HomeMy WebLinkAboutItem 08 - Residential Standby GeneratorsAM24-01.4 1
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
ERICA MAROHNIC, PLANNING SERVICES DIRECTOR
MEETING DATE: AUGUST 20, 2024
SUBJECT: CONSIDER AMENDMENTS AND CHANGES TO THE
COMPREHENSIVE ZONING ORDINANCE (82-73), SAME
BEING APPENDIX D OF THE CODE OF ORDINANCES
RELATIVE TO RESIDENTIAL STANDBY GENERATORS
AM24-01)
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and City Council consider the
amendments to create a definition in Section 12, Definitions and amend Subsection A.3,
Noise Regulation of Section 55, Performance Standards by adding an exception for
residential standby generators.
BACKGROUND:
Residential standby generators are becoming increasingly important for homeowners who
want to ensure continuous power during outages caused by natural disasters, infrastructure
failures, or emergencies. These generators automatically activate during a power outage,
providing essential electricity to maintain heating, cooling, medical equipment, and other
critical household functions.
Currently, the city's noise ordinance does not address the use of these generators. This
oversight could potentially create obstacles for homeowners looking to install these
generators and could result in penalties for necessary operation. This gap in the ordinance
creates challenges for residents who rely on these devices for safety and health reasons.
ISSUES:
Residential standby generators usually emit noise at a level of around 60-70 decibels, which
is about as loud as a normal conversation. The maximum permissible sound level in a
residential district is 59 dBA between 7:00 a.m. and 10:00 p.m. and 52 dBA between 10:00
p.m. and 7:00 a.m.
Many generators may need to run self-diagnostic tests automatically on a weekly or monthly
basis, while others may require manual testing by the homeowners. The frequency of testing
may depend on the manufacturer's recommendations and the specific model of the
generator.
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Historically, Grapevine has required residential standby generators to be equipped with
baffling, covers, or other noise attenuation methods during the building permitting process.
These generators can produce a significant amount of noise while running, which can be
disruptive to the surrounding community, especially in residential areas where neighbors
are near each other. However, implementing these noise-reducing measures can be
expensive, void the generator's warranty, or potentially affect its overall performance during
an actual emergency event.
REFINEMENT OF PROPOSED AMENDMENT
During the request to call a public hearing on July 16, the Council acknowledged the need
to balance noise control with practical requirements. They suggested that the proposed
exception should come with reasonable conditions to manage noise levels. For instance,
there should be restrictions on testing and maintenance times to minimize disturbances to
neighbors, in line with established construction hours. In case of emergencies, generators
may be used without restriction during declared emergencies or power outages.
Incorporating a definition for a residential standby generator in Chapter 12, Definitions of the
Zoning Ordinance ensures a clear understanding and consistency in its regulation and use.
This definition will help to differentiate these generators from other types, such as temporary
portable generators, which in turn facilitates proper zoning, installation, and safety
standards. This clarity is crucial for homeowners, builders, and city departments to ensure
compliance and mitigate potential conflicts.
SUMMARY OF PROPOSED AMENDMENTS:
Below are proposed revisions depicted in a strikethrough/underline format to show deletions
and insertions found in various sections of the Zoning Ordinance.
Section 12, Definitions
RESIDENTIAL STANDBY GENERATOR means a whole-home emergency generator for
residential units as a backup power system designed to automatically provide electricity to
an entire household during a power outage. It is not intended to be used in place of a
permanent electric connection.
Section 55, Performance Standards
3. NOISE REGULATION: This ordinance shall apply to all sound originating within the limits
of the City of Grapevine, Texas. It applies 24 hours of everyday of the week and year
around. This ordinance does not apply to any moving vehicle or aircraft, nor does it apply
to sound emitted from any emergency warning device. This ordinance does not apply to
the following activities as long as they are conducted in daytime hours as a normal
function of a permitted, conditional or special use and the equipment is maintained in
proper working condition:
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Lawn and yard maintenance
Residential standby generator, limited to testing periods between the hours of
7:00 a.m. and 7:00 p.m., Monday through Saturday, and during emergency
events only, and not used in place of a permanent electric connection.
em
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ORDINANCE NO. 2024-073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX “D” OF
THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING
SECTION 12, DEFINITIONS; TO CREATE A NEW
DEFINITION AND SECTION 55, PERFORMANCE
STANDARDS; TO CREATE A NEW EXCEPTION TO NOISE
REGULATION FOR RESIDENTIAL STANDBY
GENERATORS (WHOLE HOME) DURING TESTING
PERIODS AND EMERGENCY EVENTS (AM24-01);
REPEALING CONFLICTING ORDINANCES; PROVIDING A
PENALTY; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine recognizes the importance of ensuring a reliable
and continuous power supply for residents, particularly during emergencies and natural
disasters; and
WHEREAS, residential standby generators (whole home generators) provide
essential backup power to maintain critical household functions, including heating,
cooling, medical equipment, and communication systems; and
WHEREAS, the City of Grapevine is committed to protecting the health, safety,
and welfare of its residents by allowing the use of residential standby generators during
power outages and other emergencies; and
WHEREAS, the existing noise ordinance may inadvertently restrict the use of
necessary residential standby generators, thereby compromising residents' ability to
safeguard their homes and well-being during power interruptions; and
WHEREAS, it is deemed appropriate to adopt an exception to the noise ordinance
to permit the operation of residential standby generators (whole home generators) during
times of power outages, routine maintenance, and testing periods; and
WHEREAS, the City of Grapevine aims to balance the need for emergency power
solutions with the community's interest in minimizing noise disturbances; and
WHEREAS, this ordinance will include reasonable conditions and limitations to
ensure that the use of residential standby generators does not unduly impact the peace
and quiet of residential neighborhoods; and
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Ordinance No. 2024-073 2 AM24-01
WHEREAS, Section 12 of the Zoning Ordinance of the City of Grapevine provides
definitions for land uses and related development standards; and
WHEREAS, Section 55, Performance Standards of the Zoning Ordinance of the
City of Grapevine regulates noise standards; and
WHEREAS, the City Council wishes to amend Section 12, Definitions and Section
55, Performance Standards to allow for an additional exception for residential stand by
generators (whole home) during testing periods and emergency events; and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Subsection 12.A, of Section 12 of the Zoning Ordinance –
Definitions”, is amended by creating a new definition for “residential standby generators,”
is hereby amended as follows:
RESIDENTIAL STANDYBY GENERATOR means a whole-home emergency generator
for residential units as a backup power system designed to automatically provide
electricity to an entire household during a power outage. It is not intended to be used in
place of a permanent electric connection.
Section 3. That Subsection 55.A.3, “Noise Regulation” of Section 55 of the Zoning
Ordinance – “Performance Standards”, is amended by creating an exception for
residential standby generators, is hereby amended as follows:
3. NOISE REGULATION: This ordinance shall apply to all sound originating within
the limits of the City of Grapevine, Texas. It applies 24 hours of everyday of the
week and year around. This ordinance does not apply to any moving vehicle or
aircraft nor does it apply to sound emitted from any emergency warning device.
This ordinance does not apply to the following activities as long as they are
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Ordinance No. 2024-073 3 AM24-01
conducted in daytime hours as a normal function of a permitted, conditional or
special use and the equipment is maintained in proper working condition:
Lawn and yard maintenance
Residential standby generator, limited to testing periods between the
hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and during
emergency events only, and not used in place of a permanent electric
connection.
Section 3. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 4. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 5. If any section, subsection, sentence, clause or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 6. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates
undesirable conditions for the preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
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Ordinance No. 2024-073 4 AM24-01
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 20th day of August, 2024.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
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