our team to compare and contrast non-seasonal lighting with seasonal (Halloween and Christmas) lighting. 1/41 Phase 2(Conducted on 10/27/23): Phase 2 of the survey found that Halloween lighting and decorations do not create any significant exterior lighting concerns. However,it should be noted that the Code of Ordinances currently authorizes"seasonal decorations using typical, unshielded, low-wattage, incandescent lamps or light-emitting diodes (LED) or holiday light projectors" through the period of November 10th through January 30th and does not currently account for Halloween lighting and decorations, which usually begin to appear in early October. Phase 3 (Conducted on 01/03/24): Phase 3 of the survey was completed in early January. Similarly to the decorations and lighting that was observed during Phase 2, Christmas decorations were not found to cause any significant lighting concerns that would need to be addressed by the addition of new lighting regulations. Phase 4(Conducted on 1/30/24): A final survey was completed in late January to verify that seasonal lighting and decorations had been removed by the end of the established period stipulated in the Code of Ordinances. The survey team confirmed that the vast majority of decorations and seasonal lighting had been removed by the 30th, and the existing period was working as intended by the Code. Recommendations: In summary, the results from the Exterior Lighting Survey indicate that there is no significant exterior lighting issue within the City of West University Place. Every effort was made to correctly identify the street addresses where lighting observations were noted by the surveying team, however, the reported addresses should be considered approximate.At this time,we recommend that the established period for seasonal decorations should be lengthened to encapsulate the period in which Halloween decorations begin to appear within the city(early October). Additionally,we recommend further investigation and/or an adjustment to the commercial lighting regulations to avert potential commercial lighting overspill into residential areas. The instances of residential security lighting glare noted during this survey are in violation of existing lighting ordinances and can be effectively addressed through code enforcement measures. If you have any questions or require further information, please do not hesitate to contact us. Sincerely, Joe Newton Senior Planner Planning@bbgcode.com TX BBG Consulting WEST UNIVERSITY PLACE-EXTERIOR LIGHTING SURVEY-9/27 Moving or Colored Lighting strobing lighting Glare or above the Photos Street: Address: lights? present? overspill? soffit?overspill? Comments: (YIN) (Y/N) (YIN) (Y/N) (YIN) ALBANS 3312 N N Y N Y Security light glare 3308 N N Y N Y Security light glare AMHERST 4009 N N Y N Y Security light glare ARBUCKLE 2632 N N Y N Y Security light glare BARBARA 2732 N Y N N Y Colored lighting 6514 N N Y N Y Security light glare BELMONT 6544 N N Y N Y Security light glare BUFFALO 5822 N N Y N Y Security light glare SPEEDWAY CASON 2702 N N Y N Y Security light glare 2704 N N Y N Y Security light glare CENTENARY 2717 N Y N N Y Colored lighting COLLEGE 3903 N N Y N Y Security light glare LAFAYETTE 2815 N N Y N Y Security light glare LAKE 5917 N N Y N Y Security light glare PITTSBURG 2640 N N T N Y Security light glare 3765 N N Y N Y Security light glare ROBINHOOD 2818 N N Y N Y Security light glare 6509 N N Y N Y Security light glare SEWANEE 6543 N N Y N Y Security light glare SUNSET 2914 N N Y N Y Security light glare TALBOTT 2738 Y N N N Y Flashing decoration. VILLANOVA 3909 N N Y N Y Security light glare WROXTON 2926 N N Y N Y Security light glare WEST UNIVERSITY PLACE-EXTERIOR LIGHTING SURVEY-10/27 Moving or Colored Glare or Lighting Photos strobing lighting above the Street: Address: lights? present? overspill? soffit? provided? Comments: (Y/N) (Y/N) (Y/N) (Y/N) (Y/N) 2736 N Y N N Y Halloween decoration. ALBANS 2709 N Y N N Y Halloween decoration. 4150 N Y N N Y Halloween decoration. 4131 N Y N N Y Halloween decoration. AMHERST 3410 N Y N N Y Halloween decoration. 3409 N Y N N Y Halloween decoration. 4259 N Y N N Y Halloween decoration. DARTMOUTH 4202 N Y N N Y Halloween decoration. 3131 N Y N N Y Halloween decoration. JARRARD 3120 N Y N N Y Halloween decoration. 3107 N Y N N Y Halloween decoration. 4223 N Y N N Y Halloween decoration. MARQUETTE 4216 N Y N N Y Halloween decoration. 4148 N Y N N Y Halloween decoration. 4136 N Y N N Y Halloween decoration. OBERLIN 4149 N Y N N Y Halloween decoration. 4139 N Y N N Y Halloween decoration. 4125 N Y N N Y Halloween decoration. PEMBERTON 2729 N Y N N Y Halloween decoration. 3314 N Y N N Y Halloween decoration. PLUMB 3305 N Y N N Y Halloween decoration. 3113 N Y N N Y Halloween decoration. 3110 N Y N N Y Halloween decoration. QUENBY 3034 N Y N N Y Halloween decoration. 3027 N Y N N Y Halloween decoration. 3001 N Y N N Y Halloween decoration. 3727 N Y N N Y Halloween decoration. 3700 N Y N N Y Halloween decoration. RICE 3701 N Y N N Y Halloween decoration. 3602 N Y N N Y Halloween decoration. 3601 N Y N N Y Halloween decoration. 3780 N Y N N Y Halloween decoration. 3754 N Y N N Y Halloween decoration. ROBINHOOD 3745 N Y N N Y Halloween decoration. 3713 N Y N N Y Halloween decoration. 3709 N Y N N Y Halloween decoration. Moving or Colored Lighting strobing lighting Glare or above the Photos Street: Address: lights? present? overspill? soffit? provided? Comments: (YIN) (Y/N) VIM (YIN) (Y/N) 4148 N Y N N Y Halloween decoration. RUSKIN 4144 N Y N N Y Halloween decoration. 4129 N Y N N Y Halloween decoration. 6317 N Y N N Y Halloween decoration. 6331 N Y N N Y Halloween decoration. RUTGERS 6344 N Y N N Y Halloween decoration. 6350 N V N N Y Halloween decoration. SOTHWESTERN 3910 N Y N N V Halloween decoration. SUNSET 3424 N Y N N V Halloween decoration. 2738 N V N N Y Halloween decoration. TALBOTT 2728 N Y N N Y Halloween decoration. 2725 N Y N N Y Halloween decoration. 4149 N Y N N Y Halloween decoration. 4117 N Y N N Y Halloween decoration. TENNYSON 4114 N Y N N Y Halloween decoration. 3903 N Y N N V Halloween decoration. 6403 N Y N N Y Halloween decoration. VANDERBILT 6546 N Y N N Y Halloween decoration. 6539 N Y N N Y Halloween decoration. WESTCHESTER 6623 N Y N N Y Halloween decoration. WEST UNIVERSITY PLACE-EXTERIOR LIGHTING SURVEY-1/3/24 Moving or Colored Lighting Glare or Photos strobing lighting above the Street: Address: lights? present? overspill? soffit? provided? Comments: (Y/N) (Y/N) (Y/N) (Y/N) (Y/N) 3504 N Y Y N Y Christmas decorations. GEORGETOWN - 3742 N Y N Y Y Christmas decorations. 4101 N Y Y N Y Christmas decorations. Marquette 4110 N N Y N Y Christmas decorations. NOTTINGHAM 3303 N Y Y Y Y Christmas decorations. OBERLIN 4005 N Y Y Y Y Christmas decorations. 3401 N Y Y N Y Christmas decorations. PLUMB 3720 N Y N N Y Christmas decorations. 3606 N Y Y N Y Christmas decorations. 3739 N N N N Y Christmas decorations. RICE 3934 N Y Y N Y Christmas decorations. 4150 N Y Y N Y Christmas decorations. RILEY 4028 N Y N Y Y Christmas decorations. 3609 N Y Y N Y Christmas decorations. ROBINHOOD 3224 N N Y Y Y Christmas decorations. RUSKIN 4201 N N Y N Y Christmas decorations. 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I,..._mo Wm Lea 1•aa1Jl.NNI ■. .W, C•7uW{III. �� �W.1tj_-r P7c ■.m.17 r�yq r _WiiF1.. rlrN .ei� !,f OnMara Raw 1-:a .,.�i oval-+-tlW, i�•�la� ��;-mirW It'+;rllr _.• f.11� r" i w ro .°]IIII ~'x r~t._ _� •�° I_.tat ui'rear. -y W W _.t,OG,,af_r..!fi[II[:: a war r�_�w_ _! aAs! ! rda-r,ri.atar ee■r:a IJ t !!! - __ail�^- Iyt.IF.R.N i.,-mew f81 [Ira. [:a-IIL^.Gaa1lwWi.ra pia _ m �r _■a 1sa� c_..��__I ..,e.a•■w,.:q -1 r g, �:'-� tdrotiw..1..1imir [e[ Il�ri.... ! ....i1 w a;la.'= Jutl„:ii' PA a ,a i•ej v_I,-aIwdliw-:. i !ILIA.a7tl iiiiAZ HIV•." w w mrw imp ..ei;am�•,6'I 111. ialt�ll f��f�l©■1 y�_1-,i Ga.>t�M h sl r�0' ■!yu Ft 11 Y1° rya aaq ■..pal�iw .1 iiil.0 n1st .=E _ w [_Hil� amp-et ,^,r'7 '1l!� Fir_+ _ yl�� a) :::!!!!!! '' CD Z r 1MjiillliUifllriUtUifl � 1111111111111111111111111111111111.- 1 L West University Place Noise Ordinance SAFEbuilt. PART II-CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE II. NOISE ARTICLE II. NOISE1 Sec. 54-39. Unreasonable noise prohibited. Notwithstanding anything else in this article, it is unlawful for any person to intentionally or knowingly make or create any noise of such volume, intensity, or duration as to disturb or annoy a reasonable person of normal sensitivity in the usual and expected enjoyment or the use of a dwelling. In determining whether a violation of this paragraph occurs,the following may be considered: (1) The level,frequency,or duration of the noise; (2) The proximity of the noise to the dwelling; (3) The nature and zoning of the area within which the noise occurs; and (4) The time of the day or night the noise occurs. (Ord. No. 2098, §1(App.A), 7-27-2020) Sec. 54-40. General noise level limit. Except as provided in section 54-41, it is unlawful for any person to make,assist in making, permit,or continue making,any sound at any location beyond the property lines of the property on which the sound is being generated that when measured exceeds the applicable dB(A) level listed below. The general maximum limits for any noise,except for noises specifically listed in section 54-41 of this chapter,are as follows: (1) Residential property: a. 58 dB(A)during residential quiet hours. b. 65 dB(A)during all other times. (2) Nonresidential property: 68 dB(A)at all times. (3) All sound level measurements shall be made as provided in section 54-44 of this article, unless as otherwise stipulated in section 54-41. (Ord. No. 2098, § 1(App.A),7-27-2020) Sec. 54-41. Enumeration of specific noises. (a) The following noises, among others,are declared to be loud,disturbing noises in violation of this article (this enumeration is neither exhaustive nor exclusive of other noises): 'Sec. 1,App.A,of Ord. No.2098,adopted July 27,2020,amended art. II in its entirety to read as herein set out. Former art. II pertained to the same subject matter,consisted of§§54-39-54-43, and derived from the 2003 Code. West University Place,Texas,Code of Ordinances Created: 2024-07-14 13:49:38 [EST] (Supp.No.45) Page 1 of 4 (1) The noise of any horn or signal device on any automobile,motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control;the same noise made while in motion,except as a danger signal after,or as,brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device;and the sound of such device made for any unreasonable period of time. (2) The sound of: a. Any vehicular or portable radio, phonograph,disc player,tape player or any musical instrument that is plainly audible outdoors from a distance of 100 feet or more (or 50 feet or more during residential quiet hours);or b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Example: If the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device,the enforcement officer need not determine the title of a song,specific words, or the artist performing the song.The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair,so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires,grating,grinding, rattling or other noise exceeding 85 decibels. (4) The sound of any mechanical equipment installed at a fixed location (examples:fans,compressors, condensers, pumps,generators, etc.), if: a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site where it is installed, and noise at that point is measured at a level of 70 dB(A)or higher; and b. Immediately before or after operation of the equipment,noise at the same point is measured at a level of 65 dB(A)or lower. (5) The sound of a discharge into the open air of the exhaust of any internal combustion motor or engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) The sound of any mechanical device operated by compressed air,except pneumatic drills, unless the noise thereby created is effectively muffled and reduced. (7) The sound produced by the erection,excavation,construction,or demolition of any building or structure, including the use of any necessary tools or equipment, if produced: a. During residential quiet hours, unless the dB(A) limitation in subsection 54-40(1)(a) is satisfied,or the next sentence is applicable. If the sound is produced during residential quiet hours at a time authorized in writing by the building official,a decibel limit of 85 dB(A)shall apply during the time period authorized by the building official. b. Outside residential quiet hours if the sound exceeds 85 dB(A)when measured from the property line of the residential property where the sound is being received.This decibel limit is not applicable when a current,valid permit has been obtained for the activities named and the sounds are being produced outside of residential quiet hours. (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while the same is in session,or adjacent to any hospital at any time,which noise unreasonably interferes Created: 2024-07-14 13:49:38 [EST] (Supp.No.45) Page 2 of 4 with the working of any such institution, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street. (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container, or the opening or destruction of bales, boxes,crates or containers. (10) The sound of any bell,gong,whistle,siren,or other alarm or signaling device installed at a fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof. Exceptions:This does not apply to: a. An emergency alarm operated by the fire department or other governmental agency; b. An alarm system permitted and operated in compliance with applicable regulations, including automatic shutoff rules, see,e.g.chapter 26;or c. Any gong, bell or chime used in a religious observance or prayer. (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance,show or sale of merchandise. (12) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (13) The sound made by leaf blowers, lawnmowers and other lawn and garden maintenance equipment when operated during residential quiet hours. (14) The sound made by lawnmowers or other lawn and garden equipment excluding leaf blowers operated outside residential quiet hours that exceeds 85 dB(A) measured at 25 feet from such equipment. (15) The sound made by any leaf blower operated outside residential quiet hours that exceeds 70 dB(A) from a distance of 50 feet utilizing the American National Standard Institute Methodology(ANSI B175.2).Any leaf blower that bears that certification shall be deemed to comply with any noise level limit of this subsection provided it operates as the manufacturer designed.Any operator of a leaf blower without this certification shall provide verification from the manufacturer confirming compliance with this subsection, and for the purpose of clarity,the lack of such certification shall be a violation of this subsection. (b) In the event of any conflict between this section and section 54-40,the provisions of this section shall control. (Ord. No. 2098, § 1(App.A),7-27-2020) Sec. 54-42. Affirmative defenses. (a) Request to cease. It shall be an affirmative defense in any prosecution under this article that a request to cease causing the noise in question was given neither to the person charged nor to any officer, agent, employee or representative of the person charged.All peace officers and other city enforcement personnel are hereby authorized to request that persons cease causing noises that are apparently in violation of this article. Nothing herein limits the right of others to make such requests. (b) Urgent public projects. It shall be an affirmative defense, in any prosecution under this article that the offending noise was deemed a necessary repair by the public works director for a public need. (c) Measured noise levels. It shall be an affirmative defense, in any prosecution under this article,that a measured noise level was actually produced by some person or thing other than that alleged to have caused the noise. (d) Registered outdoor events. It shall be an affirmative defense, in any prosecution under this article,that the offending noise resulted from an outdoor concert or similar event that: Created: 2024-07-14 13:49:38 [EST] (Supp.No.45) Page 3 of 4 (1) Was registered at least 48 hours in advance with the chief of police; (2) Did not last more than four hours, of which no more than two hours were during residential quiet hours; and (3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings. (e) Speech or expression.The affirmative defenses for speech or expression enumerated in V.T.C.A., Penal Code §42.04(prior order to move,disperse or remedy)shall also be available in any prosecutions for violations of this article. (Ord. No. 2098, § 1(App.A), 7-27-2020) Sec. 54-43. Injunction as additional remedy. As an additional remedy,the noise made by any activity,device, instrument,vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitivity,or which endangers the comfort, repose, health or peace of residents in the area,shall be deemed,and is declared to be, in violation of this article and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. No. 2098, § 1(App.A), 7-27-2020) Sec. 54-44. Sound level measurements. Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with a type 1 or type 2 calibrated sound level meters using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI S1.4-1984/85A). (2) Noise levels shall be measured in decibels and A-weighted.The unit of measurement shall be designated a"dB(A)." (3) Meters shall be calibrated annually in accordance with ANSI S1.40 1984. (4) Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. (5) The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound.A windscreen for the microphone shall be used. (6) At the property line of the building site where the noise is being generated, unless as otherwise stipulated in section 54-41. (Ord. No. 2098, § 1(App.A), 7-27-2020) Secs. 54-45-54-74. Reserved. Created: 2024-07-14 13:49:38 [EST] (Supp. No.45) Page 4 of 4 Permits Issued per Classification Run Date : Wed Sep 04 16:55:19 CDT 2024 Thru = 12/31/2019 Classification = 7391702 Applications Issued = 01/01/2019 GENERATOR 01/01/2019 thru 12/31/2019 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 12 Permits Issued per Classification Run Date : Wed Sep 04 16:54:43 CDT 2024 Thru = 12/31/2020 Classification = 7391702 Applications Issued = 01/01/2020 GENERATOR 01/01/2020 thru 12/31/2020 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 44 Permits Issued per Classification Run Date : Wed Sep 04 16:57:52 CDT 2024 Thru = 12/31/2021 Classification = 7391702 Applications Issued = 01/01/2021 GENERATOR 01/01/2021 thru 12/31/2021 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 135 Permits Issued per Classification Run Date : Wed Sep 04 16:53:14 CDT 2024 Thru = 12/31/2022 Classification = 7391702 Applications Issued = 01/01/2022 GENERATOR 01/01/2022 thru 12/31/2022 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 183 Permits Issued per Classification Run Date : Wed Sep 04 16:52:31 CDT 2024 Thru = 12/31/2023 Classification = 7391702 Applications Issued = 01/01/2023 GENERATOR 01/01/2023 thru 12/31/2023 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 79 I Permits Issued per Classification Run Date : Wed Sep 04 16:51:45 CDT 2024 Thru = 08/31/2024 Classification = 7391702 Applications Issued = 01/01/2024 GENERATOR 01/01/2024 thru 08/31/2024 Permit No Issue Date Parcel Id Owner Contractor Valuation Total Permits Issued 63 Total Permit Valuation 6,962,701 West University Place Quiet Hours SA F E built. PART II -CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE II. NOISE ARTICLE II. NOISE1 Sec. 54-39. Unreasonable noise prohibited. Notwithstanding anything else in this article, it is unlawful for any person to intentionally or knowingly make or create any noise of such volume, intensity,or duration as to disturb or annoy a reasonable person of normal sensitivity in the usual and expected enjoyment or the use of a dwelling. In determining whether a violation of this paragraph occurs,the following may be considered: (1) The level,frequency,or duration of the noise; (2) The proximity of the noise to the dwelling; (3) The nature and zoning of the area within which the noise occurs; and (4) The time of the day or night the noise occurs. (Ord. No. 2098, § 1(App.A),7-27-2020) Sec. 54-40.General noise level limit. Except as provided in section 54-41, it is unlawful for any person to make,assist in making, permit,or continue making,any sound at any location beyond the property lines of the property on which the sound is being generated that when measured exceeds the applicable dB(A) level listed below. The general maximum limits for any noise,except for noises specifically listed in section 54-41 of this chapter,are as follows: (1) Residential property: a. 58 dB(A)during residential quiet hours. b. 65 dB(A)during all other times. (2) Nonresidential property: 68 dB(A)at all times. (3) All sound level measurements shall be made as provided in section 54-44 of this article, unless as otherwise stipulated in section 54-41. (Ord. No. 2098, § 1(App.A),7-27-2020) 'Sec. 1,App.A,of Ord. No.2098,adopted July 27,2020,amended art. II in its entirety to read as herein set out. Former art. II pertained to the same subject matter,consisted of§§54-39-54-43, and derived from the 2003 Code. West University Place,Texas,Code of Ordinances Created: 2024-07-14 13:49:38 [EST] (Supp.No.45) Page 1 of 1 West University Place HVAC Unit Location SAFEbuilt. PART II -CODE OF ORDINANCES APPENDIX A-ZONING ORDINANCE* ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS Section 7-100. Purpose and applicability. The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7-101. Regulations, tables,etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 7-1. Uses;Table 7-2.Yards(or'setbacks');Table 7-3.Open&Pervious Areas;Table 7-4a.Garage Space;Table 7-4b. Buildings;Table 7-5a. Parking, Driveways, Etc.;Table 7-5b.Certain Structures (b) Projections. Permissible projections into yards,and details about computation of open and pervious areas, are set out in Table 7-6,the"Projections Schedule." Table 7-6. Projections Schedule Projections Schedule General Rule:This schedule describes certain structures which are allowed to "project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the "Yards (or'setbacks')" and the "Open & Pervious Areas"tables. Table 7-6. Projections Schedule,cont. Type Of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Rules For Yard. Calculating Open & Pervious Areas Front Rear Side SF Yard Yard Yard Bufferyard Mechanical Air conditioning 0 See Note See Note 0 The area Equipment equipment, pool 6. 6. does not equipment, and similar count as freestanding mechanical either equipment open or pervious area. Table 7-6. Projections Schedule,cont. West University Place,Texas,Code of Ordinances Created: 2024-07-14 13:49:45 [EST] (Supp.No.45) Page 1 of 2 Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if: (a)separating the equipment from 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 equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement; (c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official; (d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and (e)if located within five feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may 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 is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided, but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Created: 2024-07-14 13:49:45 [EST] (Supp.No.45) Page 2 of 2 L West University Place Driveway Length from Garage Door SAFEbuilt® Sec. 70-60. General driveway and sidewalk requirements. (a) Where there are tree canopies overhanging any portion of a sidewalk to be constructed,a root protective layer of six mil poly shall be placed on top of the ground under the rebar to protect any tree root system that could be damaged by the sidewalk concrete. No tree roots of one-inch diameter or larger shall be cut or damaged by the sidewalk construction without approval of the urban forester. (b) No water meters, water valves, hydrant valves or cleanouts shall be installed in paved areas unless approved in writing by the building official. (c) On side street entry garages,the garage door must be a minimum of 18 feet from the property line abutting the side street. (d) Any driveway parking space required by the city's zoning code shall not encroach into the street right-of-way. (e) Sidewalks shall run parallel to the curb and be located at or as near the property line as possible unless otherwise approved in writing by the building official. (f) The building official may approve the use of decomposed granite in place of concrete upon the request of a property owner if the urban forester determines that the use of decomposed granite is necessary to preserve a protected tree,the property owner agrees to maintain the decomposed granite and the property owner agrees to replace the decomposed granite with concrete should the protected tree die or be removed. •....w ..i.r... On pi WS UNVERSM PLACE wrr.uwr.sa.vuos n 7 s l ,... -" sue" rn. ..,,.... i.:•..l-.... rAm.it 1 ) ._•-_ 'i'' r O D»._.. •':war =i 4::,-,,,'.1':'L'IY. :':.''.=',:.;::,:'"'.,.I.' .r ,i...14.ra..w0.0.0uw,w O PROPOSED SIDEWALK AT ETTTTCOMMIE DETAIL 0(*MUM DELS sw».wwns ..,_....»..r,., .'••••'•.,`.y4. y,v4 Wwz rel x v[..0 �c.wiiau iv,.[µw..�u n an '•1<sx�'.<.dW,-.0 f....+..5arlg fI l'tvl=741. 0 CONCAVE SIDeYEAtK DEfA. O tYE1MYEKNTNEADEA oty of West university Place,Texas DIStandard Driveway and Sidewalk Details • Created: 2024-07-14 13:49:40 [EST] (Supp.No.45) Page 1 of 1 L West University Place Basketball Goal Location SAFEbuilt. PART II -CODE OF ORDINANCES APPENDIX A-ZONING ORDINANCE* ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS ARTICLE 7. DISTRICT-SPECIFIC REGULATIONS Section 7-100. Purpose and applicability. The purpose of this Article is to prescribe regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7-101. Regulations,tables,etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 7-1. Uses;Table 7-2.Yards(or'setbacks');Table 7-3.Open&Pervious Areas;Table 7-4a.Garage Space;Table 7-4b. Buildings;Table 7-5a. Parking, Driveways, Etc.;Table 7-5b. Certain Structures (b) Projections. Permissible projections into yards,and details about computation of open and pervious areas, are set out in Table 7-6,the"Projections Schedule." Table 7-6. Projections Schedule,cont. Type Of Structure Maximum Allowed Projection (In Inches), Measured Special From The Inside Edge Of The Yard. Rules For Calculating Open & Pervious Areas Front Yard Rear Yard Side Yard SF B uffe rya rd Certain Basketball 120" No limit No limit No limit The area Accessory goals generally, may count Structures but see as both Note 7. open area and pervious area. Note 7. Basketball Goals. No part of the equipment may be closer than ten feet to any street line. West University Place,Texas,Code of Ordinances Created: 2024-97-14 13:49:45 [EST] (Supp.No.45) Page 1 of 1 L West University Place Definition of Structure SAFEbuilt., Section 2-102. Certain terms. Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this ordinance: Structure. Anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures,which do not limit this definition, are: sculptures; lampposts; sidewalks; driveways; playground equipment and facilities; buildings; flagpoles; antennas and pools. A canopy or similar object designed or used to shelter a motor vehicle, a boat or similarly-sized items is deemed to be a structure if it remains in substantially the same place for more than ten days, regardless of whether it is readily portable, frequently moved or unattached. Created: 2024-07-14 13:49:44 [EST] (Supp.No.45) Page 1 of 1 Section 7-101. Regulations,tables,etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 7-1. Uses;Table 7-2.Yards(or'setbacks');Table 7-3.Open&Pervious Areas;Table 7-4a.Garage Space;Table 7-4b. Buildings;Table 7-5a. Parking, Driveways, Etc.;Table 7-Sb.Certain Structures (b) Projections. Permissible projections into yards,and details about computation of open and pervious areas, are set out in Table 7-6,the"Projections Schedule." Table 7-6. Projections Schedule Projections Schedule General Rule:This schedule describes certain structures which are allowed to"project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the"Yards (or'setbacks')" and the "Open & Pervious Areas"tables. Type Of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Rules For Yard. Calculating Open & Pervious Areas Front Rear Side SF Yard Yard Yard Bufferyard Buildings Items near ground level: 120"See No limit. 0 See No limit The area And porches, platforms and Note See Note Note 13. counts as Attached decks higher than six 1.1. 1.1. open area. Structures, inches but not higher The area Cont. than 14 inches, and beneath a similar structures deck may attached to buildings count as pervious area if rain is allowed to pass through the deck. Other parts of buildings 0, but 0, but 0, but 0, but see The area and structures attached see Note see see Note Note 3. does not to buildings. 2.See Notes 3 5.See See Notes count as Note and 4. Note 13. 1.1 and either 1.1. See 13. open or Notes pervious 1.1 and area. 13. Created: 2024-07-14 13:49:45 [EST] (Supp.No.45) Page 1 of 2 Ground level Sidewalks, patios, No limit, No limit No limit No limit The area and porches/platforms/decks, except counts as underground retaining walls, that open area items driveways, parking areas decks but not as and similar structures not may not pervious higher than six inches; all project area underground structures. more unless the See also Table 7-3 than material is regarding pervious 120" completely pavement. pervious to water. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. See Table 7-3. Created: 2024-07-14 13:49:45 [EST] (Stipp.No.45) Page 2 of 2 Sec. 18-202. Prohibition in front or side. (a) Prohibition. No fence may be constructed,improved or structurally altered on the front yard(setback)of any building site. Exceptions:this restriction does not apply to low retaining walls, institutional security fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be located in the front yard(setback)of a building site by this Code or the zoning ordinance. (1) Reserved. (2) Low retaining wall means a wall designed and used to hold earth or similar material in place,no part of which extends higher than the highest naturally occurring part of the ground in the front portion of the building site and no part of which is located outside of the building site. (3) Institutional security fence means a fence which meets all of the following criteria: a. The fence is located on a building site where there is a building or group of buildings specially constructed and used as an actual place of religious worship(including schools, parking lots, parsonages and other accessory buildings); b. The fence is located along or generally parallel to a major thoroughfare,and only along side streets to the extent necessary to connect the main portion of the fence to side fences,rear fences or buildings; and c. The fence is no more than 50 percent opaque. (4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire(West Holcombe) Boulevard. (b) Rotated corner lots.This subsection only applies to a corner lot carved out of a larger corner site originally established by the first plat or map of the subdivision in question,where the front street line of the corner lot is on a different street from the street where the larger corner site had its front street line.On such a corner lot, no fence may be constructed, improved or structurally altered along the side street line of the corner lot(this would have been the front street line of the original larger corner site) unless the fence is set back from the side street by at least one of the following two distances: (1) A distance equal to the depth of the front setback area of any adjacent building site which has a front setback area abutting the side street;or (2) A distance equal to the depth of the side setback area of the corner lot, measured from the side street. If the BSC is requested to issue a variance to permit a fence on the corner lot closer to the side street than prescribed above,and if a petition signed by 20 percent or more of the persons owning property along the side street within 200 feet of the rear lot line of the corner lot(and on the same side of the side street) is presented to the BSC before it acts on the request,the requested variances shall not take effect unless approved by all members of the BSC qualified and serving. Under no circumstances,with or without a variance,is a fence allowed within five feet of the side street line. (c) Street visibility at a major thoroughfare.This subsection only applies to a corner lot adjacent to a major thoroughfare or roadway marked for four lanes or more.Any fence constructed, improved or structurally altered on any such lot shall require prior approval from the building official and/or a traffic study submitted by a licensed traffic engineer.Visibility will be determined in accordance with the guidelines of the American Association of State Highway Transportation Officials(AASHTO).The standard is a 15-foot curb setback from the major thoroughfare for the assumed eye of the approaching driver.The building official may reduce this setback to a minimum of ten feet if there is a natural obstruction. (Code 2003, §6.583;Ord. No. 1979, § 1(Exh.A), 5-20-2013; Ord. No. 2001, § 1(App.A),2-9-2015) Created: 2024-07-14 13:49:32 [EST] (Supp.No.45) Page 1 of 1 city of West University Place 4. Meeting Minutes SAFEbuilt. ;ity of West University Place Public Works Department Zoning & Planning Commission MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES March 21,2024 MEMBERS PRESENT: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu, Myrenda Takashima (arrived at 6:29 pm) and John Howard STAFF PRESENT: Legal Counsel Loren Smith, Administrative Coordinator Josie Hayes and Zoning Official Joseph Newton GUEST: Councilmember, Clay Brett 1. Notices, Rules, Etc. John Cutrer, Presiding Officer, called the meeting to order at 6:15 p.m. John Cutrer asked staff to confirm that appropriate notices were given. Josie Hayes stated notices were posted per state and local laws. John Cutrer asked commission members and staff to introduce themselves. 2. Public Comments. Clay Brett provided an update regarding the flag redesign, a variance request for El Topo to acquire their liquor license, re-opening of Weir Park in early June, capital projects update and the Facilities Master Plan. 3. SF District Consolidation. John Cutrer made a motion to approve the final report and submit it to City Council. Second by Dick Yehle. AYES: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu and John Howard. NOES: None. ABSTAIN: None. Motion passed 6-0. 4. Sports Courts. Joe Newton discussed the clarifying language that was added regarding rear yard boundary lines. After discussion, Bob Powell made a motion to approve the final report as amended with a diagram as an example and submit it to City Council. Second by Dick Yehle. AYES: John Cutrer, Dick Yehle, Bob Powell, Sam Ma .7u and John Howard. NOES: Doug Rephlo. ABSTAIN: None. Motion passed 6-1. 5. Selection of Vice-Chairman. Bob Powell nominated Dick Yehle as Vice-Chairman. Second by Doug Rephlo. AYES: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department Sam Mazzu, Myrenda Takashima and John Howard. NOES: None. ABSTAIN: None. Motion passed 7-0. 6. Meeting Minutes. Sam Mazzu made a motion to approve the meeting minutes of November 3, 2023 and February 12, 2024. Second by John Howard.AYES: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu, Myrenda Takashima and John Howard. NOES: None. ABSTAIN: None. Motion passed 7-0. [Adjournment] Sam Mazzu made a motion to adjourn. Second by John Howard. AYES: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu, Myrenda Takashima and John Howard. NOES: None. ABSTAIN: None. Meeting adjourned at 6:49 p.m. PASSED THIS DAY OF , 2024. John Cutrer, Chairman ATTEST: Ms. Josie M. Hayes, Administrative Coordinator 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 West University Place Public Works Department Zoning & Planning Commission MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES August 8,2024 MEMBERS PRESENT: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu and Myrenda Takashima MEMBERS ABSENT: John Howard STAFF PRESENT: Legal Counsel Philip Boedeker, Asst. Public Works Director, Brett Cast, Building Official, John McGowan, Administrative Coordinator Josie Hayes, Permit Technician, Angela CeZar and Zoning Official Joseph Newton GUEST: Councilmember, Clay Brett, Alida Drewes and Sam Harwell 1. Notices, Rules, Etc. John Cutrer, Presiding Officer, called the meeting to order at 6:15 p.m. John Cutrer asked staff to confirm that appropriate notices were given. Josie Hayes stated notices were posted per state and local laws. John Cutrer asked commission members and staff to introduce themselves. John McGowan informed the commission that he has resigned and this would be his last meeting. 2. Public Comments. Alida Drewes, 6112 Fordham spoke regarding a current survey needing to be required before any fence can be replaced. Clay Brett provided an update regarding the Facilities Master Plan,the closing of the ELF Pipeline to provide a drainage solution on the west side and the Harris County Flood District has announced plans to repair the north side of the Poor Farm Ditch. Sam Harwell, 3809 Marquette stated the definition of structure should be edited and keep track of anything that is considered a structure, that it gets treated the same way each time; limiting the generator testing times; taking into consideration the size of the generator enclosure because it will limit where the unit can be placed on the property, the 18' driveway length when sidewalk is blocked is usually because of other things and regarding basketball goal noise, considered making it disallowed during quiet hours. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of- West University Public ublic Works Department 3. Discussion Items from City Council. • Lighting Ordinance—Joe Newton stated late last year a lighting study was done and did not find any broad violations at that time. They did notice there was significant overspill from commercial lighting. A recommendation was made that restrictions should be added for commercial lighting. The current ordinance does not account for temporary lighting for Halloween. Joe recommended the date in the ordinance be changed to October 15. There was general discussion regarding light trespassing with houses being illuminated and the time frame of when Christmas lights should be allowed. ZPC asked that the study that was done be submitted for the next meeting. • Nosie Ordinance—There was general discussion regarding the existing ordinance that does not include generators, if cabinets should be required to be installed on them or any of the existing generators already installed. ZPC asked that additional information regarding the number of generator permits issued, the housing and the draft ordinance be submitted for the next meeting. • Quiet Hours—Joe Newton recommended making a new definition that allow social gatherings that outline what type of activities would be included such as barbeques. There was general discussion if the existing ordinance should be changed. • HVAC unit Location—Joe Newton explained where the current ordinance allows for units to be set on the property. ZPC asked staff to get more clarification as to why this was on the agenda and bring it back to the next meeting. • Driveway Length from Garage Door and Materials—Joe Newton stated the issue for this has already been addressed while the edits were being done in the Zoning Ordinance. Staff does get allot of push back from developers for the 18' requirement. Joe thinks some of the pushback will go away now that the inconsistencies have been cleaned up in the Zoning Ordinance. • Basketball Goal Location—Joe Newton stated during the sports court ordinance project, basketball courts were incorporated into that. There was general discussion regarding the existing setbacks. Staff stated there has been some complaints by residents. By the time the Code Enforcement Officer goes out, there is no longer an issue. There was general discussion what the setback should be if one was imposed. There was also discussion regarding the safety concerns of having a basketball goal in the front yard. Staff was asked to provide more background information to the next meeting for discussion. • Definition of Structure—Joe Newton stated City Council asked the ZPC if the definition needed to be changed. There was discussion if artificial turf would be 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 ity of West University k Department Works Place Public o s ep considered a structure. Staff was asked to provide additional information to the next meeting for discussion. [Adjournment] Sam Mazzu made a motion to adjourn. Second by Myrenda Takashima. AYES: John Cutrer, Dick Yehle, Bob Powell, Doug Rephlo, Sam Mazzu, and Myrenda Takashima. NOES: None. ABSTAIN: None. Meeting adjourned at 7:54 p.m. PASSED THIS DAY OF 2024. John Cutrer, Chairman ATTEST: Ms. Josie M. Hayes, Administrative Coordinator 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830