Megan Navarro
BUDA — The city of Buda could be updating its noise ordinance as it relates to live music at downtown businesses.
History
The city of Buda has recently updated its comprehensive, downtown master and strategic plans and some central elements in all of those relate to the downtown area, as well as live music being important to the city’s cultural and economic growth, according to city manager Micah Grau. For example, one of the goals in the Strategic Plan is to have a historic and vibrant downtown, one component of which is discussing how to have more live music opportunities.
This also coincides with Buda being designated by the Texas Music Office (TMO) as a Music Friendly Texas Certified Community in March, after completing the multi-step certification process. The program was the first in the nation, since it was introduced by TMO in 2016, and seeks to foster music business-related economic development and job creation in cities and communities across the state.
Ordinance
Grau said that a noise ordinance has already been in place, but it has not been updated since 2013, so the city is looking at possibly making some changes. However, those proposed changes would still need to go before city council for approval.
“I did a workshop with [city] council on this back in April, I want to say, and what we presented to council back then was the idea of creating a music venue permit because one of the challenges that we have is the proximity of downtown commercial businesses to residential. We're still very much a downtown that both values having these community commercial spaces, but also wanting to be respectful of those that still live in downtown to call it home,” Grau said. “What we're trying to do with the ordinance is find a delicate balance between those two of allowing live music to coexist with people that still want a quiet homestead, as well.”
The city manager continued, stating that they are also looking at adding a music venue permit piece to the ordinance, as the current process is considered to be restrictive, costly and time-consuming. Right now, indoor live music for a small venue is allowed downtown and, as some of the venues are wanting to expand into an outdoor space, they are required to go through the process of securing a specific use permit (SUP), which could take upwards of three months, with a $3,000 attached cost.
Due to this, one of the changes that the city is possibly looking at is removing the SUP requirement in the F5H zoning — which is the most dense downtown zoning or properties just along Main Street — for small outdoor music venues. However, there would still be some zoning classifications required to get an SUP.
The ordinance also coincides with recently-passed Senate Bill (SB) 1008, which creates statewide standards for restaurants that are more than 300 feet from residential properties, Grau explained. It would have the most impact where businesses and neighborhoods are close together.
“So, if you are classified as a restaurant, according to state law’s definition of a restaurant, and you're more than 300 feet from residential, then you're allowed to have amplified music, whether it's live music or just music playing like on a patio type setting. They're restricted to 70 decibels,” he said. “There's some time limitations, as well, and then, the city cannot regulate the noise related to those areas; they fall solely within the state law requirements or state law restrictions. Anything closer than 300 feet, we can regulate separately and, of course, if it's not a restaurant.”
According to a presentation that was given during an Oct. 2 community town hall, as the music venue permit is currently proposed, any outdoor music venue, where zoning allows, that will have regular live music performances that exceed the baseline decibel limits of the noise ordinance and that is not regulated by SB 1008 would be required to get the permit.
This would not apply to: indoor venues; coffee shops, restaurants or other venues with irregular live music performances that won’t exceed decibel limits, but they could apply for a temporary noise permit; and restaurants that are more than 300 feet from residential property.
As part of the proposal, the city is also looking at changing some of the decibel limits.
Baseline
• Timeframe: Daytime between the hours of 7 a.m. and 10 p.m.; nighttime is 10 p.m. to 7 a.m. Sunday through Thursday and 11:30 p.m. to 7 a.m. Friday and Saturday.
• Residential: 63 decibels daytime; 56 nighttime (no change)
• Commercial: Change from 70 to 65 decibels daytime; 63 to 60 nighttime
• Industrial: 80 decibels daytime; 65 decibels nighttime (no change)
Proposed music venue
• Timeframe within 300 feet of residential: Noon-8 p.m. Monday-Thursday, 10 a.m. to 11 p.m. Friday-Saturday and 10 a.m. to 8 p.m. Sunday
• Timeframe beyond 300 feet of residential (state law): Noon-10 p.m. Monday-Thursday, 10 a.m. to 11 p.m. Friday-Saturday and 10 a.m. to 10 p.m. Sunday
• 70 decibels across the board for residential, commercial, industrial and other zoning within 300 feet of residential properties
The music venue permits, as they are currently proposed, would expire annually March 31 and would need to be renewed each year to remain valid. There would be a one-time $250 cost, along with notification and $20 technology fees, as well as the annual renewal of $20.
In addition to the other requirements in the application, it is proposed that interested parties would need to submit a Sound Impact Plan that includes the following: sound mitigating design features; prescribed decibel levels and hours of operation; availability and use of decibel readers onsite; contact information and hours of availability for the individual responsible for sound; location for permit display; and other elements that may be required.
They would also be subject to a “Good Neighbor Policy,” the purpose of which is to maintain the safety, quiet and cleanliness of the area surrounding the venue.
If any violations occur, they would be subject to a:
• Class C Misdemeanor and $500 fine
• Suspension of permit if documented two or more violations of the Sound Impact Plan within a 90-day period
• Revocation of permit — may be appealed to city council — will happen if additional violations are occurring during a suspension, within six months of the end of a suspension or three violations within a one-year period.
The city has been working to garner feedback from both business owners and residents before submitting a final proposal to city council. As such, there were town halls held for both groups on Sept. 30 and Oct. 2, respectively, where they were able to discuss any concerns or comments.
Grau explained that the proposal could be brought to city council at its Oct. 21 meeting, but, based on some of the feedback heard, that may be delayed until November, to ensure that all concerns are addressed.
“We're working very hard to be respectful of the people that live in downtown, while still trying to create that vibrant downtown. With any ordinance, there's opportunities for changes,” he said. “If council approves something and it's not having the desired effect, we can always go back and have a second look at it.”
