Bellaire - Meyerland - West University | May 2023

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How it started New noise and lighting ordinances are being workshopped in Bellaire.

May

June

TBD

the noise ordinance, but not 4 a.m.” Her backyard faces the alley behind one of the shopping centers in town. While Stone is aware of the city of Bel- laire’s noise ordinances, she said she thinks the city’s existing ordinances could be enforced more. “I think that the city can gure out a way to do it. They need to cite these businesses,” she said. Research completed in 2022 by Bellaire’s Planning and Zoning Com- mission found the city’s current com- pliance standards and penalties for violations regarding noise regulations were inconsistent. The commission also found Bellaire’s existing lighting regulations oered little guidance and were too general. In order to establish a more dened and ecient enforcement process, Bellaire ocials have been work- ing together to rene and combine the city’s existing noise and lighting ordinances. “Noise and lighting issues have been an important aspect of many applica- tions considered by the commission in recent years, and a review of com- plaints led with the Bellaire Police Department and code enforcement suggest quality of life concerns exist in the city,” Commission Chair Weldon Taylor said in a February statement to City Council. Changes, new developments Four principles guided the com- mission’s decision to review Bellaire’s current noise and lighting issues, Weldon said. One was to clarify the purpose behind each noise and lighting regula- tion; a second was to protect and sup- port the city’s character as the “City of Homes”; a third was to provide more guidance to new and existing develop- ers; and a fourth was to ensure that reg- ulations are clear to properly support how the Bellaire Police Department can enforce protocols. Director of Development Services Travis Tanner said the proposed changes, released in February, wouldn’t drastically alter the way things are now. Instead, he said they would posi- tion city ocials to better deal with issues that could arise, including how future developments in the city could impact residential areas when it comes to lighting and noise. “We’re really trying to address sig- nicant nuisance issues that come along often with commercial devel- opment being adjacent to residential

The city will hold a public hearing for residents to weigh-in on the proposed changes.

Council will set a future date to vote on proposed ordinances.

Workshops on the ordinances will be hosted by Bellaire City Council.

City sta aim to nalize a noise and lighting ordinance draft that will be presented to council.

Noise

lighting

Existing: Noise regulations are found in three code provisions, but compliance standards and penalties for violations are inconsistent. Proposed: Any loud, unnecessary noise which either annoys, disturbs, injures or endangers the comfort, health, peace or safety of others within the limits of the city in violation of any provisions is declared detrimental to the public health, welfare and prosperity of the general public and declared a public nuisance.

*SEASONAL LIGHTING ALLOWED 45 DAYS FROM DATE OF INSTALLATION AND CANNOT BE DIRECTED ON OTHER PROPERTY downward and glare shielded to limit spillover. Residential*: No outdoor lighting after 10 p.m. on resident recreational facilities. Parking lots: Maximum height for lights would be 15 feet for all lots. Current standards restrict heights to 20 feet generally and 15 feet when adjacent to residential areas. Parking garages: Lights at the top oor shall be directed Existing: Regulations are minimal and lacking in provisions to properly enforce. Proposed: Commercial: Permits will require a photometric analysis that studies the lighting at a job site before construction begins to visualize how much light is distributed.

Examples • Horns, signaling devices, radios and similar devices on vehicles • Yelling, shouting on streets particularly during quiet hours penalties Under proposed changes, all ordinance violators would be charged with a misdemeanor.

• Exhausts • Loudspeakers on public streets • Blowers, fans • Noise near school, church, court, hospital • Lawn equipment

$150 minimum: for the rst oense of a violation or failure to comply $500 minimum: for any subsequent oense or failure to comply Proposed

Existing

$25 minimum: current penalty for noise oenses

How to file a complaint

development, not things that people would normally do on their residential property that doesn’t bother other peo- ple,” Tanner said. The draft ordinance includes direc- tion for new construction related to properties located directly adjacent to residentially zoned areas. For commercial properties and developers applying for city permits, proposed changes would require a photometric analysis that studies light- ing at a site before construction begins. The data provides specic illumination standards and visualizes how much light is distributed, including at night. With the proposed noise ordinance changes, a noise nuisance would be dened as a person, object or animal that makes loud, unnecessary noise that either annoys, disturbs, injures or endangers the comfort, health, peace or safety of others within city limits. When it comes to enforcing current noise level regulations, Bellaire’s code is divided into residential, commercial and industrial categories, which each have their own maximum noise levels. From 7 a.m.-10 p.m., sounds can only range from 55-75 decibels depending on the category. From 10 p.m.-7 a.m., maximum sound levels would not be able to exceed 60 decibels in residen- tial areas.

Proposed noise ordinance changes would establish quiet and nonquiet hours in the city. Quiet hours on week- days would mean that noises above 65 decibels for residents and 72 decibels for nonresidential zones would be pro- hibited from 10 p.m.-7 a.m. For week- ends, prohibited noise levels would not be allowed from 10 p.m.-8 a.m. New penalties From July 2020 until April 2023, more than 430 noise complaint records were led with the city with com- plaints ranging from construction to loud music and parties. The new ordinance calls for penalty fees for both noise and lighting viola- tions. Those found guilty of a misde- meanor would pay no less than $150 for the rst oense and no less than $500 for any subsequent oense. Currently, miscellaneous noise violations have a $25 minimum penalty. If a lighting complaint is made, new rules could mean a compliance inspec- tion would be conducted by the city, according to the draft ordinance. City sta aim to nalize an ordinance draft by June and present it to council, Tanner said. Following that, a public hearing would be scheduled for resi- dents and local businesses to weigh in. From there, council would set a future

Ongoing issue Contact the Development Services Department, which works with the Bellaire Police Department. 713-662-8230 Mon.-Fri. 8 a.m.-5 p.m. After-hours complaint Call the Bellaire Police Department for an ocer to be able to immediately investigate. 713-668-0487 (or 911 for emergencies)

SOURCE: CITY OF BELLAIRECOMMUNITY IMPACT

date for the ordinance to go for a vote. When it comes to conguring the best practices for both commer- cial and residential lighting and noise regulations in the city, Mayor Andrew Friedberg said the city should approach it with a mindset of what problems they are trying to solve. “We’re not trying to regulate peo- ple’s freedoms, but we are trying to protect neighbors from externali- ties that are a shared environment,” Friedberg said.

For more information, visit communityimpact.com .

COMMUNITYIMPACT.COM